Birth trauma claims

If you or your baby suffered birth trauma, you might have a claim for compensation if it was due to medical negligence.

Isobel Foenander, Cambridge

Starting your birth trauma claim

The birth of a child should be a time of happiness, excitement and celebration and most often, pregnancy, labour and birth is uncomplicated. However, from time to time complications arise.  

Every case of birth trauma is unique. If a doctor or midwife makes a mistake, during pregnancy, labour or just after the baby is born this may lead to devastating consequences for the mother, the baby, or both.  In very rare and sad situations, this may even cause the baby’s death (neonatal death) or the mother’s death (maternal death).  Birth trauma can change a family’s life forever.

You might have a claim for compensation if, as a result of negligence, you or your baby suffered from birth trauma.  A medical negligence claim is about providing security for the future.

Examples of potentially negligent care, which can occur during a birth trauma, and may cause injury to the mother, include:

  • failure to manage high blood pressure in pregnancy / labour (pre-eclampsia)
  • poor management of labour leading to uterine rupture
  • failure to manage a placental abruption
  • anaesthetic awareness during delivery
  • failure to manage excessive bleeding after delivery (a post-partum haemorrhage)
  • failure to diagnose and correctly repair a perineal tear involving the sphincter.

Examples of potentially negligence care, causing injury to the baby, include:

  • failure to detect an abnormality in the baby during pregnancy (a “wrongful birth” claim)
  • mismanaging the labour or delivery, e.g. failure to recognise that the baby is in distress during pregnancy or labour or to perform a caesarean section in a timely manner.  This may lead to the baby suffering a brain injury (e.g. cerebral palsy)  if starved of oxygen during delivery
  • improper use of medical instruments (for example, forceps or ventouse) during an assisted delivery 
  • excessive force on the baby during delivery which causes a fracture to the arm, shoulder or neck or an Erbs Palsy or brachial plexus injury
  • failure to identify that the baby has low blood sugar after birth (hypoglycaemia) and to treat this
  • failure to diagnose and treat a problem with the baby’s hips (congenital hip dysplasia).

Birth injuries to the baby may be or temporary (for example, a fracture) or may have a devastating and lifelong consequences (for example, brain damage at birth), resulting in complex needs. 

Our experience in birth trauma claims

We have helped many families affected by birth trauma. Our leading birth injury claims solicitors have a great deal of experience handling these complex cases.  

Often, parents do not understand what happened, or why it happened.  We help parents answer any questions that they may have and we help families move forwards, providing a sense of closure.  Sometimes, we are able to secure an apology from those responsible for your care.

We also, importantly, help families obtain compensation to secure a positive future.  Each case is different and depends on the nature and extent of the injuries.  

Where a mother has been injured compensation may be awarded for:

  • her pain and suffering
  • the effect on her day to day life
  • any additional support / care that she needs
  • any therapies or support that she requires to help process the situation
  • any loss of earnings that she may suffer
  • any other past or future expenses that would not otherwise have been incurred.

For a child, compensation may be awarded for his/her:

  • pain and suffering and the effect on day to day life
  • care requirements, including case management
  • aids, appliances
  • treatment and therapies
  • travel needs
  • accommodation needs
  • anticipated loss of earnings (in adult life)
  • any other past or future expenses that would not otherwise have been incurred.

Any award will provide financial security for your child’s future and adult life and will ensure that their needs are met.

Expert, local medical negligence solicitors

Tees is a top-tier Legal 500 Medical Negligence firm.  We are one of the longest-standing and most highly respected claimant medical negligence practices in the region, and we work with only the best independent medical experts.

All of our Team are members of the Association of Personal Injury Lawyers (APIL) and a number of our solicitors sit on specialist panels for the Law Society and AvMA (Action Against Medical Accidents).  We are also a member of Headway (the brain injury association), and listed on their Head Injury Solicitors List and are approved by UK ABIF (the UK Brain Injury Forum).

Tees has offices across East Anglia, and we regularly represent clients from across the country due to our expertise and the specialised nature of medical negligence claims.

No Win, No Fee claims

There are funding options available to help cover the cost of legal advice. The first is public funding – also called legal aid – which can cover all or some of your legal costs. Legal aid is normally only available in cases where a child has suffered a brain injury before, during or just after birth. It may be available if you are making a cerebral palsy claim on behalf of your child.  

Alternatively, in certain situations we may offer a conditional fee agreement (also known as a ‘No Win, No Fee Agreement’) and insurance. It means you can pursue the case without having to worry about paying any legal costs and if the case is not successful, there is nothing to pay.  If you win the case, most of the costs will be paid by the Defendant.

We will explain the options available after your free initial assessment.

Free initial assessment for a birth trauma claim

One of our leading medical negligence solicitors will assess your case free of charge. A solicitor has the expertise and experience to listen to what’s happened, and can advise as to whether you have a claim.

How to start your birth trauma claim

We’re here to listen and help you get the best for you and your family. Our medical negligence solicitors know just how devastating birth trauma can be, and we’re here to help you get the best result possible – including financial compensation, support and an explanation about what happened during your care. 

Call our Medical Negligence solicitors on 0800 0131165

For a free, confidential, no obligation chat, or fill out our enquiry form and we will let you know how we can help.

Enquiry form

We understand your situation and our expert team are here to help

Get in touch to speak with someone who can help you move forward.

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