If a doctor or member of clinical staff has been at fault then you may be able to make a clinical negligence compensation claim. Our Clinical & Medical Negligence Solicitors offer a free consultation for victims of clinical negligence and medical accidents.
This area is one of the most common for pursuing clinical negligence cases unfortunately. The vast majority of births in the UK lead to the delivery of healthy children. When this does not happen then this can be due to hospital mistakes.
Injuries which can occur due to error in childbirth include:-
- Cerebral palsy;
- Hip dysplasia;
- Ruptured placenta;
- Shoulder dystocia;
- Erb’s palsy;
- Infant death/stillbirth;
- Injuries to the mother;
- Broken collarbone;
- Umbilical cord problems.
Often a failure to carry out an emergency Caesarean section which could prevent birth injuries is the cause for cerebral palsy.
Cerebral palsy can be caused by the baby having a shortage of oxygen during birth which causes damage to the brain. Such damage can cause long-term, very significant health problems for the child.
Birth injury compensation claims are very complex. Please contact one of our friendly, committed, expert clinical negligence Solicitors who will advise you and guide you.
We are recognised by the Law Society as experts in clinical negligence. We take into account all symptoms, losses and possible long-term effects.
Children will usually qualify for Legal Aid. Legal Aid is calculated by assessing the merits of a case and also the financial means of the party involved. Taylor&Emmet LLP are one of only a small number of Solicitors in this region who has been awarded a Legal Aid Contract to carry out work in clinical negligence claims.
Liability was admitted by Sheffield Teaching Hospitals NHS Foundation Trust. The Trust failed to act on scans at 34 and 36 weeks gestation which showed that foetal growth was restricted. It was admitted that earlier action would have avoided the subsequent stillbirth. Both the mother and father suffered significant psychological trauma in addition to enduring the stillbirth itself. The case was eventually settled for £57,000.
Various allegations were raised in relation to an expectant mother’s management during pregnancy by North Middlesex University Hospital NHS Trust. For example, it was alleged that it should have been recognised the mother was suffering from gestational diabetes and that there a failure to use the McRobert’s procedure during delivery which would have made safe delivery of the baby much more likely.
Unfortunately the delivery was prolonged because of a shoulder dystocia and it was suggested that the failures all contributed to the eventual injury to the new-born boy. A brachial plexus injury was caused to the shoulder which caused restrictions in later life. In the future it was likely that there would be constraints with heavier lifting and more physical jobs such as in the armed forces would not be possible. Liability was denied but settlement was eventually agreed and approved by the court for £120,000.
What can I claim?
The value of your claim will depend on a number of factors including:
- The nature of the injury or illness
- Whether your child (or you) recover fully from the injury or illness or if it has a long term effect on their health and wellbeing
- The amount of any losses you incur as a result of the injury
You can claim compensation for the following things if they are a result of your injury:
Pain, suffering and loss of amenity
Loss of earnings
- Medical and nursing care costs
- Special equipment needed to carry out daily activities and any costs involved in adapting your home
- Other expenses incurred as a result of your injury, for example, travel expenses incurred whilst receiving medical treatment.
Contact us to speak to one of our specialist lawyers in total confidence and they will discuss the details of your claim.