Birth Injury Claims

Birth Injury Claions

Having a healthy birth without complications is what every party involved in the pregnancy hopes for. Unfortunately, this does not always happen. Accidents can happen at the birth of your baby on the part of the medical staff which leads to an injury to the baby or at times a traumatic birth injury to the mother. Birth injuries can happen because of mismanagement of pregnancy, delivery, or aftercare. Sometimes injuries are not always noticeable at birth and can manifest months or years after the birth.

Birth Injuries

These injuries occur during or immediately after the delivery process. These types of injuries can include nerve damage, broken bones and brain damage. It is important to note that some injuries can be unavoidable, for example in instances where the baby is in a breech position. However sometimes a birth injury can arise due to the negligence of the medial staff delivering the baby. 

Birth Defects 

A birth defect happens when the baby is developing in the womb and can affect any aspect of a baby’s body. This can naturally occur as the baby develops. Sometimes it can be as a result of toxins or medications that the mother is taking. 

Common Types of Birth Negligence Claims

In any medical negligent claim, it is important to clearly determine if the injury was a result of negligence by a third party. In order to have the basis for a successful claim, it is necessary to prove that medical staff breached their duty of case. The type of trauma that birth injuries can have on a baby can be life-long and effect the quality of life of the child. Some common childbirth malpractice cases are: 

  • Seizures 
  • Hip Dysplasia
  • Brain Damage
  • Perinatal Asphyxia (baby does not receive enough oxygen)
  • Cerebral Palsy
  • Erb’s Palsy
  • Pelvic Injuries During Birth
  • Untreated Jaundice, Kernicterus and Hyperbilirubinemia
  • Still birth. 

Sometimes an injury to the mother can be sustained during the childbirth process. Inadequate medical care can lead to:

  • Complications Caused by Delivery Using Forceps
  • Abnormal Bleeding 
  • Pelvic Injuries during birth
  • Vaginal Tears or Lacerations
  • Incorrect Caesarean Section
  • Infection
  • Post-traumatic stress disorder
  • Wrongful Death of the mother

There is a difference in the limitation periods in birth injury cases depending on the circumstances. You can make a claim on behalf of your child any time before their 18th birthday. If a mother has suffered injuries during childbirth, they have a period of two years from the date they suffered the injury. This is called the Statute of Limitation. 

If you or your child has suffered as a result of a birth injury, get in contact with one of our solicitors today as you may be entitled to compensation. 

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Sarah McAuley is head of our Litigation Department. If you have been subject to medical negligence, you may be entitled to compensation. Talk to Sarah today to discuss in complete confidentiality what options are open to you.

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