Birth Injury Compensation Claims

Birth Injury

Giving birth for the first time is a life-changing experience, but if a birth injury occurs as a result of mistakes made by doctors and midwives, there can be serious consequences for the new-born child.

As well as having potentially life-changing consequences for the child, birth injuries can have a significant impact on the mental wellbeing of parents. On top of that, there can be serious financial implications involved.

Both the child and the mother can be injured during the birth process. Although some of these injuries may be unavoidable, many can be due to medical malpractice. So, if you or your child has suffered as a result of medical negligence, you may be entitled to make a birth injury compensation claim.

Our medical negligence solicitors are specialists in baby birth injury claims and have successfully supported many families with compensation cases of this type. Our specialist medical negligence legal team will aim to achieve the best possible award for both you and your child to cover the costs of rehabilitation, care, and any home adaptation that may be required.

What are the different types of baby birth injury?

Birth injuries can be wide-ranging in both their nature and severity, and here at Been Let Down we have extensive experience in dealing with cases of all types. We can help with multiple forms of birth injury compensation claims, including the following:

• Cerebral palsy— in the UK it is estimated that 1 in every 400 babies are born with cerebral palsy which can be caused due to oxygen deprivation during birth. (Source NICE). About 20% of cases of cerebral palsy are caused by injuries during birth. (Source Cerebral Palsy Guide).
• Erb’s palsy— this can be caused when a baby’s shoulders become stuck during birth. The structures of the neck can be damaged in addition to the nerves and muscles in the shoulder, arm, and hand.
• Mother being injured— incompetent suturing of vaginal tears, infections and pre-eclampsia mismanagement; any of these can affect mothers long after the birth.
• Other birth injuries— brain damage, forceps trauma, stillbirths, placental rupture and even umbilical cord problems can all have devastating effects on your baby.

If you believe you may be entitled to make a cerebral palsy claim, an Erb’s palsy claim or have a case for any other type of baby birth injury, please contact us and a member of our legal team will offer you the care and support you need to take the first steps in making a claim.

Why should I make a birth injury compensation claim?

The potential impact of birth injuries can be life-changing. For parents, the ability to work may be affected if constant care is required, and long-term plans may need to be put in place for the child’s future health and wellbeing.

By ensuring you receive compensation, some control can be regained over your lives and that of your baby. With the necessary finance in place, you will be able to care for your child as they grow. This can include payments for modifications to your home or purpose built accommodation, special schooling, medical equipment, specialist childcare, and bespoke transport.

Furthermore, successful birth injury claims can prevent the same mistakes happening again. If it is found that you or your child suffered the injury because of medical negligence, then winning your case could lead to improved practices in the future.

How will I know if I can make a birth injury claim?

You can make a birth injury compensation claim on behalf of your child or yourself, depending on who has been affected.

Typically, you are required to prove:

• That the hospital trust or doctor failed to do something; delayed in doing something; or made a mistake that no competent professional of the same position or standing would have made. This is referred to as a breach of duty.
• That the birth injury was a direct result of those negligent actions. This is referred to as causation.

In a court of law, breach of duty is determined in accordance with the Bolam test, whereas causation is considered on the balance of probabilities – this means it must be more likely than not that the injury would not have been caused but for the breach of duty. A judge will hear the testimony of medical professionals, so you need to appoint a legal team that has access to medical professionals who will support your birth injury claim.

At Been Let Down, our expert medical negligence solicitors will assess your situation and put forward the best possible case, so that the maximum amount of compensation can be sought.

Why should I choose Been Let Down to handle my birth injury compensation claim?

When you approach Been Let Down regarding a potential baby birth injury claim, you’re coming to a true legal specialist in medical negligence with years of experience in dealing with birth injury cases spanning a full spectrum of cerebral palsy claims, Erb’s palsy claims and all birth injury possibilities relating to both mother and child.

We are authorised and regulated by the Solicitors Regulation Authority (SRA) and solicitors in our legal team are members of the Association of Personal Injury Lawyers. Between our experience and our accreditations, you can be assured of getting the best representation possible for your case, and a conscientious, considerate and thoroughly professional service throughout the course of your claim.

How do I begin claiming for a birth injury?

We appreciate that birth injury compensation claims can appear complex and stressful, particularly when you’re already dealing with the consequences of the injury itself. Taking that first step can be stressful in itself and that is why our legal team will listen to you with empathy and give you the time you need to explain what happened.

If you believe you are eligible to claim for a baby birth injury, please make an online enquiry or simply get in touch with us. Our legal team will arrange a convenient time to call you to understand more about your case and advise on whether we will be able to proceed with a birth injury compensation claim.

How much can birth injury compensation claims be worth?

No two birth injury claims are the same, which is why it is difficult for us to give a simple answer to this question. The amount you could receive in compensation will depend on a number of factors, such as the severity of the birth injury, how it has affected your life and that of your baby and your whole family and what financial impact it has had and will continue to have.

Our expert Medical Negligence solicitors will discuss funding options with you further, but most of our cases are run on a ‘No Win No Fee’ basis. This is also known as a Conditional Fee Agreement, or CFA.

Is there a time limit on making a birth injury claim?

In cases of birth injury claim on behalf of your baby, the parents or guardians can bring a birth injury compensation claim on behalf of their child up until their 18^th birthday, whereas once the child turns 18, provided they have the mental capacity to do so, they will have until the eve of their 21^st birthday to claim.

In most cases relating to birth injury claims on behalf of the mother/parents, you will have three years from the date of the negligent injury to make a birth injury compensation claim. However, that time limit may be extended if you have a later date of knowledge that something may have gone wrong with your treatment causing your injury, or if you are claiming on behalf of an individual who does not possess the mental capacity to make a claim themselves.

Parents or guardians can make a birth injury compensation claim for a child up until their 18^th birthday. Once that individual turns 18, they will have until their 21^st birthday to claim.

Will I need to go to court as part of my birth injury case?

Of all medical negligence cases in 2019-20, NHS Resolution reports that less than 1% went to a full trial, while more than 70% were resolved without the need for formal proceedings, so the chances are that your birth injury claim will not require you to go to court.

However, if your case does go to court, please do not worry as we will be here to guide you calmly through the process, offering constant support and guidance. As such, you can be confident that we’ll look after you every step of the way.

We’re experts at dealing with birth injury compensation claims

When you contact Been Let Down, a member of our expert legal team will be ready to listen to the details of your case and the circumstances of the potential birth injury compensation claim.

Contact us today 

Get in touch now and let us show you that there is a positive way forward after birth injury.

Please call us on 0800 234 3234 or contact us and a member of our legal team will call you back.