Birth Injury

Mistakes made by medical professionals during your pregnancy or birth could have serious implications on your life, as well as your child’s life. Areas in which medical negligence related to birth injuries commonly take place include:

• Antenatal errors: medical professionals can miss serious problems that show up on a scan, and can sometimes misdiagnose issues with a healthy unborn baby. Errors made at this stage can have huge consequences, including misdiagnosed miscarriage, unexpected health issues and even stillbirth
• Errors during birth: damage caused by medical devices or anaesthetics can affect the health of both mother and baby. In some instances, the mother can suffer severe gynaecological damage, and children can sustain many potential injuries or conditions, such as cerebral palsy, brain injury and fractured bones

Claiming compensation for a birth injury often happens after incidents that have taken place in a hospital. However, negligence is not restricted to this environment and can take place in a number of settings – including at home and in birth centres. Birth centres are small maternity units that aim to provide a more personal, less clinical environment for expectant mothers who wish to give birth without medical intervention. These centres are usually staffed by midwives, and aim to promote calmness, helping pregnant women to feel more in control of their birth experience. However, birth centres are not without risks, and there is a chance that something could go wrong, particularly if a medical professional acts negligently.

Birth injuries can occur for a variety of reasons, many of which may be due to clinical negligence.

Some common causes include:

• Improper use of medical equipment: incorrect use of forceps, vacuum extractors or other medical tools can cause injury to the mother or baby
• Delayed C-section: a failure to timely perform a caesarean section when necessary can result in oxygen deprivation and subsequent injury
• Inadequate monitoring: failure to properly monitor the foetal heartbeat and other vital signs can lead to delayed intervention and injury
• Medication errors: incorrect dosage or type of medication administered to the mother or baby can result in complications
• Failure to diagnose conditions: conditions like gestational diabetes or preeclampsia, if undiagnosed or improperly managed, can lead to birth injuries
• Inadequate staffing or training: lack of sufficient or adequately trained medical staff during delivery can result in errors and negligence
• Communication failures: poor communication between healthcare providers can lead to mistakes, such as administering the wrong treatment or failing to act promptly

Even if you do not see your injury or cause listed above, please get in touch with our birth injury solicitors as soon as possible and we will advise you if a claim is possible.

You could claim compensation for a number of birth injuries to the child that result from medical negligence. The claim can be made on behalf of the child, or by the parents or legal guardians. In some instances, extended family members may also be eligible to claim, particularly if they have become the primary caregivers due to the severity of the injury.

Some of the injuries that can be caused to the child before, during or after childbirth, due to mistakes by doctors and other medical staff, include:

• Birth asphyxia
• Cerebral palsy
• Erb’s palsy
• Forceps injury
• Hip dysplasia
• Stillbirth

A mother can sustain a number of injuries during childbirth that are often caused by the negligence of a medical professional. Some common injuries include:

• Caesarean errors
• Episiotomy
• Fissures
• Infections
• Pre-eclampsia
• Vaginal tearing

To pursue a birth injury compensation claim, you’ll need to gather and provide comprehensive evidence that demonstrates clinical negligence, how it led to a birth injury, and how this has affected you or a loved one. We will help you to acquire and compile this.

Below are some key types of evidence you will need, we recommend that you:

• Medical records: obtain all relevant medical records for both the mother and the child. These should include antenatal records, delivery notes and postnatal records
• Expert opinions: consult with medical experts who can provide an independent assessment of the injuries sustained. Their reports can offer invaluable insights into whether standards of care were breached
• Witness statements: collect statements from anyone who was present during the birth, such as family members or friends. Their accounts can help corroborate your claim
• Photographic evidence: If possible, photographs of the injuries can serve as compelling visual evidence
• Timeline of events: create a detailed timeline that outlines all the events leading up to, during and after the birth. This can help establish the sequence of events and identify any lapses in care
• Financial documents: keep records of all expenses incurred due to the injury, including medical bills, travel costs to medical appointments and any special equipment or care required
• Correspondence: maintain copies of all communications with healthcare providers, including emails and letters, as these can sometimes reveal inconsistencies or admissions of fault
• Legal advice: consult a solicitor experienced in clinical negligence claims, who can guide you through the legal process and help you compile a robust case

The amount of compensation you can claim for a birth injury varies depending on the severity of the injury, its long-term impact and other factors.

Compensation is generally divided into two categories:

• General damages: are awarded for the pain, suffering and loss of amenity you or a loved one has experienced. The amount is determined by the severity of the injury, its long-term effects and how it impacts the quality of life. General damages can cover both physical and psychological harm
• Special damages: are awarded for specific financial losses incurred due to the injury. This can include medical expenses, costs of special equipment or home modifications, and loss of earnings. Special damages are calculated based on actual expenses and projected future costs

It’s difficult to provide an exact figure without assessing the specifics of your case. However, compensation can range from thousands to millions of pounds, especially in severe cases involving long-term disability or care needs. Consulting a solicitor experienced in clinical negligence claims can provide you with a more accurate estimate tailored to your circumstances.

Birth injury cases are always unique, and the amount of compensation awarded will depend on various factors, including the quality of evidence presented and the expertise of your legal representation.

The general rule is that you have three years from the date of the injury or from the date you became aware of the negligence to make a claim. However, there are some exceptions:

1. Claims on behalf of a child: if the claim is being made for a child, the three-year limitation period doesn’t start until the child’s 18th birthday. After this, the child has until the age of 21 to bring their own claim
2. Claims for those lacking mental capacity: if the injured party lacks the mental capacity to make a claim, there may be no time limit, unless they regain mental capacity, in which case the three-year rule applies from that point
3. Fatal cases: if you are making a claim on behalf of someone who has died due to a birth injury, you will have three years from the date of death, or the date that it became clear the death was due to the birth injury

Make sure to speak to a solicitor as soon as possible if you are considering making a birth injury claim. The process of gathering evidence can be time-consuming, and the sooner you start, the better your chances of building a strong case.

At Ramsdens, we offer a no-win, no-fee arrangement to the majority of our clinical negligence clients. This means you will not have to pay any legal fees upfront, and you will only be charged if your claim is successful.

This arrangement, formally known as a conditional fee agreement (CFA), allows you to pursue a claim without the financial risk of paying for legal services yourself. If your claim is successful, the legal fees are typically recovered from the compensation awarded, or from the opposing party. It is essential to discuss the terms and conditions of the CFA with your solicitor to fully understand your financial obligations.