Giving birth should be a happy experience, where your safety and the safety of your baby goes without saying. But if something goes wrong and you, a loved one or your child has been injured during labour or delivery, it’s time to think about claiming compensation.
Birth injury claims are a way to take back control after an incident during childbirth. So if you believe that negligence was involved in the injuries you’ve suffered, talk to Injury Lawyers 4u. Our expert solicitors will handle your case with care, attention and respect — all under our no-win, no-fee agreement, meaning you won’t have to worry about paying us unless your case is successful.
When can you make a birth injury claim?
You can make childbirth injury claims if a medical professional involved in your childbirth was negligent and caused avoidable harm to you or your baby. Examples of negligence include:
- Delayed or mismanaged medical intervention, including acting on foetal distress or performing emergency C-sections.
- Incorrect use of medical equipment, including forceps or vacuum tools.
- Missed or untreated infections during labour or birth.
Both private and NHS birth injury claims can be made against the hospital you were mistreated in. Get in touch with Injury Lawyers 4u to begin.
Birth injuries that may lead to a claim
Medical negligence birth injury claims will either focus on injury to the mother or to the baby involved in the birth.
Birth injuries affecting babies
If your baby has been injured because of medical negligence, you can claim birth injury compensation. This is a list of the most common injuries to babies caused by breach of doctor’s duty of care:
- Cerebral palsy — This is a movement and posture disorder caused by damage that occurs to the developing brain before, during or shortly after birth.
- Erb’s palsy — This is shoulder and arm nerve damage caused by excessive force during delivery.
- Hypoxic-Ischaemic Encephalopathy (HIE) — This is brain damage caused by oxygen deprivation, which can lead to developmental delays.
- Fractures or skull injuries — This could be the result of misused delivery instruments.
- Facial paralysis — This is caused by pressure on facial nerves during birth.
- Stillbirth or neonatal death — In tragic cases, negligence may contribute to a baby’s death.
Birth injuries affecting mothers
When pursuing compensation for birth injuries that affect the mother, these are the most common injuries involved:
- Severe perineal tears or pelvic floor trauma — This is often preventable with proper care.
- Uterine rupture — This is a rare but life-threatening complication and is often linked to mismanagement during labour.
- Postpartum haemorrhage — Delayed intervention can make bleeding worse and can lead to complications.
- C-section injuries — This includes internal organ damage or poor wound management.
How to make a birth injury claim
This is our step-by-step guide to making a birth injury claim with Injury Lawyers 4u:
- Contact Injury Lawyers 4u — Our birth injury solicitors will sit down with you for a free consultation and assess whether negligence occurred.
- Gather evidence — Medical records, witness statements and expert opinions will be collected.
- Letter of Claim — This will be sent to the medical professionals at fault, outlining the negligence at play and the compensation requested.
- Await response — The defendant will have four months to respond to your letter of claim.
- Negotiations — If liability is admitted, a settlement might be reached. If denied, the case may go to court.
Bear in mind that you’ll have three years from the date of the injury or the date you became aware of it to make a claim. This is a little different for children, who can make a claim at any point before they turn 18. Once they do, they’ll be subject to the three year time limit too.
What is the NHS Early Notification Scheme?
The Early Notification Scheme (ENS) is an NHS initiative that investigates brain injuries at birth in rapid time. It aims to give you the answers you seek around the brain injury and search for evidence of negligence where applicable and offer compensation.
While the ENS can acknowledge NHS failings, it might not provide the right amount of compensation for your injuries — so contacting expert solicitors outside the NHS could make for a better settlement.
How much compensation could you receive for a birth injury claim?
The amount of compensation for birth injuries will vary wildly and is based on the following instead of a standardised system:
- The severity of your injury
- The impact on your quality of life
- Medical and care costs
- Future loss of earnings
- Special adaptations needed in your home
- Your pain and suffering
For a good idea of your birth injury general damages, the amount of compensation awarded due to pain and suffering of your injury, use our compensation calculator.
Why choose Injury Lawyers 4u for your birth injury claim?
We know how important and sensitive a case like this can be. Our birth injury lawyers are trained to handle your claim with tact and sensitivity. We also offer a no-win, no-fee guarantee on all of our personal injury cases, meaning there’s no financial barrier to entry.
Frequently asked questions
How long do birth injury claims take?
Every birth injury case is different, so they will also take varying times to settle. Simple cases where fault is easily proven and involves minor injuries will take much faster than more complex cases with major injuries.
Do I have to go to court for a birth injury claim?
The majority of birth injury claims are settled out of court through negotiation — especially when strong evidence is presented. If the healthcare provider at fault denies responsibility, court proceedings may be necessary to settle.
Is there a difference between NHS and private birth injury claims?
The only difference between NHS and private birth injury claims is how the party at fault handles the claim against them. Other than that, they will operate exactly the same.
Start your birth injury claim today
If you or your child has suffered an injury during childbirth, our experts at Injury Lawyers 4u are here to help. We’ll assist you in finding answers and fighting for the compensation you deserve after such an event. Contact us today for a free consultation.