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.
No Win No Fee Medical Negligence Claims
We offer a free consultation with one of our friendly solicitors to get the ball rolling. After you’ve told us what happened, we’ll provide you with expert legal advice at no cost to you.
Types of injuries that can occur during childbirth
Injuries which can occur due to error in childbirth include:
- Cerebral palsy;
- Hip dysplasia;
- Ruptured placenta;
- Hypoglycaemia;
- Shoulder dystocia;
- Erb’s palsy;
- Infant death/stillbirth;
- Injuries to the mother;
- Broken collarbone;
- Umbilical cord problems.
Cerebral palsy and birth injuries
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
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.
Legal Aid for birth injury claims
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 Solicitors 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.
Frequently Asked Questions about Birth Injury Claims
Case Study: Cerebral Palsy due to Multiple Failures
We act for a child who, it was alleged, sustained brain damage due to multiple failures by Shrewsbury and Telford Hospital NHS Trust to monitor the pregnancy and further investigate concerning test results. The alleged failures included the hospital wrongly categorising the CTGs (monitoring of the heart rate) as reassuring and discharging the mother rather than carrying out further monitoring and carrying out a caesarean section the day before the birth.
Case Study: Missed 3rd degree tear following childbirth
Hampshire Hospital NHS Foundation Trust admitted liability for a failure to spot a Grade 3B tear following the birth of the Claimant’s son. Had the tear been spotted and treated at the time she would likely have made a good recovery. Due to the delay she unfortunately required a temporary colostomy and her condition would sadly likely deteriorate in the future, meaning significant future losses. There was a significant claim in relation to future treatment and loss of earnings. The Claimant’s social life and sex life with her husband were significantly affected. Paul Fouad assisted the Claimant throughout and following extensive expert evidence the claim settled at a joint settlement meeting for £470,000.
Case Study: Anaesthetic awareness
Whilst undergoing a caesarean section our client endured a traumatic ordeal without adequate anaesthetic. Her uterus was removed and stitched without pain relief. The Pennine Acute Hospitals NHS Trust admitted liability. The lady suffered from PTSD and required significant counselling over a number of years to begin to function properly again and be able to look after herself and her family. Paul Fouad assisted the Claimant from start to finish and her case was eventually resolved through mediation for £67,250.
Case Study: Stillbirth
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.
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
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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.
