Was Your Baby Harmed During Birth? You Could Be Owed Substantial Compensation.
The birth of a child should be the happiest moment of your life. When negligent care during labour and delivery causes injury to your baby — or to you as a mother — the consequences can be life-changing. Brain injuries, Erb’s palsy, and other birth injuries caused by medical mistakes are among the most devastating clinical negligence cases we handle.
Scottish Claims Helpline handles birth injury claims against NHS Scotland on a no win no fee basis. There is no financial risk to you — you pay nothing unless your claim succeeds. Compensation funds the care and support your child needs.
How Much Could You Receive?
Birth injury compensation depends on the type and severity of injury:
| Injury Type | Typical Award |
|---|
| Erb’s palsy — full recovery | £20,000 - £80,000 |
| Erb’s palsy — permanent disability | £80,000 - £200,000 |
| Moderate HIE — developmental delays | £200,000 - £1,000,000 |
| Severe HIE / cerebral palsy — lifetime care | £1,000,000 - £20,000,000+ |
| Maternal injuries (tears, organ damage) | £10,000 - £150,000+ |
Based on Judicial College Guidelines and Scottish case law. Figures include general damages only.
That’s not all. The majority of birth injury compensation covers lifetime care costs — specialist accommodation, 24-hour carers, physiotherapy, speech therapy, equipment, lost earnings capacity and education support. In severe cerebral palsy cases, these costs alone can exceed £15 million. Interim payments can be arranged to fund immediate care needs while the claim proceeds.
Who Can Claim?
A parent or guardian can bring a claim on behalf of an injured child at any time before the child turns 16. The child then has until age 19 to bring a claim themselves. Claims for maternal injuries follow the standard 3-year knowledge date rule. Claims are brought against the NHS Health Board responsible for the maternity unit. If your child suffered a brain injury, Erb’s palsy, fractures, or other harm during labour and delivery that you believe was caused by substandard care, contact us for a free assessment.
Birth Injury Claims — Frequently Asked Questions
Birth injury compensation varies enormously. Erb’s palsy with full recovery: £20,000-£80,000. Erb’s palsy with permanent disability: £80,000-£200,000. HIE causing cerebral palsy: £1 million to £20 million+ when lifetime care costs are included.
For injury to the mother: 3 years from the date of knowledge. For injury to the child: the child has until their 19th birthday (3 years from their 16th birthday) under the Prescription and Limitation (Scotland) Act 1973. A parent or guardian can bring a claim on the child’s behalf at any time before they turn 16.
Common examples include failure to monitor foetal distress, delayed emergency caesarean section, excessive use of forceps or ventouse, failure to act on abnormal CTG traces, mismanagement of shoulder dystocia causing Erb’s palsy, and failure to treat neonatal jaundice or infection promptly.
Yes. A parent or guardian can bring a claim on behalf of a child. The claim is in the child’s name and any compensation is held in trust for the child. Claims can also be brought separately for injuries to the mother during labour and delivery.
Birth injury claims are among the most complex clinical negligence cases and typically take 2-5 years to resolve. Interim payments can be obtained to fund immediate care needs while the claim proceeds.
Cerebral palsy caused by negligence during labour (typically oxygen deprivation) can result in multi-million pound claims. Awards cover lifetime care, accommodation, equipment, therapy, lost earnings capacity and pain and suffering. See our dedicated cerebral palsy claims page.
How Do I Start My Claim?
It takes 2 minutes. Fill in our short form and one of our specialist Scottish solicitors will call you back at a time that suits. They will listen to what happened, tell you straight away if you have a claim, and explain exactly how much you could receive — all completely free and with no obligation. You pay nothing unless you win.
About this page: Written by the Scottish Claims Helpline editorial team. Reviewed by a qualified Scottish solicitor. Last reviewed February 2026. Scottish Claims Helpline is authorised and regulated by the Financial Conduct Authority (
FRN 830381).