How No Win No Fee Solicitors Can Help With Birth Injury Claims
A new baby being born should be one of the most significant and special moment in a family’s life, so when something goes wrong during child-birth or pregnancy, the ramifications can be extremely serious.
Claim for Birth Injury Compensation – How Claims Work
If you have been given poor treatment or poor diagnosis either during birth or your pregnancy then you are eligible to make a clinical negligence personal injury claim.
In most cases, pregnancy and birth should be a happy time, but from time to time birth injury claim lawyers will be required to seek compensation for personal injury. This can include the following scenarios – all of which are laid out in more detail further down the page detailing how birth injury claims work in each case.
- Difficult Labours
- Oxygen Deprivation
- Cerebral Palsy
- Improper Scan Interpretations
- Problems with C-Sections
- Issues Arising from Forcep Delivery
- Failure to Follow Sterilisation Practices
- Shoulder Dystocia
- Brachial Plexus Injuries
- Negligent EpisiotomyUreter Injury
- Hysterectomy Problems
If you believe that you have been poorly treated, cared for, misdiagnosed, or your baby has been injured during child-birth then you could have a case to make for birth injury compensation.
The following information includes details on the types of birth injury compensation claims that a lawyer can help you with, how a birth injury solicitor or lawyer will work with you, and how they can help you for clinical negligence during child-birth.
When we refer to “birth injuries” we are referring to any harm that happened to either the mother or the baby.
Birth Injury Compensation Claims – The Different Types
What follows is a list and overview of the most common types of birth injury claims that specialist lawyers can deal with including accident claims solicitors.
Clinical Negligence During Pregnancy
During your pregnancy you should expect to be given the highest level of care possible, whether within private health care or the National Health Service. However, sometimes errors can be made and these can have huge ramifications for the health of you and your baby.
Whilst the ante-natal teams in the UK have very high tech equipment and are trained to the highest levels, problems can still happen, and even medical professionals can miss serious issues with the mother and baby. This can include items such as misdiagnosing a miscarriage, and even stillbirth.
Pregnancy is a very frightening experience for some women, and you need to be able to trust 100% the advice and care that you receive from nurses and doctors.
If for some reason you have not received the best care and problems arise leading to a birth injury claim, then a lawyer can help you to seek personal injury compensation.
Maternal Diabetes or Gestational Diabetes
Maternal Diabetes (also known as Gestational Diabetes) is commonly misdiagnosed during pregnancy. In worst case scenarios it can lead to a miscarriage if not noticed and treated quickly enough. After birth, the baby can suffer from a post-birth injuries including brain damage at birth, or heart problems.
These issues should be picked up during screening whilst you are a pregnant, so if missed can lead to a very traumatic birth and on-going problems with the child’s life.
Birth injury claims specialists will seek to award damages for the associated costs and expenses involved in bringing up a child in these circumstances.
Wrongful Birth Injury Cases
In today’s hospitals most birth defects should be picked up via scanning procedures during pregnancy. In rare cases babies can be diagnosed with conditions such as:
- Spina bifida
- Club feet
- A hole in the heart
- Down’s syndrome
If your doctors don’t identify these conditions during your pregnancy then there could be a clinical negligence birth claim to answer.
When we refer to a wrongful birth, this means the mother would have chosen to terminate the pregnancy if she had known about any birth defects.
If the conditions were not diagnosed early enough due to clinical and medical negligence and the pregnancy went to full-term then this is classified as a wrongful birth. Compensation claims can be made for personal injury and birth injury claims in these circumstances.
Uterine Rupture and Placental Abruption
A uterine rupture is when the wall of the uterus tears. Fortunately this is quite a rare birth injury but can occasionally happen when medical staff induce labour and don’t monitor the woman’s pregnancy correctly. In the worst cases, this can lead to brain damage at birth for the baby as oxygen will struggle to reach him or her.
If cases like this have been misdiagnosed and not correctly treated by your hospital then it can be a personal injury claim route that we can assist with as it falls under the birth injury negligence category.
Pre-eclampsia affects some women when pregnant. It is a very common type of birth injury claim for compensation that we deal with. It will typically occur during the second half of a pregnancy term and should be picked up easily by your doctor using blood and urine tests.
Some pre-eclampsia cases can lead to the death of mother and baby and so is one of the more serious birth accidents that we are able to work on. In most cases mother and baby will be left with health issues due to negligence and so birth injury compensation is typically sought.
Birth Injury Claims – During Labour
Cerebral Palsy can occur when the baby is not supplied enough oxygen during child-birth. This form of birth accident claim is entirely down to clinical negligence in most cases, and forms a large part of our birth injury compensation cases.
To apply for birth injury claims for cerebral palsy please get in touch with us as soon as possible so that we can advise you on your case and put you in touch with one of our specialist birth injury lawyers.
Forceps Delivery or Ventouse Delivery
During some difficult labours, the decision will be made to use forceps or a Venthouse cup to deliver the baby. If this process is done incorrectly, or with unsuitable equipment or poorly trained medical staff, then problems can occur. This can include injuries to the baby such as scars, nerve damage, or other injuries.
Cases such as this qualify as a birth injury claim. We can pursue the correct avenues for personal injury compensation in these circumstances where we can prove the doctors or nurses were negligent.
Episiotomy and Second or Third Degree Tears
During child-birth an episiotomy can be performed in order to deliver the baby easier. We deal with birth injury compensation claims in these cases if the episiotomy was administered incorrectly, or not at all, leading to tearing and injury.
Erb’s Palsy or Brachial Plexus Injuries
During your pregnancy, sufficient tests should have been carried to see how large your baby was. With larger babies it can be advised to have the delivery by Caesarean section. However, if this was not picked up, the delivery of a larger baby can cause damage to both baby and mother.
Post Child-Birth Personal Injury
Congenital Hip Dysplasia
During your pregnancy your baby should be tested for congenital hip dysplasia which is a birth defect of the hip. If diagnosed during the early part of the pregnancy then this can be treated well with a positive outcome. If not diagnosed by medical professionals then it can unfortunately mean the baby being born with a hip condition. In case such as this you should seek to claim for birth injury compensation.
How No Win No Fee Birth Injury Solicitors Work
Birth injury lawyers are highly trained and experienced in the field of birth injury claim compensation. Whether your baby has suffered from brain damage at birth from lack of oxygen, from oxygen deprivation or any of the other of the other conditions that we list further up this page, you can be certain of getting the best legal representation possible.
If you or someone you know has suffered in this way, then get in touch with us as soon as possible as there are time limits upon which you can make a claim for personal injury.
Once you call us we will offer a free consultation on 01618855335, and if we feel that there is a birth injury claim to answer then we will assign one of our expert birth injury solicitors to your case. They all work on a no win no fee* agreement and will visit you at your home or in hospital to discuss the next steps.