The birth of a child should be a happy time for any family. However, when medical negligence leads to injury to the baby, it can turn what should be a happy time into one of stress and hardship. If your child has suffered a birth injury due to an error or omission by a healthcare professional, you may be entitled to claim compensation. This guide explains the basics of birth injury claims to help you understand your options and legal rights as parents.
The Trauma of Birth Injuries
Any injury to a newborn baby is heartbreaking for the child’s family. Unfortunately, these injuries occur more often than many people realise. According to NHS Resolution, approximately 1,800 babies a year suffer some level of birth injury. Some common types of birth injuries include:
- Brain injuries like cerebral palsy and hypoxic ischaemic encephalopathy (HIE)
- Broken bones, like a fractured collarbone or arm
- Nerve damage, such as brachial plexus injuries
- Respiratory injuries
In the most serious cases, birth injuries can be fatal or lead to permanent disabilities.
When Can You Make a Claim?
You may be able to make a birth injury compensation claim if medical negligence directly caused your baby’s injury. There are two essential criteria:
- There was a duty of care – Healthcare staff owed a duty of care to you and your baby to avoid causing harm. This duty exists whenever medical professionals treat patients.
- There was a breach of duty – The care provided fell below the expected standard, either through an act of negligence or failure to act appropriately. This breach of duty directly resulted in the injury.
Some examples of situations that could warrant a birth injury claim include errors during delivery, failure to properly monitor the baby, delays in performing a cesarean section, and inappropriate use of birth instruments like forceps or vacuums.
Getting Help from a Specialist Solicitor
Making a birth injury claim can be complex, especially on top of coping with a disabled or seriously ill newborn. Working with a qualified medical negligence solicitor improves your chance of success and reduces stress during the process. Here are some tips for finding the right solicitor:
- Look for someone who specialises in birth injury cases, such as the team of experts at www.paduffy-solicitors.com – Their expertise will prove invaluable.
- Find a solicitor you feel comfortable with – You will be sharing sensitive information, so it’s important to trust them.
- Ask about legal fees – Most work on a no-win, no-fee basis but double-check.
- Discuss their success with similar cases – An experienced solicitor should have a strong track record.
- Check they are registered with the Solicitors Regulation Authority.
A good solicitor will handle everything from gathering evidence to negotiating with the defendant. They will also access medical records, consult with experts, and calculate the value of your claim. This takes a heavy burden off your shoulders so you can focus on caring for your child.
Pursuing compensation will never replace what your child has lost due to a birth injury. However, a successful claim can offer reassurance that your baby will have access to the lifetime of care they require. With an expert solicitor guiding you through the process, making a birth injury claim puts the power back in your hands to do what’s best for your family.
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