Birth Injury Compensation Calculator – How Much Could I Claim?
By Stephen Moreau. Last Updated 22nd November 2023. In this guide, we offer advice on birth negligence claims. If you or your baby have suffered unnecessary harm due to a medical professional breaching their duty of care, you may be eligible to receive birth injury compensation.
Within this guide, we will discuss when you may have a valid medical negligence claim, and the duty of care all medical professionals owe their patients. We will also provide examples of the types of evidence that could be used to support a birth injury claim. This guide will also share how compensation is calculated, and how a solicitor could help you with claiming on a No Win No Fee basis.
To discuss your claim today, or to ask any questions such as ‘What is the average birth injury settlement in the UK?’, you can contact our team of advisors. They are available 24/7 to help you and offer free advice. You can reach our advisors via any of the following methods:
- Call 020 3870 4868
- Fill out our call-back request form, and an advisor will get back to you
- Chat with an advisor via live chat at the bottom of the page
Services And Information
- Medical Negligence Claims Calculator
- Am I Eligible To Make A Birth Injury Compensation Claim?
- What Is The Most Common Type Of Birth Injury?
- Tips On Proving A Claim For Traumatic Birth Compensation
- Is There A Time Limit For A Birth Injury Claim?
- Birth Injury Compensation Claims – No Win No Fee Legal Help
- Useful Pages
You may be looking for a birth injury compensation calculator to help you understand how much your claim could be worth. However, a calculator may not be able to consider all aspects of your claim when providing a figure. For example, some settlements may consist of two heads of claim: general and special damages.
General damages compensate for the harm you or your baby experienced due to a medical professional breaching their duty of care. Legal professionals can refer to the Judicial College Guidelines (JCG) to help arrive at a figure for your claim. This document lists guideline compensation brackets for various types of harm.
In our table below, we have provided a few figures from the 16th edition of the JCG. It is only to be used as guidance. The first entry in the table is an estimate figure that is not based on the JCG.
|Injury type||Compensation figures||Additional details|
|Multiple Serious Injuries Plus Special Damages||Up to £1,000,000+||Compensation may be provided if multiple serious injuries have been sustained. Financial losses caused by these injuries may also be factored into the total compensation payout.|
|Tetraplelgia/ Quadriplegia||£324,600 to|
|A few factors will be considered for this injury including the level of pain, life expectancy and sensory impact.|
|Various factors will be considered for this injury including the level of pain, the impact on a person's independence, the psychological affect and life expectancy.|
|Brain damage||£282,010 to £403,990||Very severe brain damage that results in the person needing full-time care for conditions such as cerebral palsy.|
|Brain damage||£43,060 to £90,720||Moderate brain damage (iii) where the person's memory and concentration is affected and there may be a small risk of the person developing epilepsy.|
|Female Reproductive System||£114,900 to|
|Where an injury has resulted in infertility alongside depression, anxiety, pain and scarring.|
|Shoulder||£19,200 to £48,030||Severe shoulder injury that involves damage to the brachial plexus and results in a permanent disability.|
|Shoulder||£12,770 to £19,200||Serious shoulder injury where the lower part of the brachial plexus is damaged.|
In addition to general damages, your award might include special damages. This head of a claim recovers financial losses caused by the medical negligence.
Some examples of special damages include:
- Loss of earnings for time spent off work to recover.
- Medical expenses, including therapy and medication costs.
- Carer costs if you require someone coming in to assist you, such as with washing.
You should submit evidence of your expenses, such as receipts or wage slips.
For further information about birth negligence claims and for a free valuation, please get in touch with an advisor from our team.
Medical professionals, including doctors and midwives, owe a duty of care to their patients to provide care that meets the correct standard. If they failed to uphold this duty, medical negligence may have occurred.
However, in order to be eligible to make a medical negligence claim and seek birth injuries compensation, you’ll need to prove the following:
- A medical professional owed you a duty of care
- That duty of care was breached
- You or your baby suffered avoidable harm as a result
If you can provide evidence that demonstrates you or your baby have suffered avoidable harm, due to receiving substandard care from a medical professional, you could be eligible to make a birth injury compensation claim.
Additionally, you’ll need to act within the time limit set out in the Limitation Act 1980. Typically, you have three years from the date of medical negligence or when you became aware that medical negligence caused you harm. However, there are exceptions to this.
Call our team to find out how medical negligence is determined and what evidence can be used to support your birth injury compensation claim.
There are numerous injuries that could affect the mother or child (or both) during childbirth, and certain issues may be caused or aggravated by a medical professional breaching their duty of care.
Examples of potential issues that could affect a mother include:
- Pre-eclampsia – A potential complication of pregnancy that can do serious or even fatal harm to a mother. It could occur if a doctor fails to spot signs of the condition and provide appropriate treatment to the mother.
- Perforated bowels – This could occur if, for instance, a mistake is made during a caesarean section.
- Severe infection and blood loss – This could potentially occur if a midwife fails to ensure the placenta was delivered.
A child could also experience a variety of long-term or permanent injuries due to medical negligence during childbirth. Examples include:
- Erb’s Palsy – This could occur if a baby’s arm or head has been pulled during delivery. This pulling could damage nerves in the shoulder, affecting the child’s movement and feelings in the arms.
- Cerebral Palsy – A complication such as an infection or a temporary lack of oxygen to the brain could affect the development of the baby’s brain, leading to symptoms including difficulties with movement, development and coordination.
- Facial paralysis or disfigurement.
- Spinal injuries.
- Breaks and fractures.
However, it is important to note that there may be certain instances where you or your baby suffers harm during childbirth, but a medical professional did not breach their duty of care. For example, in some cases, a baby’s shoulder will need to be dislocated in order to deliver them safely. In this instance, you might not be able to make a birth injury compensation claim on their behalf.
For more advice about birth injury claims in the UK, such as whether you can use a birth injury compensation calculator, please contact our advisors for free today.
An important part of making a claim for traumatic birth compensation is being able to prove that the harm suffered was caused by medical negligence. If you choose to hire legal representation, your solicitor can help give more clarity on what evidence you might need to help strengthen your claim.
Some examples of evidence that could be used to help prove a claim for traumatic birth compensation include:
- Medical records: Medical records such as your patient chart can provide some insight into the treatment you received. This can include medications you were prescribed or actions taken during your care that could have resulted in the birth injury.
- CCTV: Some hospitals are outfitted with CCTV. If you believe that negligent activity was caught on camera, you may be able to request the footage.
- Photographs: Taking photographs of the injury creates a visual record of the harm you or your child may have suffered and may help to strengthen your claim.
- Witness statements: A legal professional can take the statements of anyone who might have witnessed the suspected negligence. For example, if a spouse or partner was in the delivery room, or any other medical professionals attending to your case, they could potentially corroborate your version of events.
To learn more about how a solicitor from our panel could help you strengthen your case, contact our team of advisors today. Alternatively, keep reading to learn more about why there is no average birth injury settlement in the UK, and to find out how birth injuries can occur.
For medical negligence claims, you generally have three years to put forward your case. The three years can start from the date of the incident or the date you became aware that your injuries or condition were caused by negligence. The latter is called the “date of knowledge”.
In other situations, these time limits may vary. For example, in child accident claims, anyone under the age of 18 will have three years starting from the date they turn 18. While they’re still underage, a litigation friend can claim on their behalf.
If someone doesn’t have the mental capacity to submit the claim on their own behalf, a litigation friend could do it for them. They have three years from a recovery date to submit the claim themselves. If they don’t recover, the three years will be paused indefinitely.
For further details on the time limits for medical negligence claims, call our team on the number at the top of the page.
A solicitor’s help can be beneficial when making a claim. Not only could they use their knowledge and expertise to guide you through the process of seeking compensation, they can also manage and handle key aspects of your claim.
If you can present a valid claim for medical negligence, you could be able to work with a solicitor and seek birth injuries compensation under a No Win No Fee agreement. There are different types including a Conditional Fee Agreement. The terms of this typically mean you would not:
- Pay a fee for their services upfront
- Owe any ongoing payments for their services as your claim proceeds
- Pay a fee for their work if your claim is unsuccessful
If you successfully claim compensation, they can charge you a success fee. This fee is legally capped under the Conditional Fee Agreements Order 2013 and it cannot be charged as an out-of-pocket payment.
You can receive a free evaluation of your claim by contacting one our advisers. Outside of this, they could provide you with more legal advice regarding birth injury claims, and advice you on actions you could take to strengthen your claim.
You can contact an adviser now by:
- Calling 020 3870 4868
- Filling out our call-back request form
- Chatting with an advisor via live chat at the bottom of the page
- The Nurses and Midwifery Council could provide more information on determining the duty of care you may have been owed.
- The Erb’s Palsy Group has useful information for families and children dealing with the condition.
- Visit the Royal College of Obstetricians and Gynaecologists for further statistics on birth injuries.
- See our guide for more information on medical negligence claims.
- For details on how to report a doctor for medical negligence, our guide could help.
- If you need advice on medical negligence claims against the NHS, visit our guide.
Checked by AC