The birth of a child is one of the times when you most rely on the care and expertise of medical staff. When the care you receive is not up to the standard you expect, this can have serious consequences for you, your child, or even both of you.
Thankfully, most babies are delivered safe and healthy, but if things should go wrong, you may be able to claim birth trauma malpractice compensation. We aim to make a difficult, distressing process as simple and clear for you as we can.
Our specialist team provides expert legal advice in different languages to clients who have been involved in medical negligence claims, including No Win No Fee birth injury claims, when there are injuries to the mother, baby or both. We operate on a No Win No Fee basis, meaning you won’t pay for our birth trauma solicitors’ services unless your case succeeds.
What is birth injury (birth trauma)?
There are many different kinds of birth injuries to mother and child, and sadly, some can be fatal. Throughout the birth, both mother and baby must be carefully monitored to help spot any signs of potential risk to their health or the chances of a safe delivery.
Birth trauma refers to any harm or injury sustained by a newborn or mother during the process of childbirth. These injuries can result from:
- Complications during labour
- Improper medical procedures
- Failure of healthcare providers to respond appropriately to signs of distress
Any trauma from childbirth can have long-lasting effects on a mother’s or child’s (or both) health, necessitating medical intervention and ongoing care. Severe traumas can significantly affect a child’s development.
What are common scenarios leading to a claim for birth injuries?
What are common birth injuries? Any harm or injury sustained by a newborn or mother during the process of childbirth can become a cause of action. As each case is unique, birth negligence claims are considered for many reasons.
There is no definite list of which traumas are to be compensated and which are not—the key aspect here is harm experienced because of someone else’s negligence.
While there are many different scenarios for how injury from birth can occur, some of the most common types of childbirth injuries are:
- Injuries to the mother, which can result in ongoing conditions such as incontinence
- Loss of oxygen, which can result in serious neurological conditions such as Cerebral Palsy
- Erb’s Palsy, which causes the baby’s shoulders to be misaligned
- Stillbirth, which can include any baby past the 24-week stage of pregnancy
- PTSD (Post Traumatic Stress Disorder) can be experienced by the mother after an extremely difficult labour, even when the baby is delivered safely
Any birth injury to a mother or a child can be very distressing, especially those resulting in the loss of a baby or a serious disability.
Many families need to claim for birth negligence compensation to pay for the specialist care required. They also find comfort in finding out where things went wrong, receiving an official apology for the birth medical negligence they suffered and knowing that they might help prevent similar incidents in the future.
How much compensation for birth injury might I receive?
The amount of traumatic birth compensation you receive very much depends on your specific circumstances. That’s why, if you’re looking for birth trauma lawyers’ help, it’s wise to get in touch with us promptly so that we can discuss the details of a birth trauma claim with you.
Whilst no amount of money can ever compensate you for the loss of a baby, it is only right that you should be compensated for the many ways it will affect your life.
You may be able to claim for the following if they are a direct result of your injuries:
- Compensation for distress and upheaval
- Loss of earnings and financial losses incurred
- Medical costs, prescription fees, care and rehabilitation costs
- Adaptations to your home or vehicle
- Damage to your property
- Travel expenses incurred
We can help you assess your future needs and work with you to agree on the level of traumatic birth compensation that you may be entitled to as a result of your negligent treatment.
Do I have a valid claim for birth injury compensation?
If you can answer yes to all three of the following questions, we recommend that you contact us to discuss your circumstances further:
- Was the incident within the last three years?
- Was someone else to blame for the incident?
- Were you or your baby injured as a result of the incident?
Answering ‘yes’ to all three doesn’t mean a successful claim is certain. However, these questions are key to a birth trauma claims process. Answering yes to all three does indicate that you have a greater chance of being entitled to a claim. Getting prompt specialist legal advice could be beneficial.
Because of the three-year time limit, it’s important that you contact us promptly so that we can start the process for you.
Why choose Litkraft Solicitors for No Win No Fee birth injury claims?
With extensive experience handling medical negligence cases, including childbirth negligence claims, our dedicated team combines legal expertise with a deep understanding of the emotional and physical challenges involved. Our No Win No Fee arrangement means there are no upfront costs, and you only pay for our birth injury solicitors’ services if your case is successful.
Litkraft Solicitors is about personalised and empathetic services when tirelessly fighting for fair compensation.
How do I begin a birth injury claim?
Call us on 0208 1111 911 or contact us through the website, and we’ll discuss your circumstances with you. The first call typically takes about 15 minutes, and during that time, we can usually determine whether or not it’s realistic to pursue a claim for birth negligence compensation.
FAQ
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Birth trauma compensation claim isn’t, unfortunately, a rare case, as medical negligence childbirth injuries can occur due to various medical errors and negligence. These claims are pursued to seek compensation for the harm to the mother and child and the possible long-term impact on the child’s life. Many families turn to legal experts to navigate the complexities of childbirth medical negligence cases.
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Parents or legal guardians can make a claim on behalf of their child. If the mother experiences trauma from childbirth, she or, in certain circumstances, other family members may be able to claim compensation.
While it is possible to file a claim without a lawyer, experienced birth injury solicitors can assist in pursuing compensation for both parties, ensuring that all aspects of the trauma from childbirth are addressed comprehensively. Traumatic birth compensation cases can be very complex and require a deep understanding of medical and legal intricacies.
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Yes, it is possible. If you believe that your child’s injury or birth injuries to the mother were caused by negligence, you can file a birth injury compensation claim regardless of whether the care was provided by the NHS or a private healthcare provider.
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To support a medical negligence birth trauma lawsuit, you will need comprehensive medical records, expert testimonies, and documentation of the injury and its impact. This can include hospital reports, witness statements, and any records of ongoing treatment and care. Any evidence plays a crucial role when seeking fair compensation.
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Yes, there are time limits for making a claim. Typically, you have three years from the date of the injury from birth or from when you first became aware of the injury to file a claim. However, exceptions may apply, especially in cases involving children. Yet, to understand the possibilities of the individual situation better, seeking legal advice as soon as possible is crucial.
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The timeline varies depending on the complexity of the case—even if there’s a valid claim and, likely, a successful case, birth injury litigation can take several months to a few years to resolve, as it involves thorough investigations, gathering evidence, and sometimes going to court.
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It varies significantly based on the severity of the experienced birth trauma malpractice and its long-term impact on the mother’s and child’s life. Settlements can range from tens of thousands to several million pounds, reflecting the costs of medical care, rehabilitation, and any special education needs.
Those looking for a birth injury law firm should know that factors influencing the settlement amount include the extent of negligence, the prognosis for recovery, and the future care requirements. Each birth injury lawsuit is unique, and compensation aims to provide financial stability and support for the treatment and affected child’s lifetime needs.
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