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What can Make a Birth Traumatic?
The birth of a baby is usually one of life’s most joyful events, but the delivery itself can be one of the most traumatic.
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We deal with claims for both mothers and babies injured during childbirth. Injuries to the mother can include:
Injuries to the baby can include:
These injuries can commonly occur through errors in judgement, incorrect medication or delayed / incorrect diagnoses.
We're rated‘Excellent’Compensation is split into 2 categories, General Damages and Special Damages.
This is compensation for injuries sustained as a result of medical negligence. The amount of compensation awarded will depend on the severity of your injuries and will reflect the pain, suffering and loss of amenity you or the baby have experienced.
This compensation will reflect the impact on other aspects of your life. For mothers this may include loss of earnings, care, treatment and other such expenses.
For the baby this will likely include expenses associated with medical care and rehabilitation. Often these injuries can have devastating effects on the child’s life and as such compensation is required to cover the financial burden of their complex needs.
This will typically range from adaptations to your home and/or relocation as well as access to specialists such as speech and language therapists, educational and psychological experts and physiotherapists.
Any compensation awarded to a child will need to be approved by the Court and may be invested by the Court until the child turns 18, or held in a Trust.
We understand that the idea of taking legal action against the NHS can be unsettling. However this will enable you to fund any care or rehabilitation needs you or your child may have now or in the future.
Additionally making a medical negligence claim can lead to a spotlight being shone on clinical practices in the NHS and can lead to processes being improved and strengthened. As a result, it may help other people avoid going through the same type of trauma that you’ve experienced.
If you are over the age of 18 and have mental capacity to bring your claim you will have 3 years from the date of the negligence (or 3 years from the date when you knew there was a problem) to pursue a claim.
If you are claiming on behalf of a child then you are entitled to bring the claim on their behalf up to their 18th birthday. Thereafter the injured child will have 3 years in which to start their claim. The exception to these rules are where the child or adult does not have capacity to bring their claim. In that instance the time limit is stayed until capacity is regained (if ever).
In the unfortunate cases where the mother or child passed away as a result of the negligence the time limit is 3 years from their date of death. Our Medical Negligence Solicitors can advise you further on these time limits and how they impact your particular case.
While you don’t have to complain directly to the NHS in order to make a medical negligence claim, it can be worthwhile, particularly if the nature of your case isn’t entirely clear cut.
Our Medical Negligence Solicitors can advise on whether a complaint is suitable in your particular case and assist you with pursuing your complaint through the NHS Complaints Procedure.
If either you or your child has suffered a birth injury because the standard of care you received fell short, it’s important to get legal advice from an expert in the field. We have the expertise and the experience to ensure your claim is treated fairly and with sensitivity, so you can get the compensation you’re entitled to.
The birth of a baby is usually one of life’s most joyful events, but the delivery itself can be one of the most traumatic.
Since 1 April 2017, it has been a requirement for NHS Trusts to report all maternity incidents which are likely to result in severe brain injury to NHS Resolution within 30 days.
The birth of a baby is a joyous event, and midwives and obstetricians do everything they can to ensure a safe and normal delivery. But delivery can be hazardous, particularly for those going through their first pregnancy and labour.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0808 239 6043