Birth Injury Compensation Claim
Pregnancy and the birth of a child is an exciting and emotional time for families. However, because of the complications that can exist, it can also be a time of anxiety and concern. Mothers should be checked regularly by midwives and obstetricians to ensure that both she and her baby are healthy and that things are progressing as they should. For the majority of people, things will pass without significant complication. But sometimes, things do happen, and when they do, it’s important that these are recognized and treated properly.
Occasionally, people and situations slip through the net, and where this happens, the risk is great that something bad can happen to the mother and the unborn child.
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Injuries during pregnancy
Preeclampsia
Preeclampsia is relatively common in pregnancy and it’s usually diagnosed through regular antenatal checkups, but if it’s not detected, it can, in the very most serious instances, result in the death of the baby, the mother or both. An obstetrician may decide to induce birth early rather than allowing the pregnancy to continue. It’s vital that the risks of each approach are fully explained to the patient.
Gestational Diabetes
This is another fairly common condition during pregnancy. The mother can develop diabetes during her pregnancy and there are a number of factors that increase the risk of this happening. It’s easily diagnosed and treated, but if it’s allowed to go undetected, in the most serious of situations, it can result in the stillbirth of the baby. Certain factors increase the risk of this complication arising and where such risks apply the antenatal team should be particularly vigilant. The most common risk factors are maternal obesity and family history.
Injuries during childbirth
Unfortunately, injuries during childbirth are more common than they should be. There are a lot of them, and they’re not always caused by medical negligence, but most should be easy to pick up and treat. If they are allowed to progress, they can cause serious harm to the mother, the baby and sometimes, to both.
Retained Placenta
The Obstetrician or Midwife should always ensure that the placenta is delivered in childbirth. If even a portion of it is retained in the womb, it can cause a serious infection or even life-threatening blood loss for the mother.
Shoulder Dystocia
Shoulder Dsytocia is when the baby’s head has been born, bit one of the shoulders gets stuck, delaying the birth of the baby. This can lead to serious injury for the mother and the baby.
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Birth injury through assisted delivery
If labour doesn’t go to plan and the baby becomes stuck, midwives and obstetricians may have to resort to an “assisted delivery” and use Ventouse or forceps to deliver the baby. Through inappropriate use or excessive force, these can often cause injury to the mother (including perineal injury) and/or baby (injury or scarring).
Child brain injuries
Occasionally, babies may suffer a brain injury during birth, resulting in cerebral palsy or erb’s palsy. These are caused by deprivation of oxygen or additional trauma during delivery. It’s vitally important to speak with a Medical Negligence solicitor as early as possible – this can become complicated and difficult to deal with, if an expert isn’t involved.
Psychological Injury
It is very common for traumatic birth to cause psychological injury which can often take many months if not years to resolve.
Making a claim
If you think you or your baby were the victims of medical negligence during childbirth, please get in touch with us as soon as possible. You may be entitled to make a claim for birth injury compensation. We offer a free initial consultation to discuss what happened, and to make recommendations for how to proceed. We also work on a no-win no-fee basis,
Why choose Nash & Co Solicitors?
Our specialist lawyers here at Nash & Co Solicitors in Plymouth are here to help you through a really rough time. Our team will take great care when handling your birth injury compensation claim, and as well as being extremely good lawyers, they’re really good people too. They’re sensitive to your situation, and they will do all they can to help you.
The team also recognises that no two situations are the same. We’ll always put clients first, and ensure that you’re comfortable with everything that’s happening. We’ll never use complicated legal jargon that leaves you wondering what we mean or what’s happening. And we’ll ensure that you’re always kept fully up to date with everything that’s going on. You’ll be involved at every stage of the process.
How much will this cost?
Our team of specialist lawyers work on a No Win, No Fee basis. This means that there’s absolutely no financial risk to you or your family. We won’t ask you to make any upfront costs and you won’t have to pay a penny out of your own pocket. We may even be able to get you some interim payments to help pay for medical treatments and rehab.
In our free initial consultation, we can explain this more detail how your claim could be funded. We’re also able to answer any other questions that you may still have.
To find out whether you’re able to make a claim for birth injury compensation, please call us on 01752 827085.
You’ll get to speak to one of our lawyers right away, and we can answer some of your questions there and then. We can also talk about booking you in for your free consultation.
Frequently asked questions
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In cases of medical negligence during childbirth, various types of birth injuries can potentially be compensated. These can include:
Cerebral Palsy: a group of disorders affecting movement and posture that is can be caused by brain damage during childbirth
Fractures and bone injuries: fractures can occur during difficult or traumatic delivery
Perinatal asphyxia: this refers to a lack of oxygen before, during, or immediately after birth
It's important to note that the eligibility for compensation depends on proving that the birth injury was a result of medical negligence or poor care. Consulting with a lawyer is crucial to assess the viability of a claim and understand the specific types of birth injuries that are compensated.
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Determining if your child's birth injury was due to medical negligence generally requires a thorough evaluation of the circumstances surrounding the birth and the quality of care provided. This can be provided through a consultation with a lawyer, who will assess your case based on the facts and specific circumstances.
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The process in England typically involves:
Seeking legal advice: a lawyer specialising in birth injury claims can assess your case
Investigation and evidence gathering: your lawyer will investigate the circumstances surrounding the injury and gather evidence, including medical records, expert evidence and witness statements
Letter of Claim: your lawyer will draft a formal letter outlining the details of your case, including any negligence and harm. This is sent to the healthcare provider responsible and indicates your intention to make a claim
Response and investigation: the healthcare provider has a specific timeframe to respond to the Letter of Claim. They may admit or deny liability or request further information. They will also conduct their own investigation
Negotiation and settlement: if liability is established, your lawyer will engage in negotiations with the provider or their insurer to reach a fair settlement
Court Proceedings: if a settlement cannot be reached or liability is denied, your lawyer may initiate court proceedings on your behalf. The court will assess the evidence and make a decision regarding liability and compensation
Judgment and compensation: if the court rules in your favour, a judgment will be issued and compensation will be awarded
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To support a birth injury compensation claim, several key pieces of evidence and information are typically needed. Gathering and presenting this evidence is essential in establishing the validity of your claim. Common evidence includes:
Medical records
Expert medical opinions
Witness statements
Documentation of birth injury
Financial Records
Expert opinions on future care needs
It's important to work closely with a lawyer experienced in birth injury claims. They can guide you through the process, help gather the necessary evidence, and present a strong case on your behalf. They will also ensure that all required documentation and expert opinions are obtained to support your birth injury compensation claim.
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In England and Wales, the time limit for a filing a birth injury claim on behalf of the mother is three years from the date of the child’s birth or the date when the injury was discovered. If injury is caused to the baby then the three year time limit will not start until the child’s 18th birthday.
There are exceptions to this though. A lawyer will be able to review the details of your case and advise on the time limit and any exceptions.
It’s important to consult a lawyer as soon as possible to avoid exceeding the time limit for filing a claim.
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In England and Wales, it is possible to receive compensation for ongoing medical expenses and future care needs in a birth injury compensation claim. Compensation aims to provide financial support for all costs, both present and future, associated with the birth injury.
What our clients say
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I used Nash & Co to make a personal injury claim after an accident. I was informed of the progress at every step and felt that the service I was receiving was both personal and professional.
5* Google review
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Mike Shiers has been absolutely outstanding helping me to navigate through a legal claim which had been submitted by my wife before she had passed away. The case has now been brought to a satisfactory conclusion.
5* Google Review
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![5 star Google rating leading Plymouth solicitor]()
Mike Shiers and his team have been incredible. After suffering an injury to my knee and wrist caused by a 3rd party, I was put in touch with Mike from Nash & Co. I have to say, he and his team have been nothing short of incredible from start to finish.
5* Google review
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![5 star Google rating leading Plymouth solicitor]()
Had Marie dealing with a case for me after an accident and I could not fault the service I received along the way. Clear communication throughout and outstanding effort to get me the best end result but also making sure I received the medical treatment I required along the way. Would recommend them to everybody.
5* Google review
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![5 star Google rating leading Plymouth solicitor]()
I had the pleasure of using Nash and co recently. My dealings with Mike and the team were always professional and friendly. What set them apart though was their attention to detail and genuine care for their clients. They were really invested in getting the best outcome for their client. I wouldn’t hesitate to use them again in the future.
5* Google review
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![5 star Google rating leading Plymouth solicitor]()
I have recently used the services of Nash and Co and found Mrs M Oxland to be very efficient and communicative. She kept me appraised of all developments throughout the process. I would definitely recommend her.
5* Google review
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If your enquiry is urgent then please call us on 01752 827085.
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