Birth Injury Compensation

Birth Injury Compensation

Read our advice about Claims for compensation for problems in pregnancy

Our friendly team of specialist lawyers at Medical Solicitors have the wealth of experience needed to properly investigate medical negligence claims relating to pregnancy.

Our Director Caroline Moore took on her first Cerebral Palsy case in 1993.  She has also brought the oldest reported case in the UK in this area of birth injury, involving a Claimant born in 1964. Our team has recovered many millions of pounds in birth injury compensation for vulnerable clients and their families. Senior Solicitor, Christine Brown  has also developed expertise over the years in acting for Cerebral Palsy infants and babies who have suffered from Erb’s Palsy.

For more detailed information about Erb’s Palsy (how it happens and affects infants and their future) click here

Birth injury compensation claims should be investigated where:

  • there has been inappropriate advice given concerning pregnancy care options and the risks and benefits of the various options, leading to injuries to Mother’s and/or their children;
  • where there have been excessive delays in providing a Mother (or their infant) with treatment in pregnancy, labour and delivery; and
  • where there has been any substandard care that amounts to actual Medical Negligence. 

Do contact our friendly team of specialist lawyers at Medical Solicitors. We conduct most of our Clinical and Medical Negligence claims under ‘No Win, No Fee’ agreements, also known as Conditional Fee Agreements. So, our clients do not have to worry about how they can possibly afford to pay for the costs of birth injury claims. You have nothing to lose in speaking to us.

Problems in Pregnancy and Childbirth

Of course, Doctors and midwives aim to ensure both mother and baby are in perfect health; this is their chosen career pathway and most deliveries have positive outcomes!  However, tragically there are still far too many mistakes being made, often through staff shortages, or unwise decision making, for example, failures to call for medical review by midwives, failures to alert Consultants, or the paediatric team in good time and failure to recognise signs of distress in babies during long labours, or to recognise signs of placental abruption, which causes absolute agony for the delivering Mom and highly increases the chances of death, or serious and permanent injury to babies if fast delivery does not happen.

The government is now giving maternity units incentives to perform better, through discounts in their insurance premiums where they can show that they have:

  • Procedures to report and learn from bad outcomes; and
  • where they have set standards for training; and
  • ensuring that the most senior doctors adequately cover the wards. It really isn’t fair for senior Consultants to ‘pass the buck’ to more junior doctors, nor for junior doctors to feel they cannot approach Consultants who are at hoem and ‘on-call’ in worrying situations.

Litigation is said to place a strain on the NHS. However, without investigations and litigation there would be far less incentive for change. The government’s initiatives and the Hospital Trusts’ additional efforts to comply are leading to real improvements. Patient safety for both Mom and Baby is paramount.

Examples of just a few successful Birth injury compensation claim cases

£Millions to babies injured at birth, resulting in life-changing, permanent physical and cognitive disabilities. Often such vulnerable infants have long life expectancies but will not be able to live independent lives in adulthood, will not be able to work and will require full-time care, with complex care needs, involving medical nursing care, not just mere assistance with daily tasks. This can often be an enormous worry for parents who know that they will not always be around in the long-term to provide for their damaged child.

In cases where it can be proven that birth injury should have been avoided with better care, it can be an enormous comfort to parents to succeed on their child’s behalf in a compensation claim and then know that their child will be provided for throughout their lifetime.

£535,000 to a lady who at 24  had to terminate her pregnancy because of extreme morning sickness, leg weakness and other problems. After an unreasonable delay, a simple vitamin deficiency (thiamicin) was diagnosed. With treatment the mother improved, but it was too late to save the pregnancy, and also too late prevent the mother from suffering from permanent disability.

£245,000 to a lady who at 24 had her first child. She agreed with her doctor that she needed a caesarean section. A more junior doctor tried to deliver the baby normally which went badly wrong,  the baby died after a few hours. Mum had a severe psychiatric reaction and had to give up work.

£170,000 to a family for the loss of their wife and mother. She died during an operation to remove an ectopic pregnancy.

£100,000 to a 35-year-old woman, received £100,000 after suffering a post-partum haemorrhage in July 2010. She had to undergo a hysterectomy, as the result of which she was left infertile, and she suffered severe depression and anxiety.
Out of Court Settlement 21/3/2016: RC v AIREDALE NHS FOUNDATION TRUST (2016)

£115,000 to a lady who in her 30’s who suffers from permanent problems with incontinence after the failure to recognise that she had sustained a Grade 3C tear injury during childbirth and the failure to immediately repair the injury.

Follow our links below to quickly access our information pages about how we can help with a complaint about your pregnancy care, Inquests, funding a medical negligence claim and more:

Contact our Pregnancy and Childbirth Problems Medical & Clinical Negligence Claims Lawyers

We provide urgent legal advice and support for patients anywhere in England & Wales. We have doctors and barristers located all over the UK, who provide us with meeting facilities, in London, Birmingham, Sheffield, Yorkshire, Oxford, Manchester, Leeds, Hull, Liverpool, Newcastle and beyond. Our team will travel to see clients. We think it best to see our clients in the comfort of their own home over a cup of tea. You are not a number to us. Call or email our friendly team free of charge for specialist legal advice on a no win no fee basis today.

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