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.
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.
Neil Fearn's particular area of expertise is cerebral or Erb's palsy claims arising from birth injury. One impressed commentator notes: "He seems incapable of being fazed, and handles everything with consummate aplomb."
Chambers and Partners 2015
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
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
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.