How does compensation for childbirth injury work?

In 2022, a study of over 60,000 pre-term deliveries in the UK showed that birth trauma occurred in 30.9% of births. Childbirth is often one of the most beautiful and rewarding moments in a person’s life, but when things go wrong it can be devastating, causing lifelong physical and psychological harm for you and your family.

Here at Paul Crowley & Co solicitors, we know how difficult it can be to suffer as a result of medical negligence. Dan Griffiths, Head of Medical Negligence, guides you through what injuries can lead to a claim and how we can help you get the compensation you deserve.

What kinds of injury can occur as a result of negligence during childbirth?

Medical negligence can lead to a wide range of different injuries, both to the parent and the baby.

Some of the most common birth injuries to the child include:

• Brain injuries
• Cerebral Palsy/Erb’s Palsy
• Stillbirth
• Broken bones
• Shoulder dystocia
• Strep B

Some of the most common birth injuries for the parent are:

• Perineal tears
• Post-partum Haemorrhage (PPH)
• Ruptured uterus

If you or your family have suffered injuries as a result of sub-standard medical care and are wondering if you could be eligible to make a claim, call Paul Crowley & Co solicitors to speak to one of our friendly team of medical negligence experts. We are here to advise you throughout the legal process to ensure you can get the compensation you are owed.

‘If you have suffered a childbirth injury and think you could be eligible for compensation, call Paul Crowley & Co, our experienced team will provide you with expert legal advice and representation ensuring you receive the best possible outcome.’

Dan Griffiths | Head of Medical Negligence
Paul Crowley & Co solicitors

How to bring a successful birth injury claim

Medical negligence claims can arise from any injury suffered by you or your child as a result of negligent care from a professional such as a doctor or midwife.

In order to be successful in bringing a claim for medical negligence, you need to be able to prove:

• The healthcare professional breached their duty of care towards you
• As a result of this breach of duty, you or your child suffered harm

How do I know if my injury has been caused by medical negligence?

Unfortunately, birth injuries are fairly common although they do not always occur as a result of negligent care. However, you may be eligible to make a claim if a medical professional:

• Delayed making a diagnosis or made an incorrect diagnosis
• Failed to provide a c-section or episiotomy when suitable
• Failed to obtain proper consent for a procedure, or
• Failed to give you adequate treatment after you have suffered a birth injury

How much compensation could I claim for a birth injury?

The level of compensation you are entitled to will depend on the circumstances and severity of your case. You will be awarded “general damages” for the pain and suffering you went through, and “special damages” to compensate you for other losses.

These could include:

• Past and future loss of earnings
• Expenses such as travel, rehabilitation, or care
• An award for any adaptive equipment needed
• An award to cover further medical expenses like revision surgeries

In the most severe cases, negligent treatment during childbirth could be fatal to the parent. When this occurs, a surviving spouse is also entitled to a bereavement award under the Fatal Accidents Act 1976.

It is difficult to estimate how much a medical negligence case will be worth as compensation is calculated based on your individual circumstances. Therefore, if you have suffered a childbirth injury and think you could be eligible for compensation, call Paul Crowley & Co solicitors today to speak to one of our friendly team of child birth injury lawyers.

Paul Crowley & Co… on your side

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