You or your loved one can be injured during childbirth due to medical negligence.
A birth injury claim will get you the money needed for any long-term care and to help with your recovery.
There are many types of birth injury compensation, from Cerebral Palsy claims to Birth Injury to Mother claims and Group B Streptococcus claims to Stillbirth compensation claims.
Each type of claim is different, but you deserve compensation for the medical negligence.
A No Win No Fee medical negligence solicitor will get that compensation for your birth injury claim. They will have the medical negligence team in place to fight your case and win your compensation claim.
Table of content
What is birth injury negligence?
Birth injury negligence is damage done by medical professionals to the mother or baby during childbirth. It is medical care of such a poor standard that no doctor or nurse acting professionally would provide it.
The mother or the baby suffers due to birth injury negligence. The damage may be broken bones and scarring, or it can be long-term trauma such as disability or even death.
Birth injury negligence is avoidable, and a medical team acting at an acceptable level of care will not commit birth injury negligence.
The effects can be devastating when you or your baby suffers during childbirth. You may not want to deal with the trauma of birth injury negligence, but birth injury solicitors may get you the compensation you deserve.
Common birth injury claims
Common birth injury compensation claims are for cerebral palsy, birth injury to the mother and injury to the baby. Each type of birth injury negligence claim is different, but every medical negligence birth injury has serious consequences.
Common birth injury claims are:
How to Sue the NHS
If you have been a victim of NHS negligence? If you have, you may need Sue the NHS for damages.
Cerebral palsy claim
Cerebral palsy claims are for when your child acquires the condition before or during birth due to medical negligence. A cerebral palsy birth injury is brain damage caused by a lack of oxygen during delivery.
The medical negligence of poor standards of care during birth, such as incorrect monitoring of foetal oxygen or not ordering a Caesarean in time, often leads to a cerebral palsy diagnosis.
Erb’s palsy complication claims
Erb’s palsy complications are due to damage done to a baby’s shoulder during childbirth. It is the result of the incorrect use of delivery instruments such as the forceps, or in some cases, Erb’s palsy happens from the unnecessary use of the forceps.
Erb palsy can also happen when the delivery staff do not recognise a difficult birth and fail to refer a Caesarean section in time. Taking the necessary steps to avoid or solve a trapped foetus can also lead to Erb’s palsy.
Group B Streptococcus claims
Group B Streptococcus claims are for babies who acquire the infection due to lack of care in the maternity ward. Group B Streptococcus, Strep B or GBS, is avoidable if proper antibiotics are given during delivery and at birth.
If the doctor or midwife diagnoses the infection after birth, prompt and effective action can prevent Strep B complications. Delayed treatment only allows the infection to worsen.
Failure to treat the infection is medical negligence which can lead to the infection developing and your child falling very ill.
Birth injury to the mother claim
Birth injury to the mother is physical damage due to medical negligence during childbirth. Injuries can range from scarring to tearing and even death in some cases.
Compensation claims for birth injury to the mother are for:
Each birth injury will have consequences for the mother’s quality of life, which may last her lifetime.
Birth injury to the baby claim
Birth injury to the baby is medical negligence causing unnecessary harm to the new-born. The birth injury can happen both inside and outside the womb
Compensation claims for birth injury to a baby are for:
Obstetrics negligence claim
Obstetrics negligence is a poor standard of care before and during birth that leads to injury to the baby or the mother. The expectant mother relies on professional advice to get her through a safe delivery, but when she receives negligent advice, the results can be catastrophic.
When an obstetrician recommends delaying delivery that results in complications during birth, it is medical negligence. Incorrect monitoring of vital signs during pregnancy can miss infection and lead to potential damage to the foetus.
Twin birth injury claim
Twin birth injury claims come from the medical negligence of not treating the complications of having twins. The medical team in the delivery room should be aware of a twins pregnancy and the potential problems surrounding their birth. Failure to inform them is serious medical negligence.
Complications that can cause damage during the birth of twins include intrauterine growth restriction, mothers with problems of preeclampsia and hypertension and the potential for preterm births.
Stillbirth claim
Stillbirth claims are due to the incorrect management of pregnancy complications. Obstetricians and delivery room staff should be fully aware and prepared to deal with expected and unexpected birthing problems.
Delivery delays can cause asphyxia. Incorrect monitoring and failure to carry out blood tests and standard scans can miss potentially fatal problems. Not intervening during a difficult pregnancy can lead to the unfortunate death of a healthy baby.
Stillbirth is a very sad outcome of a pregnancy. You will have a birth injury compensation claim when a stillbirth is due to medical negligence.
How do birth injuries happen?
Birth injuries happen due to below-standard medical care by staff in the delivery ward. A birth injury can also occur by the medical consultant, such as an obstetrician not doing their job correctly.
Medical negligence is an unacceptable level of care, such that any professional working in a competent manner would not provide such care. If the obstetrician misses a vital problem sign on your scan and you suffer a birth injury, it is medical negligence.
When the delivery room is short-staffed, and a birth injury happens as a result, it is medical negligence. Birth injuries, such as damage due to delivery instruments, often happen due to poorly trained staff.
Birth injuries happen due to medical negligence by staff and or the hospital. You and your baby will be due compensation for the damage caused by birth injury negligence.
What are the effects of birth injuries?
The effects of birth injuries can be health complications, broken bones and, in some very sad cases, death. Birth injuries affect a child when they are very vulnerable, and the damage can last through life.
Common effects of birth injuries:
Birth injuries such as brain damage, badly broken limbs and nerve tears may affect the child for life.
For the parents, it may be a lifetime of care, hospital visits and a dramatically reduced life expectancy for their loved one.
Who is responsible for birth injuries?
A medical professional is responsible for birth injuries. The obstetrician who does not give you the proper and expected before, during and after birth is responsible for the medical negligence leading to birth injuries.
Staff in the delivery ward and the hospital are responsible for providing care of an acceptable standard when you are pregnant. Below-standard care is unacceptable and only leads to medical negligence and birth injuries.
The NHS Hospital or private clinic is also responsible for not providing an acceptable level of pre and neo-natal care. The hospital or clinic hires staff, and only suitably trained nurses and other professionals should be on duty at all times.
Hygiene and proper facilities are the responsibility of hospital management, and poor standards of care are medical negligence.
Birth injury claims happen because someone is responsible for the medical negligence. A medical negligence solicitor can take your claim and get you the compensation you deserve.
How much can I claim for birth injuries?
You can claim birth injuries compensation in amounts of more than £10,000 to well over the £10 million. Due to the nature of birth injuries and the possible lifetime of care needed, the amounts awarded are often very high.
To get an accurate idea of the amount you can claim for birth injuries, you should only consult a No Win No Fee medical negligence solicitor.
Only the experience and legal knowledge of a top-quality medical negligence solicitor can guide you to what to look for and what to expect in a birth injury negligence claim.
Types of compensation for medical negligence?
You make a birth injury negligence claim by contacting a No Win No Fee medical negligence solicitor.
Your No Win No Fee medical negligence solicitor explains the full process of claiming compensation and how you claim for two types of damages: General Damages and Special Damages.
General damages
General damages are when you sue for the pain, suffering and the loss of amenity, PSLA, you have experienced due to negligence.
Special damages
Special damages include loss of earnings, future care costs, and out-of-pocket expenses.
Be sure to keep payslips, receipts and proof of any losses you experience as a result of the medical negligence.
You deserve compensation to cover all losses, including loss of life, medical costs and any long-term care needs.
When you or a loved one suffers from the effects of birth injury, you make a claim for compensation.
Your No Win No Fee solicitor will guide you through the steps in making a birth injury negligence claim.
The steps involved when suing for birth injury negligence
The steps involved when suing for birth injury negligence are a part of any successful compensation claim.
When you follow them correctly and get all the facts and figures together, your medical negligence solicitor will do the rest.
Step 1: Seek medical advice
Seek medical advice on the injuries you have suffered or are suffering with immediately you realise you or your child experienced birth injury negligence.
Step 2: Contact a specialist medical negligence solicitor
Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you or your baby suffered birth injury negligence.
The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim.
You are the one who suffered medical negligence, and you should get all the money due for the suffering.
Step 3: Your medical negligence solicitor obtains your medical records
Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid medical negligence case.
The medical negligence team will know from reading your medical records if the case will result in the birth injury negligence compensation being paid.
Step 4: The medical negligence solicitor sending a letter of claim to the negligent party
The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit medical negligence in what is known as ‘sending a letter of claim.’
When the negligent party receives the letter of claim, it has up to four months to provide a written response.
Step 5: Getting a response from the negligent party’s insurer
Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion.
The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms.
If they admit liability, your birth injury negligence claim can be valued.
The two parties will meet to decide on your medical negligence compensation payment.
Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.
Step 6: Issuing court proceedings
Issuing court proceedings is the next step if they deny liability in your medical negligence case. Going to court happens, too, when they are not prepared to pay a fair amount for the injuries you have suffered.
Your medical negligence solicitor issues the court proceedings.
Remember that less than 1% of medical negligence cases go to trial.
Our Process
Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.
Enquiry
The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.
Medical Evaluation
Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.
Legal Letter
Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.
Using a No Win No Fee solicitor
Using a No Win No Fee solicitor is the only way to a successful birth injury negligence claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.
Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees.
The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.
You or your baby are the ones who suffered birth injury negligence, and you deserve the compensation to get your lives back to normal.
How long do I have to make a claim for birth injury negligence?
You have three years to make a claim for birth injury negligence. All medical negligence claims are subject to limitation periods.
For example, in England and Wales, medical negligence claims must generally be brought, court proceedings issued within three years of the injury, or three years of knowledge of the facts giving rise to the claim.
If someone has passed away, it is the date of death if the limitation period has not expired at the date of death.
Children not under a disability typically have until they reach 21 to start a birth injury negligence claim or court proceedings.
Persons under a disability, who lack capacity, are not subject to any limitation period.
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your birth injury negligence claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.
We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.
Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered birth injury negligence, and you deserve every penny of the compensation.
Contact us at the Medical Negligence Team for all your medical negligence needs.
