Types of Birth Injury Claims
Funding Birth Injury Claims — Legal Aid for Children
Birth injury claims involving children are one of the few remaining areas where legal aid is available. Unlike adult clinical negligence claims (which are usually funded by CFA/no win no fee), a child claimant with cerebral palsy or another serious birth injury can access legal aid through the Legal Aid Agency — meaning:
- There is no risk to the family's own financial position — legal aid covers the solicitor's costs and disbursements (expert fees) win or lose
- The solicitor does not take a success fee from the child's damages — the full compensation is preserved for the child's lifetime care
- Legal aid is means and merits tested — the solicitor assesses whether the case meets the Legal Aid Agency's criteria and applies on the child's behalf
- Maternal birth injury claims (where the mother is the claimant) are typically funded by CFA rather than legal aid, as legal aid is not available for adult clinical negligence claims (except in very limited circumstances)
Frequently Asked Questions
How do I know if my child's cerebral palsy was caused by a birth injury?
Not all cerebral palsy is caused by birth events — prematurity, antenatal infections, and genetic causes account for many cases. The evidence that points towards an intrapartum (birth-related) cause includes: a difficult labour with a pathological CTG trace; an emergency Caesarean section for fetal distress; low Apgar scores at birth and admission to NICU; a diagnosis of HIE on neonatal brain MRI; and cooling treatment in the neonatal period. A specialist solicitor obtains all maternity and neonatal records and instructs neonatologist and paediatric neurologist experts to assess whether the cerebral palsy was caused by avoidable birth events.
How much compensation can be awarded for cerebral palsy caused by negligence?
Birth injury claims involving cerebral palsy are among the highest-value medical negligence claims in England and Wales. Total compensation (all heads of loss combined) regularly exceeds £5 million and can reach £10–20 million or more for the most severely affected children. The largest heads of loss are: lifetime care costs (paid by Periodical Payments Order — annual care payments for life); accommodation and adaptation; specialist equipment and wheelchair provision; lost future earnings; and PSLA. The claim is valued for a lifetime — a child aged 3 at settlement will have a care claim extending potentially 75+ years.
Is legal aid available for birth injury claims?
Yes — legal aid is available for child claimants in clinical negligence cases involving a neurological condition caused by alleged negligent birth management, under the Clinical Negligence (Legal Aid) statutory provisions. Legal aid covers the solicitor's fees and expert disbursements. If the claim succeeds, the Legal Aid Agency is reimbursed from the damages — but the claimant keeps the full compensation package. A specialist solicitor assesses eligibility and applies for a legal aid certificate on the child's behalf at the outset.
What is a CTG and why is it important?
A cardiotocograph (CTG) is a continuous electronic recording of the baby's heart rate and the mother's uterine contractions during labour. The CTG is the primary tool for identifying signs of fetal distress — decelerations, reduced variability, prolonged bradycardia — that require escalation, intervention, or emergency delivery. NICE and RCOG guidance sets out the standards for CTG interpretation and escalation. Where a CTG showed signs of fetal distress that were not acted upon and the baby suffered brain injury as a result, the CTG trace is the central piece of evidence in the claim.
Can both the baby and the mother claim?
Yes — two separate claims arise. The child's claim (for their personal injuries, lifetime care, and future losses) is brought by the child, represented by parents as litigation friends, and typically funded by legal aid. The mother's claim (for any physical injuries from the delivery — perineal tears, fistulae, pelvic floor damage — and psychological harm including PTSD) is a separate personal injury claim typically funded by CFA. A specialist solicitor manages both claims simultaneously, maximising the total recovery for the family.