Medical Negligence during Childbirth

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When a child is injured during labour or immediately after being born, ensuring that it doesn’t happen to another parent is extremely important.

If your child suffered an injury during birth as a result of medical negligence, you may be entitled to compensation and rehabilitation support. An injury or condition due to a failure of care during childbirth could include:

  • Brain injuries
  • Muscular and physical injuries
  • Injuries during delivery
  • Infections
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With the right amount of compensation, you can meet the needs of and provide a better life for yourself and your child.

Get in touch with our Medical Negligence Solicitors for a free consultation and we’ll look at the details of your case. Ask us if we can handle your claim on a No Win, No Fee basis.

Child Birth Injuries

Medical negligence during childbirth can have many lasting effects on the child. These can include:

  • Brain injuries, such as Cerebral and Erb’s Palsy. These often result from trauma during birth, such as a lack of oxygen through asphyxiation or a shortage of oxygen due to a delay in performing a Caesarean sectionn
  • Muscular and physical injuries, such as Shoulder Dystocia, Klumpke’s Palsy and Brachial Plexus Injury
  • Injuries during delivery, such as bone damage, lacerations, fractures and stress-related injuries. These may be caused by obstetric staff mishandling the mother and baby, applying forceps incorrectly or administering the wrong medication
  • Injuries that arise from infections or develop during pregnancy and should have been identified by a medical professional, such as meningitis; group B strep; folic acid deficiency; spina bifida; anaemia.

Birth Injuries to the Mother

Medical negligence during childbirth can also serious consequences for the mother. Possible injuries that can result from clinical errors include:

  • Third or fourth degree Perineal tears – Although common, if not treated properly can lead to longstanding problems, such as pain and psychological damage
  • Retained products of conception – In the tragic event of a miscarriage, there is the risk of tissue remaining in the uterus, which can lead to bleeding and infection
  • Nervous shock following a traumatic birth – Post-labour nervous shock can arise due to improper care following what has been a traumatic birth. This may result in psychiatric damage and mental illness.

You might also qualify for compensation if your child died shortly after birth due to the negligence of healthcare professionals. However, you can only claim compensation for medical negligence during childbirth within 3 years of the date of the incident, or from the date on which when you became aware of its effects.

When it comes to your child, you have until their 18th birthday to claim on their behalf. After this, it becomes their responsibility to make the claim, again with a 3-year limit, so by their 21st birthday. If they lack the mental capacity to handle their own affairs, the time limit doesn’t apply. If the birth injury claim is on behalf of an adult incapable of handling their own affairs, the time limitation doesn’t count either. Your Solicitor would investigate whether your child or an adult you are representing lacks capacity.

How Simpson Millar Can Help You

Our Medical Negligence Solicitors and Clinical Negligence Lawyers have many years of experience, handling difficult and demanding cases with sensitivity and understanding. Our expertise has allowed us to ensure that mothers and their children receive the compensation and rehabilitation support to which they are entitled.

Doctors, surgeons and medical professionals have a special responsibility and duty of care to their patients, and on the occasions where this is found to be lacking, action should be taken to improve this quality of care. If a child is injured during labour or immediately after being born, ensuring that it doesn’t happen to another parent, as well as securing the financial means to manage any resulting condition, is extremely important.

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