The birth of a new baby is usually a wonderful time for the whole family, especially the parents, but if things go wrong during the pregnancy or the birth it can have a devastating effect. If mother or baby is harmed as a result of medical negligence, it may be possible to pursue a claim for compensation.
Types of Birth Injury Claims
Some birth injuries may not have been caused as a result of negligent care. However, some are caused by preventable errors which may have occurred during the pregnancy, labour or the birth. When an error occurs, whether it is a misdiagnosis or negligently performed procedure, this can cause harm to the baby and/or the mother and result in a subsequent claim for compensation. The most common birth injury claims arise as a result of:
- Misdiagnosis during pregnancy, the labour or birth
- Negligently handled birth
- Developing cerebral palsy during delivery
- Facial paralysis caused during the birth
- Brachial plexus injuries
- Fractures and other physical injuries
- Undiagnosed maternal diabetes
- Negligently performed episiotomy
- Unnecessary symphisiotomy procedure
Making a Claim*
Establishing fault in a medical negligence case is often a complex issue. There may have been a number of healthcare professionals involved at various stages during the course of the pregnancy and the delivery and it may be difficult to identify which individual element of the process caused the harm. It will be necessary before proceeding with a claim to take up a copy of the relevant medical records and engage an independent medical expert to furnish an opinion on the alleged negligent conduct. The fact of an injury or loss is not sufficient to support a claim, it must be shown that the process and procedures followed fell below an acceptable standard within the medical community and the sub-standard treatment directly caused the injury, loss and damage suffered.
What to Do
The first step is to contact us for a consultation without delay. We have particular expertise in medical negligence claims and will be happy to explain the process to you and offer clear and sound advice relevant to your individual circumstances. We will guide you through the process treating you and your case with confidentiality, sensitivity and respect. Strict time limits apply in making a claim so it is important to seek legal advice as soon as possible.
If you wish to discuss a potential claim or would like advice on any matter, please Contact Us for a consultation.
*in contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award of damages.