When things go wrong during birth it can often lead to serious injuries for both mother and baby. Our medical negligence solicitors help many people and families get the support and guidance they need in these circumstances.
Unfortunately, we deal with an increasing number of birth injury compensation claims where an injury could have been avoided or detected earlier. We also help patients who undergo treatment during birth without informed consent. Doctors must 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.
If you are bringing a traumatic birth compensation claim, 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.
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.
Sadly, many birth injuries suffered by mothers are the result of medical negligence during pregnancy. Here list of common complications:
Babies can also suffer as a result of insufficient care and even obstetrics malpractice during childbirth.
What physical injuries can babies suffer during birth?
You can find out more about the common types of birth injury in our birth injury guide here.
Klumpke’s palsy is common when delivering proportionately larger babies that are too large for the birth canal causing the baby to turn their head abnormally from their shoulder. It is therefore important that you attend your antenatal appointments during your pregnancy to monitor the growth of your baby in order to decide whether a Caesarean section would be better suited for you.
If your child has been diagnosed with Klumpke’s palsy chances are that this occurred during the time of delivery and you may be eligible to claim compensation.
Stillbirths can be caused by complications with the placenta, diabetes, high blood pressure, infection or lack of oxygen to the baby. It is important to check regular movements of your baby and to seek medical advice if you notice that your baby’s movement are slowing down or if you can feel no movement at all.
You may have a claim for compensation in the following circumstances:
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.
A birth injury can be caused by a number of factors such as:
Failure to administer medical care appropriately can result in medical negligence during pregnancy or medical negligence during birth. We’ve put together a useful birth injury guide to help answer some of the frequently asked questions.
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 childbirth.
Or request a call back if you’d like one of our no-win, no-fee experts to call you
Read about our client Joanne, a woman who was left needing multiple blood transfusions after medics failed to appreciate the risks she faced during her pregnancy. Joanne has now settled her medical negligence claim against the defendant trust. Find out more.
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We carry out many of our claims on a no win, no fee basis. This means there are no upfront costs for you and, provided that you have not misled or acted against the advice that we have given you, no financial risk to you – even if your claim is not successful.
In most instances we will purchase ‘After the Event’ (ATE) insurance on your behalf to cover any legal costs should you not win the case. However, if you have a ‘Before the Event’ (BTE) insurance policy included in your home, car or credit card insurance then we may look to use that insurance to cover the legal costs and an ATE policy should not then be required.
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In general you have three years from the date of negligence or reasonable knowledge of mistreatment by a medical professional causing you harm to bring a medical negligence compensation claim. There are some exceptions to this rule; for instance where the matter involves a child in which case the child has three years from the date of their 18th birthday to bring a claim, therefore expiring on the individual’s 21st birthday.
It is important to speak to our medical negligence solicitors as early as possible to avoid any issues with limitation dates.
