Best Birth Injury Lawyers in Aberdeen

About Birth Injury Law in Aberdeen, United Kingdom

Birth injury law in Aberdeen sits within the Scottish legal system and deals with injuries to a baby or mother that may have occurred due to substandard medical care during pregnancy, labour, delivery, or the immediate postnatal period. Care in and around Aberdeen is typically provided by NHS Grampian or by private hospitals and clinicians. If standards fall below what a reasonably competent clinician would have provided and that shortfall causes injury, you may have a claim for medical negligence under Scots law. Claims can relate to issues such as delayed recognition of fetal distress, mismanagement of shoulder dystocia, failure to act on infection, complications from instrumental or caesarean delivery, hypoxic-ischemic injury leading to cerebral palsy, brachial plexus injuries, or significant maternal harm.

Scottish clinical negligence law uses well-established legal tests and procedures and provides for compensation to cover pain and suffering, care, therapies, specialist equipment, housing adaptations, and financial losses. Many families also use the NHS Scotland complaints process to seek answers and improvements to care alongside or before any legal claim.

Why You May Need a Lawyer

You may need a lawyer if you believe mistakes during pregnancy, labour, or delivery contributed to injury. A specialist solicitor can obtain and review medical records, instruct independent medical experts, and assess whether the care fell below the accepted professional standard and caused the harm.

Legal help is commonly needed where there are complex medical timelines, multiple clinicians involved, or disputed causation. High-value cases involving lifelong care needs require careful quantification of future costs, often with input from experts in care, therapy, accommodation, education, and assistive technology. A lawyer can also guide you through the NHS complaints process, help secure interim funding where appropriate, and protect time limits for court proceedings.

Where a child or mother has died, a lawyer can advise on fatal accident claims by relatives, inquests or investigations, and how any civil claim interacts with internal NHS reviews or the Scottish Public Services Ombudsman process.

Local Laws Overview

Standard of care and breach - In Scotland, whether a clinician was negligent is generally assessed using the Hunter v Hanley test. You must show that the clinician did not act in accordance with a practice accepted as proper by a responsible body of medical opinion and that this departure was one no ordinarily competent professional would have made.

Consent - The Supreme Court decision in Montgomery v Lanarkshire Health Board established that clinicians must take reasonable care to ensure patients are aware of material risks and reasonable alternatives. In a maternity context, this includes discussing options such as induction, vaginal birth, or caesarean section where risks are material to the patient.

Causation - You must prove that the breach of duty caused the injury on the balance of probabilities. This usually requires expert medical evidence assessing what would have happened with competent care.

Time limits - Most Scottish personal injury claims, including clinical negligence, are subject to a 3-year limitation period under the Prescription and Limitation Scotland Act 1973. For children, time generally does not run until their 16th birthday, giving them until age 19 to raise court proceedings. Time may also be paused while a person lacks legal capacity. Courts have a discretionary power under section 19A to allow a claim to proceed out of time where equitable, but you should not rely on this and should seek advice promptly.

Pre-action engagement - Scotland has a voluntary pre-action protocol for clinical negligence designed to encourage early exchange of information, expert input, and fair settlement where appropriate. Many cases resolve without court proceedings, but protective proceedings may still be needed to avoid time bar.

Who you sue - NHS boards like NHS Grampian are generally vicariously liable for their staff. Claims against private hospitals or independent practitioners proceed against those providers or their insurers.

Courts - Higher value and complex claims are often raised in the Court of Session in Edinburgh. Other cases can be brought in the local Sheriff Court. Expert evidence is central and case management timetables control the litigation.

Compensation - Damages may include solatium pain and suffering, past and future financial losses, medical and therapy costs, specialist equipment, accommodation and adaptations, education support, and case management. Additional claims for services provided by relatives can be made under the Administration of Justice Act 1982.

Funding - Legal aid is available in Scotland subject to tests on means and merits. Success fee agreements no win no fee are regulated by the Civil Litigation Expenses and Group Proceedings Scotland Act 2018 and related regulations. Caps commonly apply to success fees in personal injury, including clinical negligence, for example percentages that step down as damages increase. Your solicitor should explain funding options, caps, and any impact on damages in clear terms.

Frequently Asked Questions

What counts as a birth injury that might justify a legal claim

Potential claims arise where substandard care causes injury to the baby or mother. Examples include hypoxic-ischemic brain injury from delayed delivery, brachial plexus injury from mismanaged shoulder dystocia, untreated maternal infection, unmanaged pre-eclampsia, or surgical errors during caesarean section. Not every adverse outcome is negligent, so careful expert assessment is essential.

How long do I have to make a claim in Scotland

There is usually a 3-year limit to raise court proceedings from the date of the injury or the date you became aware that injury may have been caused by negligence. For children, the 3-year period usually starts at age 16, giving until age 19. If someone lacks capacity, time may be paused. Courts can extend time in limited circumstances under section 19A, but you should seek legal advice as early as possible.

Do I need to complain to the NHS before I start a claim

No, but it is often helpful. The NHS Scotland complaints process can provide explanations, apologies, and learning, and it may generate useful documents such as investigation reports or Significant Adverse Event Reviews. A complaint does not stop the legal time limit, so ensure any court deadline is protected.

How do I prove negligence in a birth injury case

Your solicitor will obtain full maternity and neonatal records, midwifery notes, CTG tracings, and imaging, then instruct independent experts in relevant specialties obstetrics, midwifery, neonatology, neuroradiology, paediatrics to assess breach of duty and causation. The legal tests are the Hunter v Hanley standard of professional care and whether any breach more likely than not caused the injury.

What compensation can be recovered

Damages can include solatium pain and suffering, past and future care, therapies physiotherapy, occupational therapy, speech and language, specialist equipment and technology, transport, accommodation adaptations or re-housing, educational support, loss of earnings or earning capacity, and associated expenses. Relatives can claim for services provided to the injured person. In fatal cases, relatives may claim under the Damages Scotland Act 2011.

Will my case go to court in Aberdeen

Many cases settle through the pre-action protocol or negotiation. If proceedings are needed, high-value or complex cases often go to the Court of Session in Edinburgh. Other claims may be raised in the Sheriff Court serving Aberdeen. Your solicitor will advise on venue and the process.

How are cases funded and what will it cost

Options include legal aid where eligible, success fee agreements no win no fee subject to statutory caps, legal expenses insurance, or private funding. A specialist solicitor should explain the likely costs, how expert reports are funded, and how any success fee cap applies to damages, before you commit.

What evidence should I keep

Keep all appointment letters, maternity hand-held notes if you have them, discharge summaries, neonatal notes, imaging discs, medication records, and a timeline of events. Retain receipts for out-of-pocket costs. For a child, keep records of therapies, education plans, assessments, and a diary of care needs and milestones.

Can I bring a claim on behalf of my child

Yes. A parent or guardian can act for a child as their representative and instruct solicitors. Once the child turns 16, they generally have capacity to instruct solicitors themselves and the 3-year limitation period typically runs from that age.

Can we get interim payments for urgent needs

Where liability is admitted or sufficiently clear, interim payments may be agreed to fund immediate care, equipment, or accommodation needs while the case continues. Your solicitor will press for interim funding where appropriate and proportionate to the likely final award.

Additional Resources

NHS Grampian - Information on maternity and neonatal services and how to give feedback or make a complaint.

Patient Advice and Support Service PASS - An independent service delivered by Citizens Advice Scotland that helps patients use the NHS complaints process and understand their rights.

Scottish Public Services Ombudsman SPSO - Independent final stage for complaints about NHS Scotland once local procedures are complete.

Law Society of Scotland - Find solicitors accredited or experienced in clinical negligence across Scotland.

Scottish Legal Aid Board - Information on eligibility and how legal aid works in clinical negligence cases.

Action against Medical Accidents AvMA - UK charity offering free advice on patient safety and clinical negligence concerns.

Cerebral Palsy Scotland - Support, therapy, and information for families affected by cerebral palsy.

Bliss - Charity for babies born premature or sick and their families.

Birth Trauma Association - Peer support for parents affected by birth trauma.

NHS Scotland Significant Adverse Event Review guidance - Explains how serious incidents are reviewed and how families can be involved.

Next Steps

Act promptly - Note key dates and seek early legal advice so that any 3-year court deadline is protected. Do not wait for the complaints process to finish before speaking to a solicitor.

Gather documents - Request your full maternity and neonatal records. In Scotland, you can make a subject access request to the relevant NHS board or private provider. Keep a timeline and list of witnesses present during key events.

Choose a specialist - Look for a solicitor experienced in Scottish clinical negligence and birth injury, ideally with access to a multidisciplinary expert panel and experience in high-value child injury cases.

Discuss funding - Ask about legal aid, success fee caps, and other funding options. Make sure you understand potential costs and any impact on damages.

Use the complaints process - Consider submitting an NHS complaint to seek explanations and improvements. Share outcomes and reports with your legal team.

Protect rehabilitation - Explore early support through your GP, health visitor, and local services. Your solicitor can signpost statutory support and, where possible, negotiate interim funding for urgent needs.

Review and decide - After initial expert screening on breach and causation, your solicitor will advise on prospects, next steps under the pre-action protocol, and whether to raise proceedings in the Sheriff Court or Court of Session.

Stay informed - Agree regular updates, key milestones, and decisions on settlement offers. Your legal team should explain each stage in clear, practical terms.