Sometimes an emergency caesarean section is delayed, leading to a shortage of oxygen. If a doctor or member of medical staff has been at fault, you may be able to make a claim for compensation and this is one of the most common reasons for medical negligence cases.
The vast majority of births in the UK lead to the delivery of healthy children, but when this does not happen, it can be the result of 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.
Problems due to error in childbirth include:
- Cerebral palsy
- Erb’s palsy
- Hip dysplasia
- Ruptured placenta
- Hypoglycaemia
- Shoulder dystocia
- Infant death/stillbirth
- Injuries to the mother
- Broken collarbone
- Umbilical cord problems
What is cerebral palsy?
Cerebral palsy is a neurological condition affecting movement and co-ordination. Symptoms vary from person to person and other conditions are also often present, such as visual or auditory impairment, difficulty with speech and growth delay.
What causes cerebral palsy?
It is caused by damage to the brain, normally before, during or soon after birth, as a result of an infection, premature birth, trauma to the baby’s head, high or low blood pressure during pregnancy or a difficult birth, to name but a few possible reasons. In most medical negligence claims it is because the baby had a shortage of oxygen during birth, due to a delay or failure to carry out an emergency caesarean section.
Do I have a claim?
As detailed above, the cause of the brain injury can be very complicated. Your case will need to be investigated thoroughly by experienced solicitors, with the assistance of medical experts, to determine the likely cause of the injury and whether it was caused by substandard treatment.
How much compensation might I receive?
Compensation usually consists of general damages for pain, suffering and loss of life enjoyment and special damages for past and future financial losses. In severe brain injury cases, the overall settlement is often millions of pounds, due to the high level of care and change in accommodation required by the individual during their lifetime.
How can I fund my claim?
Children will usually qualify for legal aid, which is calculated by assessing the merits of a case and the financial means of the party involved.
Although the accessibility of Legal Aid has been reduced drastically in recent years, Legal Aid continues to be available for children with a severe disability caused by an injury sustained during delivery or up to eight weeks after the 37 weeks gestation period.
Taylor Emmet is one of a small number of firms in this region awarded a contract to carry out legal aid work in medical negligence claims. For more information, contact our specialist solicitors who will be happy to discuss your case in confidence.
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.
