Birth Injury Claims — Imperial College Healthcare NHS Trust

Birth injury claims arise when medical negligence during pregnancy, labour, or delivery causes harm to a newborn or mother. These claims cover a wide range of injuries beyond cerebral palsy, including Erb's palsy (brachial plexus nerve damage), maternal perineal tears, post-partum haemorrhage, and injuries from improper use of forceps or ventouse.

Erb's palsy occurs when excessive traction during a difficult delivery damages the nerves in the baby's shoulder, causing weakness or paralysis of the arm. Risk factors include large babies, maternal diabetes, and shoulder dystocia that was not managed with appropriate techniques.

Maternal birth injuries include severe third and fourth degree perineal tears that were not properly identified or repaired, pre-eclampsia mismanagement, and unnecessary or negligently performed caesarean sections. Failed sterilisation claims also fall into this category.

Claims on behalf of a child can be brought at any time before their 21st birthday. Erb's palsy settlements range from £10,000 to £2 million depending on severity. Maternal injury claims typically settle for £20,000 to £500,000.