Birth Injury and HIE Litigation UK

Welcome to my site, Birth Litigation UK.

Having a child with a birth injury is a devastating experience for parents and the wider family. I know about the experience first hand and have met with, talked to, and corresponded with families whose children are disabled for various reasons. My aim is to support and help families going through litigation.  Birth Injury Litigation is simply a user friendly website for parents seeking truth and justice.

Who is this site for?

I’m not a solicitor and cannot advise on individual cases, but I’ve compiled a parent-focused guide to the legal and medical jargon that often appear in birth injury litigation.  This Website is only applicable to England and Wales because devolved governments may have slightly different laws, especially Scotland.  I have used reputable sites to gain insight, including court papers, NHS websites, articles from top legal firms, organisations dealing with medical negligence, Government departments and established charities.

It may be useful for anyone who wants to understand the process before speaking with a qualified solicitor.

Wondering whether something went wrong during pregnancy, labour or shortly after birth?

It can be difficult to know where to start, especially when the information is full of legal and medical terminology. I’ve put together a plain-English starting guide for parents in England and Wales.

It explains the early questions to consider, what information may matter and where to seek proper professional advice.

Taking the first step

Many parents feel conflicted about bringing a claim against the NHS, particularly when they also received compassionate care, however, the money used to care for injured children comes from an insurance fund and not from individual NHS trusts. All hospital trusts in England contribute to a central fund called the Clinical Negligence Scheme for Trusts, administered by NHS Resolution.  It does not come directly from hospital’s budgets.  

Seeking answers is not the same as blaming every healthcare professional involved. A legal process may also help establish what happened, identify unmet needs and secure appropriate support for a child.  

There is also the matter of preventing these injuries from happening. If we all stayed silent, or are silenced, these mistakes would happen again and again, so no lessons would ever be learned.  The endless depressing Maternity Reviews point again and again at maternity failings, yet so few lessons are genuinely learned. 

Confused by terminology?

Terms such as HIE, causation, liability, quantum and interim payments can feel overwhelming when you are already caring for a disabled child.

I’m building a plain-English glossary for parents navigating birth injury litigation. Save it for later or share it with someone who may find it useful.

Seeking support and practical help?

Birth injury litigation is only one part of the journey. Parents may also need help understanding therapies, equipment, case managers, deputies and practical support.

I’ve collected information and resources in one place for families, mainly in England and Wales. 

Birth injury litigation is a gruelling and exhausting process, one that adds insult to injury.  Seeking support and guidance helps navigate the process.  

The Medico-Legal Director of the Charity Action against Medical Accidents (AvMA) has been kind enough to offer advice and guidance in putting together a dedicated page showing the Charity’s  services.  They offer free professional advice to claimants with caseworker support if necessary.  I recommend using their service.  This can be found in my ‘Overview’ section.