Birth injury compensation claims
We all want the birth of a child to go as smoothly as possible. However, there can be complications, and a birth injury to the mother or child can turn the experience of childbirth into an exhausting ordeal.
If you've suffered a birth injury and you think someone else may be at fault, it's worth calling our friendly legal advisors to see if they think you have a claim.
Causes of birth injuries
There are many reasons why birth injuries may take place. Minor birth injuries, such as swelling and bruising to the mother or child, are very common and will generally heal naturally within a few weeks.
There are also a number of reasons why birth injuries or difficult births could take place despite nobody being at fault, such as when births are complicated by a baby being unusually large, being born prematurely or having an abnormal birthing presentation such as a breech delivery.
However, sometimes birth injuries can be attributed to mistakes made by doctors or other hospital staff. In these cases, it is important for parents to find out if they are eligible to claim for compensation, especially if that injury has proved to be life-changing.
Types of birth injury claims
Birth injury claims fall in to two categories, the first being an injury to the baby, the second being an during the pregnancy or birth.
We can help with either of these types of personal injury claim, including birth injury claims such as:
- Wrongful birth
- Nerve damage
- Perineal tears (more below)
- Injury caused by C-section (more below)
Perineal tears: third and fourth degree tears
There are clear protocols for the management of tears which occur during childbirth. For example, a second degree tear may be stitched (sutured) on the ward, but third and fourth degree tears, due to their complexity, should be dealt with in an operating theatre. If you feel your third or fourth degree tear was missed or wrongly treated, you may be entitled to compensation.
Cut to the baby from a C-Section
A C-Section involves an operative procedure where one or more incisions are made through the mother's abdomen and womb (uterus) so the baby can be delivered. If your child was cut and required stitches following a C-Section, you may be able to make a birth injury claim.
Bladder injury from a C-Section
Cutting a bladder during a C-Section is not, in itself, typically considered to be negligent. However, if the damage to your bladder was not recognised and dealt with, it could amount to negligence.
Bowel injury from a C-Section
If your bowel was injured during a C-Section, and it was not repaired at the time, this may have made you unwell due to bowel contents leaking and causing an infection or blood poisoning (sepsis). Contact us if you believe you've experienced this type of birth injury.
Even if the injury you or your baby suffered isn't listed above, we will still be able to help you if the injury was caused by medical negligence.
What to do following a birth injury
If you've experienced a birth injury, a compensation claim may not be the first thing on your mind. However, we do know that compensation can make it easier to get through the difficult period that follows.
We have specialist birth injury solicitors across the UK who are able to help you make a case for compensation for a number of birth injury claims.
In order to decide whether you're eligible to claim, they'll need to work out a few crucial details such as:
- Was the injury avoidable?
- Was the standard of care high enough?
- Did that specific action result in a birth injury?
If you're not sure of the answers to these questions, don't worry. Our friendly legal advisors are happy to talk through your experience with you to assess whether you may be eligible.
Making a birth injury claim
We have been helping people make compensation claims for over years' and have experience in dealing with a number of birth injury claims.
If you feel your midwife, nurse or doctor was in breach of their duty of care, resulting in an injury to you or your child, call our helpful advisors today on for a no obligation chat regarding your birth injury claim.