Birth injury claims

We have extensive knowledge and expertise in all types of mother and child birth injury claims. From claims where the child has been diagnosed with cerebral palsy to those where damage has been caused to mother or child by instrumental deliveries.

With an appreciation of how life changing these often very complex claims can be, we can assist you through the process from beginning to end.

We are recognised for our specialism in this area by both the Law Society of Scotland and the Association for Personal Injury Lawyers. Birth injury claims can have a serious impact on the family, putting a strain on work, quality of life and relationships. We are experts in getting compensation to facilitate the support and care that is needed.

How to prove medical negligence

It is not enough for there to have been simple error or mistake. We must prove that there have been failures during the course of labour and/or delivery which no ordinarily competent obstetrician or midwife would have made if acting with ordinary skill and care. We must then prove that these failures caused the injuries suffered by you and/or child.

How we investigate your claim

We will take full details of what happened, where it took place, and when.  We will then obtain you and your child’s medical records and instruct an appropriately qualified medical expert. This expert will then review the medical records and prepare a report addressing the test for medical negligence. We have an excellent working relationship with medical professionals in a wide variety of disciplines to assist us.

There are legal rules about the timescale for making a legal claim. In terms of Scots law, the clock starts running from the date of the negligence taking place. If you are aged over 16 at the time of negligence, you have three years to raise a claim in court. The position involving injury to a child is different. A child generally has three years from their sixteenth birthday to commence a claim. The courts apply these time limits strictly but will make exceptions in some cases.

Funding your child's medical negligence claim or your claim

We offer a range of funding options, including Legal Aid in certain circumstances, which we can discuss with you.

Case study 1

A child developed severe cerebral palsy after negligent midwifery care led to a hypoxic brain injury. The severity of her injuries meant that she would need lifelong care and support. We instructed leading experts and secured an admission of liability on the part of the Health Board. The claim settled for a substantial sum and a Periodical Payment Agreement was negotiated which meant that the child would have financial security for life. A Personal Injury Trust was set up by our Private Client team to protect her finances and our Property team purchased a house which was suitable for her needs.

Case study 2

We are instructed in a number of cases involving perineal injuries in mothers following childbirth. These cases relate to delays in diagnosis of the injury and misdiagnosis or mistakes in the classifications of injuries, leading to incorrect treatment. We work with top experts, including midwives, obstetricians, urologists, urogynaecologists and colorectal surgeons to ensure every aspect is fully investigated by specialist experts.

Call our medical negligence team directly on 0131 200 1358.

Let us help you

Contact us to find out what we can do to help