Best Birth Injury Lawyers in Aberdeen

About Birth Injury Law in Aberdeen, United Kingdom

Birth injury claims in Aberdeen fall under Scottish clinical negligence law. A birth injury can involve harm to a baby or to a mother during pregnancy, labour, delivery, or immediately after birth. Examples include hypoxic ischaemic encephalopathy, cerebral palsy linked to oxygen deprivation, shoulder dystocia and Erb’s palsy, skull or clavicle fractures, untreated jaundice, infections, medication errors, delays in performing a caesarean section, and severe maternal tears or haemorrhage. Claims may be brought against NHS providers within NHS Grampian or against private hospitals and individual clinicians.

To succeed in a Scottish medical negligence claim, you must prove both breach of duty and causation. Breach of duty in Scotland is assessed using the Hunter v Hanley test, which asks whether no ordinarily competent professional, acting with ordinary skill and care, would have done what was done. Causation asks whether the injury would have been avoided but for the negligent act or omission. Expert medical evidence is essential on both issues.

If negligence is proven, compensation aims to meet lifelong needs. Damages can include solatium for pain and suffering, past and future care and therapies, specialist equipment, accommodation and adaptations, education and case management, loss of earnings or earning capacity, and services claims for care given by relatives under the Administration of Justice Act 1982. In serious child injury cases, settlements are carefully structured to safeguard long term support, often with input from financial and trust advisers.

Why You May Need a Lawyer

Birth injury cases are complex, evidence heavy, and expert led. A specialist solicitor can help you to:

- Investigate what happened by obtaining and reviewing medical records, CTG traces, imaging, and policies, and by instructing independent experts in obstetrics, midwifery, neonatology, paediatric neurology, neuroradiology, genetics, and rehabilitation.

- Identify whether the care fell below the Hunter v Hanley standard and whether this caused the injury.

- Navigate the NHS Scotland complaints process and engage with NHS Grampian and its indemnity scheme, CNORIS, under the voluntary clinical negligence pre-action protocol.

- Protect strict time limits, issue proceedings in the correct Scottish court, and preserve evidence.

- Secure early interim payments where liability is admitted or likely, so that urgent care, therapies, and equipment can be funded.

- Value the full lifetime impact, including complex future care and accommodation costs, and set up a personal injury trust or other protections for the child’s award.

- Agree appropriate settlement terms, including provisions for reviews and in some cases periodical payments by agreement.

- Manage expenses risk using Scottish legal aid where eligible, or success fee agreements under Scottish rules, and take advantage of Qualified One Way Costs Shifting protections.

Local Laws Overview

Jurisdiction and courts in Scotland: Birth injury claims arising in Aberdeen are usually raised in the Sheriff Court or the Court of Session in Edinburgh. Complex and high value claims are commonly litigated in the Court of Session. The national Sheriff Personal Injury Court in Edinburgh also hears many personal injury actions. Your solicitor will advise on the most suitable forum.

Standard of care: In Scotland, the Hunter v Hanley test applies to professional negligence. You must show that the clinician acted in a way no ordinarily competent professional would have done, that there is no responsible body of opinion supporting that practice, and that this caused the harm. For consent, the Supreme Court decision in Montgomery v Lanarkshire Health Board confirmed a patient focused duty to discuss material risks and reasonable alternatives. This is highly relevant to decisions about induction, VBAC, instrumental delivery, and caesarean section.

Causation: You must prove on the balance of probabilities that negligence caused the injury. The court applies the but for test and considers whether negligent delays or errors materially contributed to the outcome. Expert evidence is critical.

Time limits: Under the Prescription and Limitation Scotland Act 1973, most birth injury claims must be raised within 3 years of the injury or of date of knowledge. For a child’s own claim, the 3 year period generally runs from the child’s 16th birthday, so up to the 19th birthday. For the mother’s claim, time runs from the date of injury or knowledge. The court has a discretion under section 19A to allow late claims in the interests of justice, but you should not rely on this. Seek advice as early as possible.

Pre-action protocol: Scotland has a voluntary pre-action protocol for clinical negligence to encourage early exchange of information and expert views. It usually involves a detailed letter of claim, disclosure of records and key documents, and a reasoned response on liability. Timetables are agreed between parties, often over several months given the need for expert input.

Funding and expenses: Legal aid for clinical negligence is administered by the Scottish Legal Aid Board and may be available subject to financial eligibility and merits. Many solicitors also offer success fee agreements under the Civil Litigation Expenses and Group Proceedings Scotland Act 2018. Qualified One Way Costs Shifting now applies in Scottish personal injury actions, including clinical negligence, meaning pursuers are generally protected from paying defenders’ expenses if the case is lost, subject to defined exceptions such as fraud or unreasonable conduct.

Evidence and records: You can request medical records through a subject access request under UK GDPR and the Data Protection Act 2018. NHS providers usually have one month to respond. Maternity and neonatal records are typically retained for long periods under NHS Scotland retention schedules. Keep a contemporaneous diary of symptoms, discussions, and impacts, and preserve all relevant communications and photographs.

Damages assessment: Scottish courts assess solatium separately from financial losses. Services claims can be made for care provided to and by relatives. Settlements may include lump sums and, by agreement, periodical payments in appropriate cases. For children lacking capacity in adulthood, funds are often managed through a personal injury trust or by an appointed guardian under the Adults with Incapacity Scotland Act.

Public bodies and indemnity: NHS Grampian is indemnified by CNORIS, which handles claims. Complaints follow the NHS Scotland two stage process and may be reviewed by the Scottish Public Services Ombudsman if unresolved.

Frequently Asked Questions

What counts as a birth injury in law?

Any harm to a mother or baby caused by negligent medical care in pregnancy, labour, delivery, or the neonatal period can be a birth injury. Examples include avoidable oxygen deprivation, delays in escalating to caesarean section, mismanagement of shoulder dystocia, untreated infections, medication errors, or failures to obtain informed consent.

How do I prove negligence in Scotland?

You need expert medical evidence to satisfy the Hunter v Hanley test on breach of duty and to show causation on the balance of probabilities. Your solicitor will obtain and analyse records and instruct independent experts to assess whether care fell below the standard of an ordinarily competent clinician and whether that caused the harm.

What are the time limits to start a claim?

Generally 3 years from the incident or date of knowledge. For a child’s claim, the clock usually runs from the 16th birthday, giving up to age 19. Mothers have 3 years from injury or knowledge. The court can allow late claims under section 19A in limited circumstances, but you should seek advice promptly.

Do I have to complain to the NHS first?

No, a complaint is not legally required to bring a claim, but it can provide answers and prompt improvements. In Scotland the NHS has a two stage process with local resolution and investigation, and unresolved complaints can go to the Scottish Public Services Ombudsman. A solicitor can guide you on timing so the complaint does not jeopardise court deadlines.

Will my case go to court?

Many cases settle after pre-action investigations and expert exchanges. If liability is disputed or time is short, court proceedings may be necessary. Complex and high value claims are often raised in the Court of Session. Even after raising a court action, settlement remains possible at any time.

What compensation can be recovered?

Damages can cover solatium for pain and suffering, past and future care and therapies, specialist equipment, accommodation and home adaptations, educational support, transport, case management, and loss of earnings. Family members may have services claims for the care they provide. In severe child injury cases, awards can be significant to fund lifelong needs.

How are the child’s funds protected?

Settlements for children are carefully managed. Courts often require approval of settlement terms. Funds may be placed in a personal injury trust, and if the young person lacks capacity in adulthood, a guardian may be appointed under the Adults with Incapacity Scotland Act to manage finances in their best interests.

How are legal costs handled?

Funding options include Scottish legal aid for eligible cases, success fee agreements, and after the event insurance. Qualified One Way Costs Shifting in Scotland generally protects pursuers from paying the defender’s costs if the case is lost, subject to exceptions. Your solicitor will explain the options and likely costs at the outset.

Can I claim for failures in consent about delivery choices?

Yes. Following Montgomery v Lanarkshire Health Board, clinicians must discuss material risks and reasonable alternatives that a reasonable patient in your position would want to know about. If you were not properly informed and harm resulted, you may have a claim.

How long will a birth injury claim take?

Timeframes vary with complexity. Gathering records, obtaining expert evidence, and engaging under the pre-action protocol can take many months. Serious cases with multiple experts often take several years, particularly where a child’s long term prognosis must be assessed before final valuation. Interim payments may be sought to fund urgent needs once liability is established.

Additional Resources

NHS Grampian Patient Advice and Support Service via local Citizens Advice bureaux. Provides free help with NHS concerns, complaints, and navigating services.

Scottish Public Services Ombudsman. Independent final stage for complaints about NHS Scotland if you remain dissatisfied after local resolution.

Law Society of Scotland. Find solicitors and accredited specialists in medical negligence and personal injury. Offers guidance on choosing a solicitor.

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

Action against Medical Accidents AvMA. UK charity providing independent information and a helpline about medical accidents and patient safety.

Birthrights. Charity focusing on maternity rights, consent, and respectful care during pregnancy and childbirth.

Healthcare Improvement Scotland. National body that supports and inspects quality and safety in healthcare across Scotland.

CNORIS Clinical Negligence and Other Risks Indemnity Scheme. The indemnity scheme for NHS Scotland boards, including NHS Grampian.

Aberdeen Sheriff Court and Justice of the Peace Court. Local court venue for many civil actions in the region.

Citizens Advice Scotland. Free, confidential advice on complaints, benefits, debt, and practical support for families affected by injury.

Next Steps

1 - Record what happened. Write a clear timeline of pregnancy, labour, and postnatal events. Keep appointment letters, birth notes, discharge summaries, and any communications. Save photos and messages that may be relevant.

2 - Request medical records. Make a subject access request to the hospital and GP for maternity and neonatal records, CTG traces, observation charts, and imaging. Hospitals should respond within one month.

3 - Consider an NHS complaint. If you want an explanation, use the NHS Scotland two stage process. A solicitor can help you frame issues without undermining your legal position.

4 - Speak to a specialist solicitor. Choose a firm experienced in Scottish birth injury claims. Ask about Law Society of Scotland accreditation in medical negligence, APIL membership, recent track record, and funding options, including legal aid and success fee agreements.

5 - Protect time limits. Do not delay. The 3 year limit can be complex where knowledge arises later, and different limits apply to the child and the mother. Your solicitor will preserve your position and issue proceedings if needed.

6 - Get early support. Ask about interim payments if liability is admitted, and begin arranging therapies, case management, and benefits. Your legal team can signpost statutory and charitable support in Aberdeen and the wider north east of Scotland.

7 - Plan for the future. Discuss financial safeguarding such as personal injury trusts, housing needs, education, and long term care. Ensure settlement terms meet your child’s lifelong requirements and include review mechanisms where appropriate.

This guide provides general information about Scottish birth injury claims. Always seek tailored advice from a solicitor qualified in Scotland about your specific circumstances.