It might be the case that you experienced a very uneventful ‘textbook’ pregnancy, were perfectly healthy and expected that the delivery of your baby would be much the same. However, if your baby is injured during your pregnancy or labour due to the actions of the nurses, midwives or doctors, it might be the case a claim could be brought on behalf of your child if the care provided was negligent.
These claims are legally and medically complex and the stress placed upon the family cannot be underestimated. At Nelsons, we have a dedicated and specialist team of experienced medical negligence solicitors who will seek to provide answers to the family, simplify matters for the family, offer advice during this emotional time and are accomplished in securing compensation.
Who can make a birth injury compensation claim?
We have a strong track record in helping families claim for a range of birth injuries, such as:
- Erb’s palsy
- Cerebral Palsy
- Fatality as a result of a birth injury
- Brain injuries caused by lack of oxygen
- Deafness caused by untreated jaundice
- Spinal injuries caused during birth
- Blindness or problems with vision caused by lack of oxygen
If at the time of bringing a claim, the injured party is under 18 years old, claims can be brought on behalf of the injured child by their parents.
Why should a family consider making a claim for their son or daughter?
For the clients we work with whose children have sustained injuries during birth, often their injuries can be life-changing and have a massive impact upon the family. As well as compensating the family for any financial losses sustained and seeking to compensate the child for their injury, bringing a birth injury claim has additional potential benefits, such as:
- Providing for the child’s future, including living costs and care
- Exploring and identifying treatment options for the child
- Adaptations to, or purchase of an appropriate accessible home for the child
- Providing private therapists and care throughout the claim
- Providing private treatment and operation costs
- Providing access to assistive equipment for the child and family
- Providing for payment of further compensation should the child’s condition deteriorate or change
As is evident, claims of this nature are rarely straightforward and do not simply involve one payout of damages at the end of the claim. For example, where it is possible, early partial payments of damages can be sought called interim payments. Interim payments can be paid by the Defendant towards items like therapy, equipment and home adaptations. As such, at Nelsons we do not underestimate our role in organising private care for our client and try to help ease the family’s financial burdens where we are able.
How long do you have to bring a birth injury claim?
If a claim is being brought for the death of a child who passed away during birth, you would have 3 years from their date of death to bring a claim. In other circumstances, where the clinical negligence claim is for a child under 18 years old, you have until that child’s 21st birthday to bring a claim.
Birth injury compensation claims – h
ow can Nelsons help?
Danielle Young is a Senior Associate in our highly regarded Medical Negligence team.
If you have been affected by the points raised in this article or would like any further information in relation to birth injury compensation claims, then please contact Danielle or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online form.
At Nelsons, our team prides itself on our friendly and professional service and we are always happy to discuss queries over the phone, via email or where appropriate at a meeting.