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Birth Injury Claims – Legal Advice You Can Trust

If your baby or you have suffered a birth injury due to medical negligence, Whelan Law is here to help. We support families through complex, emotional cases with compassion and legal expertise — ensuring you understand your rights and secure the compensation you deserve.

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What Qualifies as a Personal Injury Claim?

Understanding Birth Injury and Medical Negligence

Birth injuries refer to physical or neurological harm caused during pregnancy, labour, delivery or shortly after birth. While some injuries may be unavoidable or linked to natural birth complications, others result from medical negligence — including poor monitoring, delayed intervention, or improper use of medical instruments.

Common causes of avoidable birth injury include

  • Failure to detect or respond to foetal distress

  • Delayed decision to perform a caesarean section

  • Incorrect use of forceps or vacuum extractors

  • Mismanagement of umbilical cord complications

  • Inadequate care during high-risk pregnancies

Types of Birth Injury

Examples of Injuries That May Result from Negligence

  • Cerebral palsy due to lack of oxygen during birth

  • Erb’s palsy (nerve damage to the shoulder/arm)

  • Skull fractures or brain bleeds

  • Hip dysplasia or broken bones during delivery

  • Perineal tearing or trauma to the mother due to poor delivery techniques

  • Sepsis or infections due to poor hygiene or monitoring

The Impact of Birth Injury on Families

A Life-Altering Experience

The effects of a birth injury can be profound — emotionally, financially and physically. Some babies will need lifelong care, specialised equipment, home modifications, or therapy. In some cases, mothers also suffer long-term complications.


We understand how devastating this time can be. Our legal team handles every case with empathy, privacy, and clear communication — helping you regain control and plan for the future.

Do I Have a Claim?

When Can a Birth Injury Be Considered Medical Negligence?

We will work with experienced medical experts and legal counsel to assess whether your case meets the legal threshold for medical negligence and help you gather the evidence required to move forward. You may have a birth injury claim if:

Medical Procedures

There was a failure to follow standard medical procedures during pregnancy or delivery

Warning Signs ignored

Warning signs of foetal distress were missed or ignored

Preventable

The injury was preventable with appropriate care

Why Choose Whelan Law

Decades of Experience in Medical Negligence Cases

Whelan Law has over 80 years of experience representing families in complex medical negligence claims. We:

01

Experienced Professionals

Work with leading paediatric and obstetric experts

02

Clear Communication

Provide a supportive, clear process from start to finish

03

Effective Resolution

Focus on achieving long-term security for your family’s needs

04

Track Record

Have a track record in high-value, sensitive birth trauma claims

Birth Injury Claim FAQs

Speak to a Birth Injury Solicitor Today

If you suspect a birth injury was caused by medical negligence, don’t wait. Our team is ready to provide straightforward, compassionate legal advice.