How long do you have to make a medical negligence claim?
In many cases the standard limitation period is three years, but the point at which those three years begin can vary and important exceptions may apply.
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Specialist claims
Birth Injury & Brain Injury at Birth Claims
Birth injury claims can involve antenatal care, labour, delivery or postnatal treatment. Where a baby sustains a brain injury around the time of birth, the investigation can include fetal monitoring, the timing and method of delivery, resuscitation and neonatal care, together with long-term prognosis and support needs.
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1
Failure to recognise fetal distress
2
Delayed delivery where urgent intervention was indicated
3
Mismanagement of labour
Last updated 6 August 2026
Understanding the claim
What can amount to brain injury at birth?
A poor outcome alone does not prove negligence. The investigation considers what a reasonably competent healthcare professional should have done and whether any failure made a material difference to the outcome.
Failure to recognise fetal distress
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Delayed delivery where urgent intervention was indicated
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Mismanagement of labour
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Hypoxic-ischaemic brain injury around birth
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Inappropriate use of instruments
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Delayed resuscitation or neonatal treatment
This can justify investigation depending on the clinical circumstances, available evidence and harm caused.
Evidence
How a brain injury at birth claim may be investigated
Relevant evidence depends on the circumstances. Common sources include:
01
Antenatal and maternity records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
02
CTG traces
The evidence is considered alongside the chronology and appropriate independent expert opinion.
03
Delivery and neonatal records
The evidence is considered alongside the chronology and appropriate independent expert opinion.
04
Specialist obstetric, midwifery, neonatal and paediatric expert evidence
The evidence is considered alongside the chronology and appropriate independent expert opinion.
The process
What happens after an initial enquiry
- 01
Initial enquiry
Tell us what happened, when the treatment took place and how you were affected.
- 02
Early assessment
The key facts, limitation position and whether further investigation may be appropriate are considered.
- 03
Records & evidence
Relevant medical records, chronology and evidence of any financial losses may be obtained.
- 04
Expert review
Appropriate independent experts may address breach of duty, causation, condition and prognosis.
- 05
Claim & negotiation
Where the evidence supports a claim, the relevant defendant can be notified and liability or settlement discussed.
- 06
Resolution
The matter may conclude by agreement or, where necessary, through the court process.
Compensation
What can compensation take into account?
There is no reliable generic calculator for medical negligence. Where liability is established, compensation can reflect the individual injury and financial consequences supported by evidence.
- Pain, suffering and loss of amenity
- Past and future loss of earnings
- Care and assistance
- Rehabilitation and treatment
- Equipment, travel or accommodation needs
- Other reasonable losses caused by the injury
Start an enquiry
Tell us what happened.
Questions answered
Brain Injury at Birth FAQs
Can a claim be made for brain injury at birth?
Potentially. The investigation must establish whether the maternity or neonatal care fell below a reasonable standard and whether that failure caused or materially contributed to the brain injury.
Can a claim be made on behalf of a child?
Yes, a suitable litigation friend can often pursue a claim on a child’s behalf. Different limitation rules apply to children.
Related guidance
Useful medical negligence guides
How medical negligence claims work
A plain-English overview of breach of duty, causation, medical records, expert evidence and the main stages of a claim.
Read guide →
Can you claim for an A&E misdiagnosis?
Key considerations where emergency care failed to recognise, investigate or appropriately respond to a serious condition.
Read guide →Free initial enquiry
Talk to us about a potential brain injury at birth claim.
Tell us what happened and our team can explain the next steps.