Quick answer
A poor birth outcome is not by itself proof of negligence. A claim needs expert evidence that maternity or neonatal care fell below the legally required standard and that this probably caused an avoidable injury. Claims for the mother and child must be analysed separately.
What this guide adds
This guide explains the mother/child distinction, the clinical timeline and causation evidence, and how future care needs shape a high-value birth injury claim.
Start with the timeline, not a label
Records may include antenatal notes, CTG traces, medication charts, escalation calls, theatre timing, cord gases, neonatal imaging and follow-up. The questions are what clinicians knew, what reasonable action was required, when it should have happened, and whether the outcome would probably have differed.
Potential issues that require expert review
- Failure to recognise or respond to fetal compromise
- Delay in escalation or delivery
- Management of shoulder dystocia or maternal haemorrhage
- Infection, medication or neonatal-care failures
- Failure to advise about material risks and reasonable alternatives
Mother and baby may have different claims
The injured mother’s physical or psychiatric loss is distinct from a child’s neurological, orthopaedic or other injury. Different experts, limitation questions and future-loss schedules may be needed.
Planning for a child’s lifetime needs
Where disability is serious, valuation can include therapies, care, case management, education, equipment, adapted accommodation, transport, Court of Protection-equivalent Scottish arrangements, earnings and pension loss. A multidisciplinary assessment is more reliable than a single headline figure.
Complaints, duty of candour and compensation
A complaint or NHS review may obtain explanations and service learning, but it does not determine civil negligence or award damages. Keep correspondence and records while pursuing the route that matches the desired outcome.
Authoritative sources
These primary sources support and contextualise this guide. They are not a substitute for advice on the facts of an individual case.
- NHS inform: pregnancy and birth — Official Scottish maternity and newborn health information.
- SCTS: clinical negligence court rules — Official rules for clinical-negligence actions in sheriff court.
- Prescription and Limitation (Scotland) Act 1973 — The statutory framework for limitation in Scottish personal injury actions.
Next useful steps
Read the Medical negligence claims, build an evidence checklist, and check the Scottish time-limit guide.
General information only. The applicable law, forum and deadline depend on the facts. Medical symptoms should be assessed by an appropriate healthcare professional.