Lawyer for Birth Injury Claims in UK

Birth Injury Claims

Childbirth generally can result in a joyful outcome but, as has been shown by recent NHS figures, there has been a rise in the number of birth injury claims when things go wrong. In certain cases, the treatment standards fall below the satisfactory level and causes an injury to the baby (or even to the mother) which can lead to an entitlement to make a claim for compensation. OH Parsons legal team, consisting of experienced medical negligence solicitors, can help you and your child get back to the position that would have been expected if no negligence had occurred.  OH Parsons is a firm of lawyers in the UK that has been representing clients across England and Wales with birth injury claims. We can advise and assist you in bringing a claim for compensation.

What is a birth injury?

This can be an injury which a baby (or mother) sustains before, during or after the process of childbirth and the injury or damage is caused due to the substandard treatment by medical staff involved. This can range from the staff being unable to identify some serious conditions such as gestational diabetes or pre-eclampsia and failing to take the necessary precautions to achieve a safe delivery. A faulty delivery procedure can also result in minor or major birth injury to the child.

What are the different kinds of birth injuries for which a child or parent can claim compensation?

There are a large variety of possible injuries but these can include:

      • Cerebral Palsy
      • Erb’s Palsy
      • Severe brain damage
      • Infection
      • Broken bones
      • Lack of Oxygen
      • Death of the mother
      • Damage to the mother gynaecologically
      • Problems for future childbirth or pregnancy for the mother
      • Stillbirth or neonatal death

What factors can lead to a birth injury?

Birth injuries can be caused in a number of ways and sometimes the injury is suffered without anyone being at fault. However, sometimes mistakes are made which should have been avoided. These mistakes can include:

      • Not identifying the distress signs in the baby such as low blood sugar levels and abnormal heartbeat.
      • Delayed delivery by too much time being allowed to pass before delivery was actually achieved
      • Attempting to deliver the baby while the baby’s shoulder is stuck inside the mother
      • Excessive force being used by the attending medical and/or midwifery staff in undertaking the delivery
      • Inexperienced medical and midwifery staff undertaking the delivery
      • Failing to recognise the urgent need for delivery and failing to undertake a caesarean section
      • Undertaking a caesarean section when a vaginal delivery was a more appropriate and safer method of giving birth.

How do I find out if I can bring a claim for compensation and how much compensation can I obtain?

To obtain compensation the Claimant has to be able to prove on a balance of probabilities that no reasonably competent practitioner would have acted in the way that the birth was achieved and that that failure caused injury or financial loss.  Independent medical expert evidence will be required.

Our team of experienced Solicitors can assist you in investigating and putting your claim together.  Please contact us to find out more and to discuss your possible claim on 0207 739 7277 or email us on info@ohparsons.co.uk. A free initial interview can be provided and we are prepared to take cases forward on a No Win No Fee basis as well.  We will listen to your recollections as to the birth process carefully and to understand your concerns as well as seeking clarification as to what you want to achieve through the process. We will then proceed to obtain all your relevant medical records and obtain a witness statement from you dealing with your recollection of all the related events.

The circumstances of the birth may have been the subject of a specific investigation by the hospital or you may have registered a complaint to the hospital or medical practitioners. We will obtain copies of the internal enquiry and complaint documentation as well as the medical notes to assist you in progressing your claim for compensation.

Claims of this nature are complex and clients need the assistance and input of experienced solicitors in this type of case. 

At OH Parsons, we have a team of experienced solicitors who can progress your claim.

It can often take a number of years to investigate a claim, assess compensation required and progress the claim to achieve the right award which ultimately has to be approved by a Judge as being in the best interests of the child. One of the reasons why claims can take a long time to conclude is that it often takes years to accurately forecast the long term prognosis of a child and this means that an accurate forecast of the amount of such things as future care requirements and accommodation requirements can only take place when a child reaches certain key stages of life.

By waiting a period of time can mean that a more substantial compensation award can be achieved. However, interim payments of damages can be achieved for the benefit of the Claimant as the case progresses. Compensation for future care requirements can be made by way of a Periodical Payments Order to ensure that money is paid for the entire lifespan of the child.

The amount of money received as compensation is unique to the circumstances of the individual Claimant. Some of the common factors are:

      • The severity of the injury caused
      • The time taken for recovery
      • The amount of care your child needs
      • Costs for medical treatment, care support, rehabilitation, home adaptations, and travel costs related to the treatment for which experts in such specialisms as paediatric neurology, care provision, occupational therapy, physiotherapy, speech and language therapy, accommodation, educational psychology, assistive technology, orthopaedics, Court of Protection fees and investment advice will feature
      • The time you take off from work and lose out on your salary due to your child’s treatment

Our experienced team at OH Parsons will ensure that you and your child’s needs are put first and that we will progress your claim to achieve the compensation award to which you are entitled.

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If you have a work related illness, we can help. our solicitors have recovered millions of pounds of compensation for those suffering illnesses or diseases.

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