A birth injury to the baby can be a broken limb, nerve damage or a lifelong condition such as cerebral palsy and brain damage. You may have a compensation claim if your baby suffers a birth injury.
Every medical professional owes you and your baby a duty of care. If the obstetrician, delivering doctor, or midwife causes your baby a birth injury, it could be medical negligence. You may have a medical negligence claim for the birth injury to the baby.
Medical negligence is medical care by a medical professional below a standard any other medical professional would provide in similar circumstances. A birth injury to the baby may be medical negligence, and you could have a compensation claim.
A medical negligence claim seeks compensation for the effects of a birth injury on the life of your baby. You claim compensation for the effects of the birth injury today and in the future on the life of your baby.
A No Win No Fee medical negligence solicitor can look at your case and see if you have a valid birth injury to the baby claim for compensation.
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What is a birth injury claim for compensation?
A birth injury claim for compensation is when you seek compensation for the effects of a birth injury on the life of your child. The compensation claim is for the impact of the broken arm, torn ligaments, brain damage and other injuries on your baby today and in the future.
You can make the birth injury claim for compensation on behalf of your baby. A No Win No Fee solicitor can help prepare your case and advise you on how to make the birth injury to the baby compensation claim.
NHS Resolution deals with claims for birth injury compensation. A recent survey shows that NHS Resolution paid out over £3 billion to settle 1,307 cases of cerebral palsy and other brain birth injuries in the years from 2011 to 2023. The money paid out reflects how much a lifetime of care and special needs a birth injury to the brain can cost.
A birth injury to your baby caused by medical negligence can have a shocking effect on you and the family, and you may be able to claim compensation to cover all your needs.
Your No Win No Fee medical negligence solicitor can handle your birth injury compensation claim.
Common birth injury to the baby compensation claims
Common birth injury to the baby compensation claims range from brain injury to cerebral palsy to birth defects such as scarring and broken bones. The effects of a birth injury may be with your child for life, and they can claim compensation through you.
The parents of a baby with a birth injury can claim compensation for the care needed, the adaptions to the car and the house and the future needs of the baby.
Some common claims for a birth injury to the baby are:
Cerebral palsy birth injury claims
Cerebral palsy birth injury claims are for the lifelong effects of living with the condition. Cerebral palsy is a lifelong motor disability and affects the baby’s ability to move, balance and maintain posture.
Medical negligence may cause Cerebral Palsy when:
You may have a medical negligence compensation claim if the birth injury causes cerebral palsy.
Brain damage birth injury claims
Brain damage birth injury claims are for the effects of medical negligence during birth that damages the brain of the baby. The brain injury may cause disability and learning difficulties, and the baby may need a lifetime of care.
Medical negligence can cause brain damage if:
A birth injury to the baby claim can seek compensation for the lifelong effects of the brain damage.
Broken limbs birth injury claims
Broken limbs birth injury claims are for the broken arms, snapped legs and fractured fingers that happen when there is medical negligence during the delivery of a baby. The pain and discomfort can be difficult for the child and the parents to experience.
Medical negligence may cause broken limbs in a birth injury when:
You can claim birth injury to the baby compensation for the broken limbs during a delivery due to medical negligence.
Nerve damage birth injury claims
Nerve damage birth injury may not become obvious for some time after the birth, but you can still claim compensation. In many cases, nerve damage can affect the head, neck and shoulder areas and the limbs.
Medical negligence may cause nerve damage birth injury if:
A medical negligence claim can seek compensation for the effects of the birth injury nerve damage.
Cuts and scarring birth injury claims
Cuts and scarring birth injury claims are for the pain and physical damage done to the baby during the birth. Your baby can be cut, bruised, and scarred if there is medical negligence during the birth.
Medical negligence can cause cuts and scarring when:
The scarring may be with a baby for life, and you can claim medical negligence compensation for the cuts and scarring caused by a birth injury to the baby.
A birth injury to the baby can cause a lot of harm. Your baby may need many years of care, and often, the baby will need care for life.
A No Win No Fee medical negligence solicitor can make your claim for a birth injury to the baby compensation.
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.
Compensation for birth injury to the baby negligence
Compensation for birth injury to the baby negligence can range from the low £10,000s to over £10 million in some cases. Your baby could suffer due to medical negligence during the birth, causing cerebral palsy, scarring, brain damage and other injuries.
Birth injury to the baby negligence can have many effects on you, your family, and the newborn baby, and you can claim for those effects today and in the future. The baby could have scarring for life, broken limbs and, in some cases, suffer brain damage and nerve damage.
Claims sometimes see high awards, such as when the patient suffers pain and discomfort and possible brain damage for life. In some cases of birth injury to the baby negligence, a baby could develop cerebral palsy, and the costs of adaptions to the home and full-time care can be very high.
Compensation for birth injury to the baby negligence claims can see awards of:
All amounts are approximate and are only a guide to what is possible in a birth injury to the baby negligence claim. Figures can be high in some claims as the baby could need long-term care and may face medical bills for life due to a birth injury.
You may be able to claim for these care expenses and the medical costs in the future for the baby with a medical negligence compensation case.
As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to the birth injury to the baby negligence.
A No Win No Fee medical negligence solicitor will be the one to advise you on a birth injury to the baby compensation claim.
A Medical Negligence Team solicitor will know from experience what your case may be worth and how to make a successful compensation claim.
Who is eligible for compensation in a medical negligence claim?
The patient who suffers pain, disability, or anxiety and sees their condition getting worse due to medical negligence may be eligible to claim compensation.
The medical negligence of a birth injury to the baby can cause pain and anxiety, and your baby may need a lifetime of care, including surgery, and you may be able to claim compensation.
A birth injury to the baby could have devastating effects on the baby, leading to cerebral palsy, brain damage and issues with the head, neck and shoulders.
You can claim compensation for the impact of the medical negligence on your baby’s life today and in the future. Living with the effects of medical negligence can be very distressing and may lead to many other medical problems.
Any medical negligence may lead to psychological trauma, unnecessary pain, and disability. It is not any different with birth injury negligence, and your baby or you may be unable to claim for the effects of the medical negligence.
When your baby suffers due to birth injury negligence, your No Win No Fee medical negligence solicitor can help make the case for compensation.
What can you claim for in birth injury to the baby negligence compensation?
You can claim for any damages that occurred when you sue for birth injury to the baby negligence compensation.
There are two types of compensation damages due when suing for any type of medical negligence:
You deserve compensation to cover all losses, including loss of life for dependents, medical costs, and long-term care needs.
You can claim medical negligence compensation when your baby experiences unnecessary suffering due to a birth injury, such as scarring, cerebral palsy and brain damage.
Who can be responsible for birth injury to the baby negligence?
A medical professional can be responsible for the birth injury to the baby negligence that harms your baby. When you bring a claim for medical negligence, such as for birth injury to the baby, you claim against the NHS Trust or private clinic that employed the medical professional responsible.
A medical professional responsible for the birth injury to the baby negligence could be:
Every medical professional owes you a duty of care when dealing with your health problems. You may suffer medical negligence if they are negligent with that duty of care and do not provide you with a professional service when under their care.
Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into the delivery of your baby, the treatment team made avoidable errors, causing a birth injury to the baby, which is clear medical negligence.
By behaving less-than-professionally, the obstetrician and obstetrics team risked your health and that of the baby, and the effects of the birth injury negligence could be with you and the family for life.
You can claim compensation for the medical negligence and get help getting your life and your baby’s health back on track.
Using a No Win No Fee medical negligence solicitor
Using a No Win No Fee medical negligence solicitor is the only way to a successful compensation claim for birth injury to the baby negligence. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.
The medical negligence solicitor will have experience dealing with the NHS and insurance companies when handling the birth injury to the baby negligence claim. A solicitor will know the causes of the medical negligence, discover who caused the medical negligence in the delivery of your baby, and the effects of the negligence by a medical professional.
Your No Win No Fee solicitor will handle your compensation claim when your baby suffers an avoidable injury during birth and will know how to make it a successful compensation claim.
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 and your baby are the ones who experienced the medical negligence, and you deserve the compensation to help improve your baby’s life after the birth injury medical negligence.
How long do I have to make a claim for medical negligence?
You have three years to make a claim for medical negligence. All medical negligence claims are subject to limitation periods.
For example, in England and Wales, medical negligence cases for birth injury must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the claim.
For a birth injury to the baby, the parents of the child have until they turn 18 to make the medical negligence claim. The claim can help cover costs such as medical care or adaptions to the house and car.
If your child has suffered due to birth injury negligence, they typically have until they reach 21 to start a medical negligence claim or court proceedings.
Persons with a disability, such as a baby who suffers brain damage in a birth injury during delivery and who lack capacity, are not subject to any limitation period.
Will I have to go to court with a birth injury to the baby negligence claim?
No, you are very unlikely to have to go to court with a birth injury to the baby negligence claim.
The majority of cases are settled well before there is a need for court action, and NHS Resolution will see most cases are dealt with, in conjunction with your solicitor, before a referral to court by either side.
Medical negligence can cause you and your family a lot of distress. If you discover the errors could be due to poor treatment by a medical professional, you will want answers and compensation for the effects of negligence in the delivery of the baby.
Your solicitor will want to keep the medical negligence claim out of court and get it settled in your favour as quickly as possible.
If your claim is one of the very few cases that do go to court, it will be handled by your No Win No Fee medical negligence solicitor.
Contact the Medical Negligence Team today
Contact the Medical Negligence Team today to discuss your birth injury to the baby negligence claim. Your baby suffered from the effects of the lack of oxygen to the brain or misuse of medical equipment during delivery, and you can claim compensation.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis, and you will not be out of pocket for an unsuccessful claim. We have both the legal and medical experts to guide you along the steps to a successful claim for birth injury negligence compensation.
We have a very high success rate and a reputation for a speedy and successful resolution to medical negligence claims.
You may have a compensation claim if you experience medical negligence during the birth of your child that causes a birth injury, such as cerebral palsy and nerve damage.
Our 100% Compensation Guarantee puts all the money you win into your pocket.
Contact us at the Medical Negligence Team, and let us handle your claim for birth injury to the baby compensation today.
