Injuries during birth: no win, no fee legal advice
When things go wrong during pregnancy or birth it can often lead to serious injuries for both mother and baby.
Unfortunately, we deal with an increasing number of birthing and obstetric claims where an injury could have been avoided or detected earlier. We also help patients who undergo treatment during birth without informed consent. It is the duty of doctors to inform patients of every risk involved, and they cannot perform procedures that interfere with bodily integrity, for example a caesarean, without a patient being informed. There are some instances where patients are not made aware of the risk factors, and instead consent to treatment that can leave them in devastating situations.
Read below for more information and frequently asked questions regarding birth trauma compensation.
What are the types of birth injuries?
There are many different types of birth injuries that can be sustained by both mother and baby. See the sections below for more information.
We also have cases where there is negligence in the immediate neonatal period, for example where there has been hypoglycaemia (low glucose due to difficulty feeding) and Kernicterus (jaundice), and brain damage can be caused.
Claims for birth injuries to mothers
Sadly, many birth injuries suffered by mothers are the result of medical negligence during pregnancy. Here list of common complications:
- perineal tears
- ruptured placenta
- inadequate stitching
- maternal infections
- failure to diagnose serious antenatal issues such as pre-eclampsia and obstetric cholestasis
- failure to recognise when a baby has stopped growing
- problems following caesarean sections
- problems following forceps or ventouse delivery
- failure to offer amniocentesis and subsequent birth of a Downs Syndrome child
- bladder, bowel or ureter injury (uterine rupture) during a gynaecological procedure
Birth claims for injuries to baby
Babies can also suffer as a result of insufficient care during pregnancy and even medical negligence during childbirth.
What physical injuries can babies suffer during birth?
- cerebral palsy
- damage to the brain due to oxygen deprivation, cord prolapse or cord compression
- skull fractures
- Klumpke’s Palsy
- brain damage
- Erb’s Palsy
- undiagnosed infection
- shoulder dystocia
- negligent interpretation of CTG scans resulting in difficulties
- Persistent Pulmonary Hypertension of the Newborn (PPHN)
If you think that you had a difficult or badly-handled labour and delivery, or you are not happy with the antenatal care you received, or if you or your baby have one of the injuries listed above, you may be eligible to bring a claim. Call us on 0808 164 0808 to discuss birth and labour compensation claims with our birth injury solicitors.
Pregnancy negligence and birthing claims frequently asked questions
We’ve listed some of the common questions surrounding birth injury compensation claims below. If you wish to discuss a matter further, don’t hesitate to get in touch with our specialist birth lawyers today on 0808 164 0808. Or, you can request a call back and we will call you.
How common are birth injuries?
According to national statistics, around 30,000 women per year experience birth trauma in the UK. This may not always result in an injury, but can be scenarios where emergency surgery is required due to a low heartbeat from the baby, or equally a medical emergency suffered by the mother.
Birth injuries can be caused by a number of factors such as:
- the use of devices such as forceps to aid a difficult birth
- the baby is born prematurely
- delay in delivery
- the baby is breech
- the baby is large (usually common with diabetic mothers)
- the mother is overweight
- the mother’s birth canal is too small
Failure to administer medical care appropriately can result in medical negligence during pregnancy or medical negligence during birth.
It’s important to seek medical advice at every opportunity during pregnancy. Also, don’t be afraid to get a second opinion. It’s the duty of medical professionals to ensure you and your baby endure as little harm as possible during pregnancy and childbirth.
If you feel let down by a medical professional and as a result you or your baby have suffered a birth injury, call our childbirth injury lawyers today on 0808 164 0808.
How can birth injury lawyers help?
Our specialist childbirth injury lawyers will be able to discern whether yours or your baby’s injury is a result of medical negligence, by going through medical records and consulting with forensics teams if necessary.
We are members of the Action against Medical Accidents (AvMA) organisation and have years of experience handling birth negligence claims, whether it’s the mother who has suffered, the baby, or both. We also help with Coroner and Inquest hearings.
Please note birth injury compensation claims can be with reference to pregnancy care, care during labour and care during the delivery of your baby. Just because the negligence may not have occurred during the childbirth itself, doesn’t mean your claim would lack validity. Get in touch with us to discuss in further detail.
How long do I have to make a traumatic birth compensation claim?
If you are bringing a claim as a result of your child being injured at birth, you have until they turn eighteen to do so. You can bring your birth medical negligence claim at any time during this period. Once your child has turned eighteen, they then have a further three years to bring a birth compensation claim.
We understand how difficult this process can be, and the negativity it can bring to what should be a joyous time for you and your family. We recommend seeking legal advice as soon as you can.
Our birth injury solicitors have successfully helped many clients in serious birth injury cases. We look to ensure that every aspect of your child’s claim has been considered and will look for compensation awards to include rehabilitation, therapies, education, care and support.
If you are a mother and claiming for your own injuries sustained during childbirth, you have three years from the time the injury took place, or from the moment you became aware of your injuries being a result of medical negligence.
How are birth compensation claims calculated?
It is difficult to calculate the true amount of compensation you could receive for a childbirth negligence claim without a medical assessment. It will be a case of understanding yours or your baby’s limitations that are now in place as a result of the birth injury.
Other factors that will be taken into account are home adaptions that are required, and of course any loss of income due related to yours or your baby’s birth injury.
Contact our birth injury lawyers today
If you would like to discuss making a birth injury claim for compensation as a result of medical negligence during pregnancy or birth, please call us on 0808 164 0808 for a free no-obligation chat. Alternatively, you can request a call back and we will call you.