Pursuing a birth injury claim for compensation due to medical negligence may be the last thing on your mind. However, while compensation may not help reverse what has happened, it can help victims of medical negligence in many other ways.
Birth Injury Claims Due To Medical Negligence
Examples of medical negligence that may result in birth injury claims might include but are not limited to:
- Dangerous conditions in the mother or baby were missed.
- Incorrect medication.
- Poor care or mishandling during the delivery resulting in injuries to the new born baby.
- Trauma to the child during a forceps or vacuum delivery.
- Trauma to the child caused by C-section errors.
- Bladder or bowel injuries during the C-section procedure.
- Post-natal infections caused due to compromised hygiene.
- Delay or misdiagnosis of pre-eclampsia.
- Misdiagnosis or wrongful treatment of perineal tears.
- Anaesthetic errors.
Any type of clinical error during a delivery can result in a wide range of injuries to either mother or baby, and sometimes both and for which you might be entitled to claim compensation.
Types Of Birth Injuries
Birth injuries due to careless treatment, incorrect medication or mishandling can affect both the mother and baby.
Babies who have suffered negligent treatment could suffer from brain injuries, cerebral palsy, fractures, or muscular injuries like brachial plexus or Erb’s palsy. In extreme cases, birth injuries may lead to stillbirth or death after the baby is born.
Mothers who receive negligent treatment may suffer from bladder or bowel injuries, perineal tears, infections or pre-eclampsia. If the injuries are serious, it can affect the mothers ability to care for her newborn baby or even enjoy her new motherhood.
Knowing that your baby was injured due to clinical negligence made before, during or after the delivery can be devastating. You may not want to think about beginning a birth injury claim at what is likely a very difficult time but talking to a solicitor for legal advice is an important place to start. Birth injuries can result in long-term complications for a mother and their child. Receiving compensation can at the very least help ease money worries somewhat if you’re temporarily unable to return to work for example.
How A Birth Injury Solicitor Can Help
A birth injury claim is not something you might want to attempt on your own, especially when you are already dealing with the traumatic consequences of a birth injury. An experienced birth injury solicitor would have helped families previously who have experienced the trauma of birth injuries due to medical negligence. They understand how distressful this is and will pull out all the stops to protect your legal rights without causing you any more pain or inconvenience. Moreover, they will not push you into doing anything you don’t want to.
On the first consultation (typically at no cost), the solicitor will just listen to what you have to say, and ask relevant questions before giving you their professional advice. If the evidence indicates that the delivery team or other medical professional was negligent, your solicitor will help you understand your legal rights so you can make an educated decision about what to do next.
Filing a birth injury claim through a solicitor should be straightforward. In addition to building up your case and representing you in court if necessary, the birth injury solicitor will even help fund your claim using a No Win No Fee agreement.
According to the terms of a No Win No Fee contract, you are not liable to reimburse any of the legal costs if your birth injury claim is unsuccessful. You would only pay an agreed fee (set as a percentage) if your claim is successful and the court awards you compensation.
How Much Birth Injury Compensation Could You Claim?
The exact amount of compensation awarded in birth injury claims varies depending on the various factors. However, your solicitor will make sure that you receive the maximum amount of birth injury compensation due to you for the following factors:
- Pain and suffering resulting from the negligent treatment and birth injuries.
- Reimbursement of all costs associated with remedial treatment including any costs of prescription medication, rehabilitation, specialised medical equipment for home care, and necessary structural changes to your home.
- Reimbursement of lost earnings if you have to take extended time off from work to recover from your injuries or give up your job to care for your child
- Cost of home care if you or your child need round the clock care.
Your birth injury solicitor will also take into consideration the long-term consequences for you and your child and make sure that they ask for maximum compensation to cover all costs. They will consult medical experts to calculate adequate compensation if your child’s injuries mean they will need life-long care.
A successful birth injury claim can help you secure much-needed compensation that can help ease financial burdens, making it easier for you to focus on caring for your child and yourself.