Birth Injury Solicitors in Derby

Birth injury claims and how they arise

A birth injury claim arises where a baby or mother has been harmed and there are concerns about the standard of care provided during pregnancy, labour, delivery or shortly after birth. Our team has extensive experience in successfully bringing birth injury claims in Derby, including those involving serious and life-changing conditions affecting both children and mothers.

For babies, this can include conditions such as:

• Cerebral palsy
• Erb’s palsy
• Brain injuries caused by a lack of oxygen
• Spinal injuries
• Issues with vision or hearing linked to delayed treatment, including untreated jaundice

In some cases, injuries occur during labour itself, this is sometimes referred to as birth trauma, and can include fractures, nerve damage or soft tissue injuries. We also advise in more serious cases, including stillbirth, neonatal death and fatal birth injury claims.

In other situations, the focus is on injuries suffered by the mother during pregnancy or childbirth, where there may be concerns about how care was provided at the time. This can involve:

• Damage to the pelvic area, bowel or bladder
• Complications following caesarean sections
• Pevere perineal tears
• Conditions that weren’t properly diagnosed or treated, such as pre-eclampsia or gestational diabetes

There can also be complications such as a retained placenta, which can pose serious risks if not identified and managed promptly. In these situations, part of our role is to look closely at what happened and whether it could have been handled differently.

When something goes wrong during intrapartum care

In many of these cases, concerns come down to the standard of care that was provided and whether it was satisfactory. This might include a lack of proper antenatal screening, a failure to recognise or respond to fetal distress, delays in delivery that result in oxygen deprivation, or problems with the use of instruments such as forceps or ventouse.

There may also be issues with the management of shoulder dystocia, or failures to diagnose and treat conditions affecting newborn babies, including low blood sugar or jaundice.

Our job is to carefully investigate what happened by reviewing the medical records available and working with independent experts who can provide a clear unbiased view of whether the care provided fell below the level considered acceptable.

Why families consider making a claim

For many families, bringing a claim isn’t just about financial compensation. It’s about understanding what happened and making sure the right support is in place for the future. Birth injuries can have a long-term impact on everyday life, not only for the individual affected but for the wider family as well.

Compensation can also help provide for a child’s future, including any care needs, therapy, treatment, specialist equipment and day-to-day living costs they may incur as a result of negligent care.

It can also help with practical changes such as:

• Adapting a home to make it more accessible
• Funding private treatment or therapy
• Accessing specialist equipment
• Purchasing a more suitable living arrangement
• Arranging long-term care

When you speak to one of our birth injury lawyers in Derby, we’ll take the time to explain what bringing a claim might involve for you and what support could realistically be put in place.

These claims don’t always involve a single payment at the end of the process. Where appropriate, interim payments can be secured earlier in the claims process. These are partial payments made before the case concludes, and can help to cover costs like therapy, care, equipment, or home adaptations while the claim is ongoing. In more serious cases, compensation may include both a lump sum and ongoing annual payments for the rest of a person’s life, ensuring their needs are met over time.

Who can bring a birth injury claim?

If a child has suffered an injury during pregnancy, labour or delivery, a parent or guardian can bring a claim on their behalf while they are under the age of 18. If a claim isn’t brought during childhood, the child will typically have until their 21st birthday to begin proceedings themselves. In cases where a baby has sadly passed away, there is usually a three-year time limit from the date of death to bring a claim.

If the mother has been injured, the time limit is three years. This period can begin either from the date the injury happened or from when it first became clear that the injury may have been caused by medical negligence. This is sometimes referred to as the “date of knowledge”.

We know that these time limits can feel like additional pressure in what is already an incredibly difficult situation, but you don’t need to have everything decided before you speak to us. A meeting with one of our solicitors about birth injuries in Derby can help you understand how these timeframes apply to your situation and what steps, if any, can be taken next if you choose to move forward.

Funding and support throughout the process

We understand that paying for a claim is often a big concern, particularly when you’re already facing additional expenses. We can advise on no win, no fee basis where appropriate. During your initial conversation, we’ll explain your options clearly so you can decide what feels right for you without any pressure.

Birth injury claims are often detailed and can take time, but you won’t be expected to deal with everything on your own. We’ll guide you through each stage, handle the legal work and make sure you’re kept updated in a way that feels clear and manageable.

Some clients prefer us to take on as much as possible, while others want to stay more closely involved. At Nelsons, we’ll always work in a way that suits you. Our main focus is on making sure you feel supported, informed and confident about what’s happening, however you choose to approach it.

Why choose Nelsons for birth injury claims in Derby?

When you’re dealing with something as serious as a birth injury, having the right support makes everything easier. Our medical negligence team is highly regarded and has extensive experience handling complex birth injury cases, and we’re proud to be recognised for this work. We are members of organisations including The Law Society, the Association of Personal Injury Lawyers (APIL), Headway and The Foundation for Infant Loss Training. Our work is also commended by directories such as The Legal 500 and Chambers and Partners.

Our birth injury solicitors in Derby are based at Sterne House on Lodge Lane, just outside the city centre. From here, we support individuals and families across Derby and the surrounding areas. Our office is easy to reach by car and public transport, with parking available nearby.

If you’d like to talk things through, getting in touch is a helpful first step. To arrange a confidential no-obligation discussion with a birth injury lawyer in Derby, give our team a call on 0800 024 1976 or complete our online enquiry form. We’re here to help you move forward in a way that feels right for your family.