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  • Overview

    Contact one of our specialist lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a no win no fee agreement.

    When can you make a compensation claim for birth injury?

    A birth injury involving an injury to a newborn has a profound impact on the whole family. Ensuring the right amount of compensation is paid can give someone access to the support they need throughout their lives and ease the care load for loved ones.

    Our overriding aim is to protect the interests of you and your child and achieve the most advantageous outcome for the long term. We make sure your case is fully investigated and guide you carefully through each step of the claim process. Giving a personal service and acting with sensitivity are important to us.

    You can make a birth injury compensation claim when medical negligence has resulted in an injury to the newborn baby, these cases often include:

    • Cerebral palsy
    • Erbs palsy (or brachial plexus injury).
    • Subgaleal haemorrhage (damaged to the scalp)
    • Deafness
    • Stillbirth

    Birth injury compensation claims can arise for many reasons, including:

    • failure of foetal monitoring
    • inadequate monitoring
    • midwife delays in seeking medical assistance
    • mishandling ventouse or forceps delivery
    • delay in referring for caesarean section
    • hyper-stimulating uterus with oxytocin
    • oxytocin subscription error
    • failure to warn mother of increased risk of choosing midwife run birthing centres rather than hospital delivery.

    Compensation claims can also be made where the mother suffers injury during childbirth (obstetrics claims).

    How our clinical negligence solicitors can help with a birth injury claim

    • The size of our clinical negligence team and the breadth of our knowledge in birth injury compensation claims means it is likely that we have already recovered compensation in a case with similar circumstances to yours.
    • We can help you find out why the system has failed you and what went wrong. Or prevent the same thing happening to somebody else.
    • Birth injury compensation claims are complex and require high levels of expertise. We create a team of specialists including:
      • the best independent case managers and consultants in the country
      • barristers known for their expertise in birth injury clinical negligence work
      • clinical negligence lawyers with significant experience in birth injury claims.
    • We can help you with applications to the Court of Protection for appointing a deputy to manage the money of someone who has suffered birth injury or for setting up a personal injury trust.

    Free initial consultation

    Contact our team of specialist lawyers for a free, no obligation, consultation and we will listen to the circumstances of your medical treatment, and give you clear advice on the chances of you receiving compensation in a clinical negligence claim. If we think you have a claim, we can investigate your case using the financial security of a no win no fee agreement.



  • Related Client Stories

    Doctor causes scarring to baby during delivery

    Our client, Baby W, was born with scarring to her head after her mother, Ms W, experienced a traumatic delivery at Salisbury Hospital as a result of the negligent actions of the doctor.

    Failure to diagnose severe intrauterine growth retardation

    Our client, Mr Y, was awarded £1.6 million (plus annual payments of over £100k for life) after he suffered chronic partial hypoxic ischaemia when doctors failed to diagnose severe intrauterine growth retardation, most likely caused by an insufficient placenta, during the last weeks of his mother’s pregnancy.   

    Lack of respiratory support causes cerebral palsy

    Patricia Fearnley, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured £5.4 million for a child who suffered brain damage and cerebral palsy after a considerable delay in being provided with respiratory support when he suffered breathing difficulties.

    Hypoxic brain damage after delayed caesarean section

    Patricia Fearnley, specialist clinical negligence lawyer based at Thomson Snell & Passmore’s Tunbridge Wells and Dartford (Thames Gateway) offices, has secured over £4 million for a child who suffered a hypoxic brain injury after being starved of oxygen during a delay in performing a caesarean section.

    Failure to plan and deliver baby properly leads to Erbs’ Palsy

    The clinical negligence team recently obtained a settlement in a compensation claim for a child diagnosed with Erbs’ Palsy soon after his birth. After failure to plan his delivery, to discuss the options available fully with his parents and a an allegedly mismanaged birth, the claimant suffered shoulder nerve damage during his birth. The case settled for a six figure award of damages plus legal costs.

    Inquest: coroner gives verdict of misadventure after baby dies one day after birth

    This case study demonstrates the expertise of our Clinical Negligence team who represented the family at the inquest into the death of their baby son, who died at one day old, having been born in an extremely poor condition.

    Mother awarded £60,000 for Sheehan's syndrome suffered as a result of negligently managed delivery

    This case study demonstrates the expertise of our Clinical Negligence team. The team recently recovered £60,000 for a mother who developed Sheehan's syndrome following severe injuries caused by a hospital's mismanagement of birth.

    Patient awarded £2.3 million for birth injuries including learning difficulties, hearing loss and mild motor disability

    This case study demonstrates the expertise of our Clinical Negligence team who recently recovered £2.3 million for a patient who suffered asphyxia during birth, leading to damage including learning difficulties and hearing loss.

    Negligent birth management results in Erb's Palsy award

    This case study demonstrates the expertise of our Clinical Negligence team who settled a case involving a baby who, through medical malpractice and the poor management of his birth, suffered shoulder dystocia resulting in right Erb’s Palsy.

    Compensation recovered for negligent treatment of ectopic pregnancy

    This case study demonstrates the expertise of our Clinical Negligence team who recently recovered £112,500 for a client who suffered a psychological injury following an unsuccessful operation to remove an ectopic pregnancy (which can be fatal if not treated). So severe was the pain that our client believed she was indeed going to die.

    Compensation for facial injuries caused by instrumental delivery

    This case study demonstrates the expertise of our Clinical Negligence team who recently recovered £11,150 for a young boy who suffered facial injuries during instrumental delivery at his birth despite the hospital not admitting negligence.

    Record damages awarded for blindness

    This case study demonstrates the expertise of our Clinical Negligence team who recently recovered £2.25 million for a client blinded as a result of retinopathy of prematurity, a disease of the retina which can affect premature babies.

  • Latest Updates

    Managing the Neuroscientific Complications of Concussion of the Auditory and Vestibular Systems

    Dr Peter Savundra, Consultant Audiovestibular Physician, provided insight on managing complications caused by damage to the audiovestibular systems after brain injury at our annual brain injury lecture on the 25th May 2017.

    Should I settle my medical negligence compensation claim directly with NHS Resolution?

    Often when patients are unhappy with the treatment they have received from an NHS hospital they will make a formal complaint to the Trust. Formal complaints are a useful way of getting essential information about the treatment a patient has received and may sometimes result in that Trust apologising to the aggrieved patient.

    Is your NHS complaint response worth the paper it is written on?

    Jessica Hanrahan, a Paralegal in our Clinical Negligence and Personal Injury team shares her views on the news that the NHS Complaints Service has been found it to be most inadequate following a review by the Health Service Ombudsman. 

  • Know How

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Tom was really helpful he explained very clearly and what would happen. Thank you


Clients are impressed with his performance, saying: 'He's very much a detail man; very careful and very thorough'

Chambers UK 2015

Thomson Snell & Passmore's 'consistently professional and accessible' team is led by Fiona Mills. Graham Bell is noted for his 'excellent eye for detail'

The Legal 500 2014

In a meeting with Patricia Fearnley I was struck by her immediate understanding of the situation, and also by her warmth and sympathy, which reassured me that I had made the right choice of solicitors to deal with our case


I have used various departments of TS&P and have ALWAYS been VERY happy with all advice correspondence, help and professionalism that I have received


I always feel listened to and have been treated very well


Very professional, removed the pressure from a stressful situation and allowed me to concentrate on my recovery.


Thank you for providing an excellent service, which due to you was stress free for me!  I am more than happy with the amount and am now, more importantly, able to move on putting this behind me.


 The best people outside London.

We will always be grateful for the way in which you so competently handled our claim and we would most certainly pass your name to anyone we know in need of comparable help.


An 'exceptionally capable' team.

The legal 500 2013

The team is very thorough and meticulous.

Chambers UK 2014

The team dealt with a difficult situation. It was good with getting the right experts involved with our case. - Chambers UK 2014

Chambers UK 2014

The firm's level of service is nothing short of phenomenal.

Chambers UK 2014

We would like to thank you for the thorough, efficient hard work you have done on Chris’s behalf. You have informed us of every stage of development as it has happened and we are very grateful for that.


We received sound and clearly explained advice, together with a response that was both sympathetic and professional. We have been kept regularly informed of progress and you have always responded promptly to any queries that we’ve risen in a constructive and helpful manner.


Many thanks for all your support and hard work through a torrid 2 ½ years. We both appreciate it could have ended very differently without your dedication and attention to detail.


I thank you so much for your excellent service and will recommend you strongly to anyone needing help.


Overall a very good and responsive service - I wasn't anticipating this. The process of claiming under this area of law is more complicated than I thought it would be but it was translated very efficiently to me.


You have helped make a difficult situation bearable.


I would like to express my extreme gratitude to you for all your hard work.  


Any time I needed to ask a question or needed any explanation about the case, James Cahan was there at the end of the phone. He answers his own phone so I felt as though I was getting a very personal service. I was never made to feel uncomfortable or a nuisance as I had felt with an earlier solicitor. Communication was excellent throughout, using emails, telephone and letters.  


My case was earlier rejected by another firm of solicitors yet Mr Cahan could see that there was a case to answer. With the expert medical witnesses which he sourced, good communication and sound advice, I felt very confident in his hands that we would get a successful outcome.


Very nice people. Really made the case a lot easier to understand; they were always there to help.


James Cahan's approach was exemplary, he was both approachable and understanding at all times.  


As mentioned, I was very impressed at the start! As the case grew and went on, I felt completely safe, and trusted Jonathan to act in my best interests, though everything was always run by me before going ahead with anything, without the experience and knowledge.


They worked as hard as possible to get me a result that I did not think I would end up with. The communication with my lawyer and his staff was excellent, and I felt at ease discussing such private matters with my lawyer, which is a rarity for me as I am a very private person.


My lawyer was very friendly and easy to talk to, and I always felt he was working his hardest on my case.


Oliver was very helpful and friendly, and settled the case within a short space of time.


Kept me up to date with all stages of the claim. Fees were good, and Oliver was a very helpful and friendly.


I would like to thank Jenny and her team for all their hard work and efforts during what has been a very traumatic 3 years.  Throughout this period, Jenny has been on hand with reassurance and advice.  At the same time, she assembled an excellent team of experts, which enabled me to reach a successful conclusion.


I cannot thank Jenny and her team enough and I wouldn't hesitate to recommend TS&P, Debbie, Jenny and Patricia highly enough. Many thanks again for your professional conduct throughout.


I am so grateful to TS&P for all their work and help with my mother's case; it was a very complicated and time-consuming case.


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