Birthing Injury Claims
For many families, the birth of a child is a joyous, if somewhat stressful experience. You'll spend months preparing for the worst and worrying, often to have a relatively straightforward birth. For some however, this is not always the case. Sometimes things can go wrong, and in some rare cases, a birthing injury may be caused due to negligent medical care.
How Does This Happen?
Errors like this can occur for a number of reasons but they're typically due to:
- Errors in antenatal screening and scanning
- Physical injuries to mothers during pregnancy or delivery
- Stillbirths or neonatal deaths
In situations where a pregnancy or a delivery as gone awry, it can be emotionally devastating. If the mother has sustained injury during birth this can be traumatic enough, but if the child has also suffered a birth injury, the consequences can be far reaching. Birthing injuries to children can cause long-term conditions, disability and impaired cognitive function. We therefore recognise that the cost to patients is huge, both physically, emotionally and psychologically. If you were then to find out that the complications were caused by poor medical treatment, it can be almost soul destroying.
These causes are very traumatic and so we work alongside families in the most sympathetic and respectful way that we can, to investigate the events surrounding the labour to determine whether or not it was caused by sub-standard medical practice. Many families and mothers who have suffered due to a birthing injury often find that making a birthing injury claim is the last thing on their mind. It is important however that they come forward, as a successful birth injuries compensation claim may force the hospital to alter practices and procedures to prevent future incidents from occurring to other families; something that many of our clients find important.
Our Birth Injury Claims Experience
When searching for a birthing injury solicitor, it's important that you feel comfortable with them. When dealing with such a sensitive subject you need to receive the utmost support and advice; which is why our birth injury claims teams are always on hand to answer any questions and to provide guidance.
Making a claim for birth injuries compensation requires expert legal support, because cases of this kind are fiercely defended by legal and medical experts. The earlier involve an expert solicitor in your case, the greater your chances are of making a successful claim. We can investigate your case on your behalf, examining every aspects of your situation so that all the substantiating evidence can be assembled into a compelling case.
Our birth injury solicitors work at the cutting edge of clinical negligence case law; so they are able to investigate complex birth injuries compensation claims in great detail. They can assess the present and future impact of your treatment so that you are awarded birth injuries compensation that will support you now, and in future.
Instances where Medical Negligence may have taken place:
Medical negligence may have
occurred, where a clinical professional has failed to diagnose the threat, or
prevalence of maternal diabetes, otherwise known as Gestational Diabetes. Where
this condition has been left to develop, it has been known to cause significant
distress; often leading to miscarriages or birth defects involving the brain
and heart functions. If medical staff have failed to diagnose the condition,
investigate suspicious symptoms, or carry out necessary screenings due to a
family history of maternal diabetes, which have ultimately led to a birth
injury, you may be able to make a birth injury claim for compensation.
Failure to diagnose Pre Eclampsia
can lead to extremely serious complications for both the mother and baby. If the condition isn’t monitored and treated
promptly, the medical professionals caring for the mother can be considered to
have been negligent.
This condition is usually recognised through
regular blood pressure checks and urine tests to sample for high protein
levels. Most women do not suffer with any symptoms of having Pre Eclampsia,
making it vital that medical staff remain vigilant, ensuring that the few that
do, are properly monitored. Where this has not been done, Pre-Eclampsia can
cause significant injury and the threat of death to both the baby and the
mother. Where this is the case, you may be entitled to medical negligence
Uterine Rupture and Placental
If a mother is suffering from a
uterine rupture or placental abruption, the symptoms are extremely obvious, and
a doctor or midwife should take immediate action. A uterine rupture can
sometimes be bought on during labour, and they become especially prevalent during
a mishandled induced labour.
The mother will usually suffer a
significant amount of blood loss as the placenta detaches itself from the
uterus wall; this puts both mother and baby at harm. If this isn’t dealt with
in a timely manner, the mother can suffer from significant blood loss, and organ
damage. The baby can suffer serious brain injury, caused by a lack of oxygen.
Mishandling the care of a mother with a uterine rupture or placental abruption
can put her life, and that of her child, at risk.
If a medical professional has
failed in their duty to act appropriately during this critical emergency, which
has led to birth injuries for either mother or child, then medical negligence
may have taken place.
With every pregnancy there is a
risk that the baby may be born with a birth defect, leaving them with either a
physical or mental impairment. Many of these conditions can be diagnosed early
on in the pregnancy with the use of blood tests and relevant scans.
Sometimes a mother may wish to
terminate the pregnancy if there is a high risk or certainty that the unborn
child will be born with a defect. Where a doctor has failed to inform the
mother of the defect, and they have continued with the pregnancy unknowingly
against their wishes, the circumstances can be identified as a wrongful birth,
and you may be entitled to compensation.
Cerebral palsy is a condition
that can be caused during a traumatic labour when the baby’s brain is starved
of oxygen causing brain damage. Where this is caused by negligence, you may be
entitled to make a birth injury claim for compensation.
[Click here to visit our Cerebral Palsy Page]
During labour, it is a
requirement for midwives to monitor the size of the baby in order to make
necessary decisions about the birth. Where the baby is of a large size,
anticipated or not, there are certain measures that should be taken, to ensure the
baby is delivered in the safest way possible.
Where a midwife has failed to
recognise the size of the baby, and chosen to deliver the baby vaginally, the
shoulders may become lodged. This position can have serious consequences, and
in severe cases lead to the death of the baby. If the baby becomes stuck for
too long, they can acquire Erb’s Palsy, resulting in nerve damage and
If your child has suffered from
Erb’s Palsy because of negligent monitoring during labour, then you may be able
to make a birth injury claim for compensation.
We pride ourselves on our provision of first-class legal advice and support. Our team of specialist birth injury solicitors have a wealth of expertise and knowledge that you will be hard-pressed to find elsewhere. Their years of legal service make it likely that they will have dealt with a case like yours in the past; meaning that they can focus on the most critical case matters from the outset. This helps us to achieve the greatest possible success for your birth injury claim. There are time limits in place for claims of this kind so you should seek legal advice as quickly as possible.
You may be worried about the possible costs pursuing your birth injuries compensation claim; so we have advisory teams in place to help you secure all the assistance available to you. Whatever the situation, we are likely to find a way to help.
For Free, expert advice on pursuing a birthing injury claim, speak to us today. You can contact our helpline on 01204 521 133 or alternatively, you can fill out our claim form to your right.