Birth Injury Claim
As specialist Solicitors for Birth Injury Claims, we understand the impact such injuries can have on your family.
We have extensive experience in handling compensation claims for victims of medical negligence, and we are committed to providing you with the legal guidance and support you need to seek justice.
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The birth of a child is one of the most joyous events in a parent’s life. However, if your child has suffered a birth injury due to medical negligence, it can be devastating.
Birth injuries can have long-term effects on your child’s health, development, and quality of life. In some cases, you may be entitled to compensation.
What is a birth injury claim?
A birth injury compensation claim is a legal claim for damages brought by a parent or guardian on behalf of a child who has suffered harm during childbirth due to medical negligence. The aim of the claim is to compensate the child for the physical, emotional, and financial losses they have suffered as a result of the negligence.
You can claim for compensation for a brain injury caused by medical negligence / mistakes by Doctors or other medical staff during or after birth.
Common causes of birth injuries
Birth injuries can arise due to various types of medical negligence, including:
- Failure to identify and respond to foetal distress
- Misuse of forceps or other birthing instruments
- Failure to monitor the baby’s heart rate during labour and delivery
- Delayed or inappropriate delivery, such as a caesarean section
- Mismanagement of complications during delivery
What injuries can I claim for?
Birth injury claims include:
- Cerebral Palsy
- Stillbirth
- Erb’s Palsy
- Broken bones
- Lack of oxygen
How long do I have to bring a claim?
You have up to your child’s 21st birthday to bring a claim, unless your child has passed aware as a result of the brain injury when you have up to 3 years from their date of death.
What can I claim for?
As part of the claim, we will look to claim for the following:
- Private medical treatment for your child
- Rehabilitation
- Full or part-time care
- Specialist equipment
- Transport
- Loss of earnings and Pension loss for your child for what they could have earned had they not have suffered from an injury at birth
- Educational or vocational needs for your child
The above list of not exhaustive.
Our experts have the knowledge and experience to ensure that you and your child receive the maximum compensation possible for every aspect of the claim.
Having expertise in specialist claims such as injury at birth claims is extremely important so that your solicitors know exactly what you can claim for, that you may not realise yourself.
They can also use their skills to help predict the future needs for your child and ensure that they are also factored into any claim.
How much compensation will I/my child receive?
Depending on the level of the injury and the impact of the injury and support required as a result, compensation can vary up to several million pounds.
Compensation can also be awarded for loss of earnings as well as adaptations to the home that may be required due to the long-term effects of the negligence alongside long-term care and rehabilitation to aid claimants throughout the recovery process where applicable.
Further to this, within your compensation claim, we will request that future care costs, loss of earnings and future medical treatment is considered when deciding how much will be awarded.
In the event that you are making a claim in relation to a Stillbirth, the NHS should carry out a review to explore the cause of the Stillbirth. Meaning in most cases an inquest will not be required. However, there are instances where a review is not conducted, or the review is not satisfactory which may lead to an inquest into the Stillbirth.
Medical professionals are required to conduct regular checks on the baby’s condition during Antenatal Care and results should be carefully considered.
Failure to do so constitutes medical negligence.
The tests conducted during pregnancy should monitor, movement and growth of the baby, fluid around the baby and the mother’s health.
How Our Solicitors Work to Help You
To find out whether you have grounds for a birth injury claim, we offer a free initial consultation with one of our expert solicitors. Once we have that established, we will be able to proceed with your claim.
If we advise you that you may have a claim, we will offer a no-win, no-fee agreement. No-win no-fee means that you won’t have to pay anything upfront or if your claim is unsuccessful*.
Throughout the claim process, we will ensure you always have the right independent medical experts consulting with you on your claim.
We will also work with specialist barristers who, together with us, will make up your specialist team.
Our team will help you win your medical negligence claim with minimal stress and disruption so that you can focus on getting your life back on track.
We understand it may not be possible to meet face to face with us so we offer free consultations via Skype, Facetime or any other preferred method. We can also arrange a home visit.
* Subject to entering into a No Win No Fee agreement in conjunction with an After the Event insurance policy and complying with your responsibilities under its terms.
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