Roughly 700,000 babies are born annually in the UK. Claims have been made that 70% of these babies will somehow be affected by a birth injury. A birth injury is classed as any form of damage that may occur to a newborn before, during, or after delivery. The most common forms of birth injury are extremely minor, but in some rare cases birth injury may be more severe, and could even leave a child struggling with lifelong health issues.
If a birth injury occurs as a direct result of negligence on the behalf of a doctor or hospital, the British legal offers many options for you and your child, with the pursuit of compensation to aid support.
As most mothers will agree, labour is a very traumatic, but ultimately rewarding experience. It’s one experience that you would hope never has any complications, yet unfortunately it can. These complications can be much worse if doctors react ineffectively. This could be anything from a doctor being too forceful during labour, failing to realise the size of the baby, or even failing to react quick enough.
One of the more likely circumstances is that a baby becomes deprived of oxygen, which can lead to brain damage, and permanent disability. This can come about from a baby is too large, or when surgical delivery is needed, but not provided quickly.
Common Types of Negligent Birth Injuries
Not all birth injuries will be the same. Each of the following is known to occur as a result of birth injury.
- Brachial Plexus Palsy, Erb’s Palsy, Klumpke’s Palsy – The brachial plexus is a bundle of five major nerves extending from the spine, through the shoulder and to the tips of the fingers. When these nerves are damaged during birth, it can cause partial or total paralysis.
- Cerebral Palsy – Cerebral palsy is a permanent condition caused by brain damage before, during or shortly after birth.
- Perinatal Asphyxia – Occurs when there is in sufficient blood flow to tissues.
Filing a Claim for Birth Injury Compensation
If the worst case scenario happens and you find yourself in a situation where you are eligible for compensation, you must first establish a legal case. The first step of which is to talk to experienced solicitors within the field, who will be able to provide advice on how to go forward. They will be able to point you in the right direction for any support you may need, as well as assisting your claim.
Before any claim case begins, an investigation must take place. This investigation will look at the medical care given at the time of injury, just to make sure where the blame falls. Claims by adults can be made until a child’s 18th birthday, and a child can make a claim for themselves up to the age of 21.
It’s worth noting that due to the nature of many claims, they can on the rare occasion, take several years to complete.