Birth Injury Claims - Children

Negligent Medical Care that Causes an Injury to a Baby

Our specialist Team of Medical Negligence Solicitors have helped many parents to obtain damages, which have allowed them to meet the needs of children who have been injured at and during birth. Detailed below are some of the types of birth injuries children can face and details on how you can make a birth injury compensation claim.

Birth Injuries to Babies - Medical negligence claims advice

Cerebral Palsy - Birth injury

Cerebral Palsy is a general term used by doctors to refer to a set of neurological conditions (involving the brain and nervous system) that affect a child’s movement and coordination.

Cerebral palsy is caused by damage to the brain which can occur before, during or soon after birth. The symptoms of cerebral palsy vary widely from child to child. Some children will have problems walking, while others will be profoundly disabled and require lifelong care. Some of the symptoms may be quite subtle.

As a result of our experience, we are able to instruct experts to consider all aspects of these types of case and help you make a claim for compensation.

Chambers and Partners 2017 - Top Ranked Law Firm Simpson Millar LLP

Chambers and Partners 2017

"Large practice with broad capabilities. Advises on obstetric negligence and cases relating to delayed diagnosis of cancer, negligent orthopaedic surgery, dental surgery and inadequate nursing care."

"Neil Fearn is head of the firm's national clinical negligence practice. He acts on obstetrics, delayed diagnosis of cancer and amputation cases. Clients say: 'He works so hard and won't put a matter down until it is finished; he keeps at it and gets it as near-perfect as possible.' Another source adds: 'He gets good results due to his drive and determination.'"

"New partner Lisa Swales has recent experience in child brain injury cases. 'She always responds to my e-mails and phone calls within a matter of hours,' says one client, while commentators say that she 'fights for her client, is sensible and is on top of cases.'"

"Geoffrey Simpson-Scott is a key contact who advises clients on a range of clinical negligence cases, including misdiagnosis cases and negligent surgery matters. Often represents families at inquest."

Erb’s Palsy - Birth injury

Erb's Palsy is sometimes also referred to as obstetric brachial plexus injury (OBPi). This type of medical condition is usually caused by a trauma during birth and will affect either 1 or all of the 5 primary nerves that provide the feeling and movement to the arm. The pattern of injury varies in each case. The paralysis can be fractional or complete with the nerve damage ranging from tearing or bruising. Some babies are lucky enough to recover on their own from symptoms of Erb's Palsy, but some will require professional intervention.

Birth Injury Claims - Case example:

We have vast experience in dealing with Erb's Palsy cases and have acted for many families.

Claiming compensation for birth injury

Is my child eligible for compensation?

In order for a child to be eligible for compensation, a case has to be established. To do so, it must be shown that the standard of medical care fell below an acceptable level and that this directly caused the birth injury. Our medical negligence experience enables us to investigate these cases expeditiously with a clear focus on the central issues.

How long will it take?

Due to the complexity of these cases and the number of independent experts that have to be instructed as part of the process of investigating the case, it may take some time for the case to be concluded.

Investigating the compensation claim

If you would like our solicitors to investigate a compensation claim for a child with cerebral palsy or erb’s palsy, it is likely that your child will be eligible in their own right to a certificate of public funding from the Legal Services Commission.

Is there a time limit?

Birth Injury claims on behalf of children:

A parent can make a claim on behalf of a child before the child's 18th birthday. If a claim is not brought within this time frame then the child can make a claim in his/her own name up to the age of 21. If your child cannot handle their own affairs and does not have "capacity" in that regard there is no time limit to when a claim can be brought.

Birth injury claims on behalf of adults:

If the adult lacks "capacity" then there is no time limit to when a claim can be made.

Jurisdiction (Location)

Please note: If your medical negligence complaint relates to a hospital in Scotland or Ireland this will fall outside of our solicitors jurisdiction and we advise you to contact a local solicitor, however if you now live in Scotland or Ireland and your complaint is regarding a hospital in England or Wales we will be more than happy to assist you. Check out our guide to making a medical complaint.

We can help you

If your child or you have been injured at birth due to medical negligence call one of our solicitors today on freephone: 0808 129 3320 or use our free, no obligation, online enquiry form to register for a call back.


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Neil Fearn - Medical Negligence Solicitor - Leeds

Neil Fearn
Partner, Head of Medical Negligence

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