Brain Injury at Birth Compensation

A brain injury at birth can have permanent and devastating consequences for a child and their family. If this injury is the result of negligent medical care, you could be entitled to make a brain injury at birth compensation claim.

A birth brain injury can be caused by a lack of oxygen, infections or physical trauma. The consequences can range from mild mobility issues to learning disabilities and health issues that may severely affect the child’s independence and quality of life.

We understand how overwhelming a brain injury at birth can be and are here to offer you empathetic support and legal guidance. Our team of specialist solicitors can help you secure the financial support you need for treatment, rehabilitation or lifelong care.

To find out if you can claim compensation for a brain injury at birth, call 0800 470 0474 today or complete our online contact form. You will receive a free case assessment with no obligation to proceed.

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Table of Contents

• Am I eligible to make a brain injury at birth compensation claim?
• How do I prove a brain injury at birth claim?
• How do I start the brain injury claims process?
• How do I make a claim on behalf of a loved one?
• What could cause a birth brain injury?
• What types of medical negligence could cause a brain injury at birth?
• What are the signs of neonatal brain damage?
• What could be the impact of a brain injury at birth?
• What treatment is available for childbirth brain injuries?
• Is there a time limit to make a neonatal brain injury compensation claim?
• How much compensation is awarded for birth injuries affecting the brain?
• Can I get interim compensation payments?
• Do medical negligence solicitors offer a No Win No Fee service?

Am I eligible to make a brain injury at birth compensation claim?

All healthcare providers, including obstetricians, nurses and midwives, have a legal duty to deliver treatment that meets an acceptable standard of skill, care and knowledge. You may be eligible to make a brain injury at birth claim if:

• A medical professional failed to provide an acceptable standard of care.
• That negligence directly caused or contributed to your or your baby’s brain injury.
• You are within the legal time limit to start a medical negligence claim.

A specialist personal injury solicitor can assess your case during a free consultation over the phone and establish whether you are eligible to start a claim for compensation.

How do I prove a brain injury at birth claim?

To prove a childbirth brain injury claim, your solicitor must be able to establish these elements:

• Duty of care: A healthcare provider owed you or your baby a duty of care.
• Breach of duty: The care provided fell below the expected medical standard.
• Causation: The substandard care caused or worsened the brain injury.
• Damages: The injury caused you or your child pain, suffering and financial losses.

The evidence used to prove these elements and support your claim may include:

• Medical records and hospital reports, including scans and treatments.
• Expert medical opinions regarding the standard of care provided and its long-term impact.
• Witness statements from you, your family and hospital staff.
• Photographs or videos proving the injury or disability suffered as a result.
• Financial documents for related losses and expenses.

How do I start the brain injury claims process?

If you or your child suffered a brain injury at birth and you want to start a clinical negligence compensation claim, the steps are as follows:

• A free initial consultation with a personal injury lawyer to discuss the merits of your case.
• If you can proceed, they will help you gather supporting evidence and calculate the value of your claim.
• Your solicitor will then send a letter of claim to the defendant and inform them of your allegation and the compensation you seek.
• A letter of response from the defendant will let you know whether they admit or deny liability.
• Your solicitor will negotiate your compensation settlement or issue court proceedings and prepare for a court trial if liability is denied (more than 97% of all cases settle out of court).

How do I make a claim on behalf of a loved one?

If your child has suffered a birth injury to the brain, you could be eligible to make a claim on their behalf as a litigation friend.

First, you must apply to the court by submitting a certificate of suitability, proving that:

• You can represent them fairly and competently throughout the claim.
• There is no conflict of interest between you.

Your solicitor will help you fill in and file all the necessary documents and offer you support and advice at every step. You can read more about the process here: What is a litigation friend?

What could cause a birth brain injury?

A child’s birth injury can be due to various causes, including:

• A lack of oxygen to the brain (brain hypoxia or anoxia), even for a few minutes.
• Physical trauma, typically from tools such as forceps or vacuum extractors.
• Certain maternal infections that can be transmitted to the baby, such as herpes or rubella.
• Complications during labour and delivery.
• Other medical complications, such as preeclampsia, hydrocephalus or jaundice.

If the traumatic or hypoxic brain injury was due to medical negligence, you may be entitled to compensation.

What types of medical negligence could cause a brain injury at birth?

To be eligible to claim compensation for a brain injury at birth, this must be the result of some form of medical negligence, such as:

• Failure to react to a worrying scan.
• Applying excessive force when using the forceps or ventouse.
• Failure to monitor foetal heart rate and respond to signs of distress.
• Prolonged labour and delays in performing a C-section.
• Failing to detect or manage maternal complications like preeclampsia or infections.
• Failure to recognise and treat severe jaundice after birth.
• Failing to provide cooling therapy.
• Failing to identify and respond to umbilical cord complications.
• Errors in administering medication or anaesthesia during labour.
• Failing to clear meconium from the baby’s airways.

What are the signs of neonatal brain damage?

Many signs and symptoms can indicate that a child has suffered a brain injury at birth. In the hours or days following delivery, a baby with brain damage may show:

• Seizures or unexplained twitching movements.
• An abnormally large forehead or small head.
• High-pitched, unusual crying.
• Stiff or floppy muscles.
• Poor feeding or difficulty latching.
• Extreme irritability or low alertness.
• Weak or absent reflexes.
• Unusual eye movements or sensitivity to light.
• Difficulty breathing and regulating body temperature.

In some cases, brain injury symptoms only become apparent months or even years later, as developmental delays emerge. These may include:

• Delayed milestones, such as rolling over, sitting, crawling or walking.
• Muscle stiffness or spasticity.
• Difficulty with coordination or balance.
• Speech or communication delays.
• Learning difficulties or poor concentration.
• Hearing or vision problems.
• Behavioural changes, such as hyperactivity or emotional outbursts.

If a birth brain injury is suspected, it is essential to carry out tests such as EEGs, MRIs and CT scans to assess the brain structure and abnormal brain activity. Early recognition and treatment can make a life-changing difference in recovery and support.

What could be the impact of a brain injury at birth?

A brain injury at birth can lead to a wide range of long-term consequences, depending on its severity and the specific brain area affected. These include:

• Movement disorders such as cerebral palsy.
• Behavioural and emotional challenges, such as anxiety, irritability and extreme mood swings.
• Developmental delays and learning difficulties.
• Seizures or epilepsy.
• Speech, vision or hearing problems.
• Feeding or swallowing difficulties.
• Communication difficulties that affect social interaction and education.
• Hormonal imbalances that could lead to conditions such as diabetes.
• Need for lifelong care and support.

The amount of brain injury at birth compensation will reflect the type and severity of the long-term impact and provide support for ongoing care and assistance needs.

What treatment is available for childbirth brain injuries?

The treatment for a birth brain injury will depend on its type and severity. This is typically focused on preventing further damage, managing the associated symptoms and assisting the patient with their daily needs, and can include:

• Cooling therapy is used to slow metabolic activity in the brain and protect brain cells from further damage caused by oxygen deprivation.
• Surgery to drain a haematoma or cerebrospinal fluid and relieve pressure.
• Oxygen therapy can be used to increase the oxygen flow to the brain.
• Speech and occupational therapy.
• Medication to manage symptoms like seizures or muscle stiffness.
• Mobility aids, such as wheelchairs or walking frames.
• Physical therapy to help with movement disorders or muscle weakness.
• Assistive devices to help with daily tasks.
• Ongoing specialist and community support services.

While treatment can’t reverse the brain damage, early and consistent care can significantly improve quality of life and long-term outcomes.

Is there a time limit to make a neonatal brain injury compensation claim?

For most clinical negligence claims, you have three years to start a claim from the date of injury or the date you became aware that negligence occurred.

However, for birth injury claims involving a brain injury:

• A parent or legal guardian can make a claim on behalf of a child at any time before their 18th birthday.
• If no claim is made, children have until their 21st birthday to start a claim once they turn 18.
• If the injured person lacks mental capacity, there is no time limit at all.

How much compensation is awarded for birth injuries affecting the brain?

The compensation awarded for birth-related brain injuries is typically substantial, reflecting the onerous financial strain associated with lifelong disabilities. This is composed of two types of damages:

• General damages cover the subjective impact of the brain injury, including long-term pain, suffering and disability.
• Special damages cover related financial losses and expenses, such as private treatments, care needs, medical aids, home modifications and impact on earning capacity.

A specialist solicitor will be able to assess the value of your claim during a free consultation. You can also get a rough estimate by using our free online compensation calculator.

Can I get interim compensation payments?

Birth brain injury claims can be complex and take years to settle. In some cases, the full extent of the damage cannot be assessed until the child is fully grown, so the claim cannot be settled until that time.

This can leave the family under financial strain and unable to pay for therapies, medical aids or equipment. In such cases, your solicitor can arrange a split trial. During a first hearing, the court will determine if the defendant is liable for compensation.

If liability is proven, your solicitor will be able to request interim payments to cover all your immediate financial needs. A second trial will be held at a later date to determine the full amount of compensation owed to you.

Do medical negligence solicitors offer a No Win No Fee service?

Yes, if you or a loved one suffered brain damage at birth due to medical negligence and you are eligible for compensation, our partner solicitors will represent you on a no win no fee basis. This means that:

• You won’t pay any legal fees upfront or if your claim is unsuccessful.
• If you win the case, a success fee ( pre-agreed and capped at 25%) will be deducted from your compensation to cover your solicitor’s work.

If you or your child suffered a brain injury during birth, and you believe you could make a claim for compensation, do not hesitate to seek legal advice. You can call 0800 470 0474 or use our online contact form to receive a free case assessment with no obligation to proceed.

Last edited on 30th Nov 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.