Birth Injury Claims
As birth injury lawyers we understand that this is a particularly distressing area of medical negligence. Often both mother and child are affected, sometimes with life-long damage. From the tragedy of stillbirth though to coping with long-term learning difficulties, the aftermath of medical negligence can have huge emotional as well as physical implications.
While we cannot make you or your baby better, by obtaining birth injury compensation for you from those responsible for your care during pregnancy and delivery we may be able to help fund support for your family’s future.
Your claim will also make those who have been negligent accountable, so that other parents may not have to go through the same terrible experience.
Whether your injuries occurred within the NHS system or a private healthcare provider, you may be assured to know that if you are awarded compensation, it is paid for by their liability insurance.
Frequently Asked Questions
How much can I claim for a birth injury?
The amount of compensation awarded in birth injury claims varies with each case depending on several factors. We will help you to claim General Damages for the pain and suffering caused, Special Damages for financial support to cover medical equipment and treatment, as well as loss of earnings if your ability to work is affected by your recovery or extra care your child may need.
How long do I have to claim for a birth injury?
Generally, if you wish to claim birth injury compensation for yourself following the birth of your child, you must start the legal proceedings within three years of the birth. You can bring a claim on behalf of your child at any point until they turn 21. If the child is not capable of bringing the claim beyond then, the time limit does not apply during their incapacity.
What are the main causes of birth injuries?
Birth injuries tend to be the result of medical negligence on the part of members of the medical profession, such as doctors, midwives, surgeons or consultants. Often this may be failure to monitor the progress of the pregnancy properly from early screening through to labour itself. Signs of dangerous medical conditions can be missed, or inappropriate medication given which can result in serious injury to mother and/or baby.
What are the types of birth injuries to mothers?
Birth injury compensation for mothers has been awarded for mistakes in administering anaesthetic, injuries caused during Caesarean section procedures, infections from poor suturing of episiotomies, failure to promptly identify pre-eclampsia, improper use of forceps or vacuum during delivery, problems with the placenta, and nervous shock.
What are the types of birth injuries to babies?
Unfortunately, some babies are injured during delivery and shortly afterwards. Cerebral palsy claims are among the cases we encounter, where the baby’s brain is damaged due to lack of oxygen caused by cord compression or prolapse. Shoulder dystocia, fractured bones and nerve damage also feature as the result of medical negligence during labour. Group B Streptoccus (GBS) causes severe infection in new-born babies, with long term complications if not treated correctly. Other conditions such as jaundice or hypoglycaemia, when the baby does not feed properly, can develop in the hours and first few days after birth if medical staff are not diligent in watching for symptoms.
How to claim
If you or your baby have been injured as a result of medical negligence, tell us about the circumstances of your injury and we can tell you whether or not you might be successful in making a claim for personal injury compensation. If we think that you are, we will gather together the evidence to support your case and present it professionally for legal judgement to help you get the financial recompense you deserve.
Call now on 01756 799977 for an informal chat.
No Win No Fee
Our ‘no win no fee’ arrangements mean that you don’t have to find money to cover your own legal expenses in advance. If you are not successful in your claim then we will not charge you for our time.