Can you claim for negligence during childbirth?

Question

José Manuel Alburquerque · Accepted Answer

Yes. Both the mother and the baby can claim, each for their own harm, if the birth was not managed in line with good practice and this caused the injuries. The most common cases include injuries caused by poor technique in delivering the baby and delays in detecting that the baby is in distress or in performing a caesarean, which can leave the baby without enough oxygen. A claim can also be made if the mother was not properly informed of the risks of the chosen method of delivery and of its alternatives. For the baby, the time limit does not start to run until the diagnosis is certain and the extent of the after-effects is known, which may be years after the birth. The most common cases Failure to monitor the baby's wellbeing or a misreading of the monitoring trace, with a delay in performing the caesarean. Lack of oxygen can cause serious brain injuries, such as cerebral palsy. Shoulder dystocia, when one of the baby's shoulders gets stuck during delivery. If it is not handled properly, it can injure the nerves in the arm. Poor technique with forceps or ventouse. Lack of information. In March 2026, the “Tribunal Supremo”, Spain's Supreme Court, awarded compensation to a mother who had had a previous caesarean and to her daughter, although there had been no technical error, because the mother had not been properly told about the risk of uterine rupture in a vaginal birth or about the alternative of another caesarean. It awarded them 20 % of the total harm. Brain injuries to a baby give rise to the highest compensation awards, which can reach several million euros, because they include help from another person and lifelong care. Non-pecuniary damage (distress) suffered by family members who have to devote themselves to caring for the child is also compensated. The time limit With neurological injuries, obtaining a definite diagnosis and knowing the extent of the after-effects can take years. Reports that refer to a “possible” or “probable” diagnosis do not start the time limit running. Whoever argues that it has already expired must prove when it began. Doubts are not resolved against the child. In February 2026, the Supreme Court held that a claim made in 2017 for a birth in 2005 had been brought in time. Being a minor does not stop the time limit running while the parents represent the child, so do not wait until the child comes of age. If the birth took place in a public hospital, the claim is made to the public authorities within one year of learning the extent of the after-effects. In private healthcare the time limit is generally three years in Catalonia and one year elsewhere. The prudent course is to make a written claim as soon as there are suspicions, because this interrupts the time limit and the claim can be expanded later. The mother has her own time limit, which usually starts earlier. The evidence Ask as soon as possible for a full copy of the birth records, including these documents: The labour record and the partogram, the chart on which the progress of labour is recorded. The monitoring trace, which records the baby's heartbeat and the contractions. The anaesthetic record and the reports on the newborn baby. In Catalonia only some documents are kept for fifteen years and the rest may be destroyed five years after discharge, so do not wait until all the after-effects are known before requesting them. With them, an expert obstetrician will be able to say whether there was an error and whether it caused the injuries. Before bringing civil proceedings, you must try to reach an agreement, as the law has required since 2025.