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What is a birthing injury negligence claim?
Cerebral palsy is one of the most common birth injury claims that our medical negligence solicitors see, but there are many other types of birth injuries that can lead to birth injury claims.
Quite simply, any type of injury which occurs because of negligence whilst under medical care during childbirth will fall into this category.
Some of the most common injury types are:
Brain damage, usually from hypoxia, which can lead to conditions such as cerebral palsy and epilepsy;
Placental injury; whether by poor diagnosis or inadequate handling and risk assessment;
Downs syndrome, caused by failure to offer certain treatments during pregnancy;
Physical Injuries from cuts and bruises to dysplasia, broken bones, fistulas, perineal tears, often caused during birth;
Inability to bear future children, due to preventable complications or surgical errors;
Delayed recovery, caused by poor stitching or inadequate infection control;
Avoidable and treatable conditions such as pre-eclampsia, obstetric cholestasis and gestational diabetes;
Prolonged or permanent numbness and paralysis due to anaesthetic errors;
Organ and other internal injuries often caused during Caesarean Sections;
Pressure sores caused by failing to ensure the mother is turned regularly;
Hypoxic ischemic encephalopathy at birth (birth asphyxia)
These are, of course, only a small sample of the many things that can occur, and so, if you believe that any outcome from the birth of your child has led to an avoidable injury, contact MG Legal’s expert birth injury solicitors for a no obligation discussion about how we can help you, all on a no win no fee basis.
What types of negligence can cause birthing injury claims?
Early testing diagnosing and detecting mistakes- where certain conditions such as pre-eclampsia or ruptured placenta are not diagnosed properly leading to a possible birthing injury claim.
Birth Monitoring negligence- where checks are not properly carried out, meaning unnecessary damage and in some cases life-changing injuries occur.
Health screening mistakes– babies can be screened for conditions such as Down Syndrome, Spina Bifida, heart or brain defects and other developmental abnormalities, providing parents with the option to terminate their pregnancy.
Handling or incorrect equipment negligence- where mother and child can be injured by the incorrect handling of the child.
Midwifery and Obstetrics negligence– including induced labour, improper use of forceps or vacuum extractors during delivery and incorrect suturing.
Errors by anaesthetists- whether by administering too much or too little anaesthetic or by injecting the anaesthetic incorrectly, resulting in birth injury claims.
Poor surgical practice- such as injuring other organs during C-Sections, failing to monitor potential tears and fistulas and also failing to properly treat these afterwards.
Poor aftercare- such as failing to utilise incubators or other equipment, poor infection control, turning or positional monitoring, leading to birth injury claims.
Maternal infection- Maternal infection is an infection acquired by the mother who then transmits the infection to the fetus. This transmission can occur via the placenta before delivery or via the birth canal during labour and delivery when the baby is exposed to maternal blood.
Cord prolapse- Umbilical cord prolapse is a complication that occurs prior to or during delivery of the baby. In a prolapse, the umbilical cord drops (prolapses) through the open cervix into the vagina ahead of the baby. The cord can then become trapped against the baby's body during delivery
Cord compression- or Umbilical cord compression is a medical term used to describe a condition in which a baby's umbilical cord becomes flattened by pressure, resulting occasionally in heightened and extremely dangerous health risks for the unborn baby.
Uterine rupture- Uterine rupture is spontaneous tearing of the uterus that may result in the fetus being expelled into the peritoneal cavity. Whilst rare, Uterine rupture can occur during late pregnancy or active labour. Uterine rupture occurs most often along healed scar lines in women who have had prior cesarean deliveries.
Hypoxia- is condition of the body in which the tissues are starved of oxygen. Abruption of the placenta occurs when the placenta partly or completely separates from the inner wall of the uterus before delivery, decreasing the baby's supply of oxygen and nutrients and causing heavy bleeding inside the mother.
Delay in delivery - A delayed birth occurs when circumstances prevent an infant from being delivered during the normal time frame. Most times, if immediate medical intervention is provided, the infant may only suffer minor conditions and will go on to heal without problems.
Shoulder dystocia - The umbilical cord is the baby's lifeline; it delivers oxygen to the baby. Anything that disrupts the flow of oxygen through the cord can cause the baby to develop HIE. When shoulder dystocia occurs, the umbilical cord can get trapped between the baby's arm and the mother's pelvic bone.
Stillbirth - Common causes include infections, birth defects and pregnancy complications, like preeclampsia. 1 for every 45 births results in a baby being Stillborn. Typically defined as fetal death at or after 20 or 28 weeks of pregnancy, depending on the source. It results in a baby born without signs of life.
Erb’s Palsy medical negligence claims:
One of the most common types of birth injury claims, and that has the most impact on families, are medical negligence claims for Erb’s Palsy caused during child birth. So, ‘what is Erb’s Palsy?’. Erb’s Palsy is a birth injury causing paralysis to the nerves in the upper arm caused by injury.
Erb’s Palsy can be devastating for families, and have a huge impact on a child’s life as they grow up. It is often caused in childbirth when a baby’s shoulder becomes stuck after their head is delivered. When this happens, the baby may be unable to use their shoulder rand upper arm, but able to use their fingers normally.
Erb’s Palsy medical negligence claims require the assistance of medical negligence solicitor specialising in birth injury claims, and they can be very complex. If you are looking to make a Erb’s Palsy medical negligence claim for your injured child, do not hesitate to get in touch with MG Legal’s birth injury solicitors as soon as possible to discuss your potential claim.
How is Erb’s Palsy caused by medical negligence:
Common causes of Erb’s Palsy during childbirth are related to acts of medical negligence, and medical staff using excessive force during the birth.
Some of the causes of Erb’s Palsy are:
The improper or negligent use of forceps during childbirth
Failure to monitor the fatal size properly, and recognising when a cesarian should be done
Failure to review and recognise mother’s with small pelvises who are at high risk of Erb’s Palsy
Failure to take due care, and rushing the birth of the child
If your childbirth has led to Erb’s Palsy in your baby, and this was caused by the medical staff not taking due care, or acting negligently in any way, you could be eligible to make an Erb’s Palsy medical negligence claim with our medical negligence solicitors. A successful medical negligence claim would secure enough compensation for your child to have the future they deserve. Simply get in touch with us online here for a free consultation about your potential NO WIN NO FEE Erb’s Palsy medical negligence claim.
Cerebral Palsy birth injury claims:
Cerebral Palsy affects around 1 in 10,000 of the babies born in the UK, and is a long-lasting motor condition effecting body movement. Cerebral Palsy has no known cure, meaning that all steps must be taken to avoid it developing during child birth. Cerebral Palsy can occur when a baby is starved of oxygen during birth, and
it is thought that around 20% of these cases are caused by medical negligence and mistakes during the birth process.
If your child has suffered from Cerebral Palsy as a result of medical negligence on the part of the medical staff or midwives involved in the birth, our birth injury solicitors could help you to obtain the financial compensation that you and your family deserve to begin rebuilding your life. Cerebral Palsy birth injury claims are often significant in size and value, and require the help of a specialist birth injury solicitors such as MG Legal’s no win no fee medical negligence solicitors.
How can Cerebral Palsy be caused by medical negligence?
Cerebral Palsy often develops during the late stages of pregnancy or during the birthing process, and can be caused by a number of mistakes and problems, by the medical practitioners that are monitoring your baby. When Cerebral Palsy is caused by birth complications involving medical negligence, these situations can include:
Avoidable brain or head injuries
Avoidable delays during the delivery leading to oxygen deprivation
Undetected low blood sugar levels
Undiagnosed or delayed diagnosis of jaundice
Delayed diagnosis in medical conditions in the mother
These complications can all be avoided by medical professionals, midwives, and doctors detecting, and treating symptoms in both the child and the mother. If your child has developed Cerebral Palsy, and this was due to the medical negligence of a medical professional, you could be eligible to make a Cerebral Palsy birth injury claim with our solicitors.
If you and your family have gone through a stillbirth, you could have been left wondering if anything more could have been done to save your child. When you find that medical staff could have done more, or that they made a mistake in the treatment and care of your child, it can be extremely distressing.
Here at MG Legal, our medical negligence solicitors are here to guide and support you through the process of making a stillbirth claim for financial compensation, and we know how difficult it will be for you and your family.
No amount of financial compensation could come close to what your family have been through, but we hope that he compensation we help you to achieve will aid in your family finding closure, and rebuilding your life going forward.
What if I am losing money or have unexpected costs during my birth injury claim?
Often birthing injuries can mean you are unable to work due to your own injuries or needing to care for your injured child.
If you find yourself in this situation, your specialist personal injury solicitor will look to obtain an “interim payment” from the fault party. This is a payment made before settlement of your claim is agreed in full and is generally deducted from whatever final settlement is agreed.
NHS England to stop limiting cesarian birth numbers:
Under new plans to try and improve care for mothers and babies, and ensure the best care for maternity patients. Our birth injury solicitors know all too well how maternity staff can act negligently, make mistakes, and make decisions that are not in the best interest of the mother and her baby due to NHS guidelines. As part of these guidelines, maternity units have been encouraged to promote natural births and keep the Caesarean rate to around 20 per cent. However, it has now been realised that pressure should not be put on midwives and maternity staff in order to limit the number of cesarians being carried out on women.
NHS England chief midwife, Jacqueline Dunkley-Bent, sent out a letter to NHS Trusts in England saying that she was “concerned” by trusts focusing on hitting targets, and that she would ‘ask all maternity services to stop using total Caesarean section rates as a means of performance management, as we are concerned by the potential for services to pursue targets that may be clinically inappropriate and unsafe in individual cases.”
This is a concerning idea, suggesting that NHS Trusts and midwife staff have possibly been putting their hitting of NHS targets above that of the safety of their patients, and that these targets have been influencing the medical decisions made toward mothers and babies. In recent months, the medical failings of The Shrewsbury and Telford Hospital NHS Trust maternity unit were reported on, in a leaked report put together by midwifery expert Donna Ockenden.
Royal College of Midwives Opinion:
Speaking on the decision to remove targets such as these for medical staff in order to prevent the best medical decisions being made for patients, the chief executive at the Royal College of Midwives (RCM) said: ‘While we welcome the decision by NHS England to remove targets that penalise maternity services for higher caesarean section rates, it's a shame it's taken so long. Decisions about clinical care should be made in the best interests of the woman and her baby.” This support was also shared by The Royal College of Obstetricians and Gynaecologists (RCOG), claiming that 'These targets are not appropriate in individual circumstances. Both vaginal and caesarean births carry certain benefits and risks, which should be discussed with women as they choose how they wish to give birth. Women giving birth should feel supported and their choices should be respected. The RCOG does not promote one method of birth over another.”
Our birth negligence and midwifery negligence solicitors were pleased to hear about these updates, and the removal of these strictly imposed targets on midwives and other medical staff. Our team know more than most that women and their children are affected every day in England and Wales by negligent decisions and actions by medical staff, that are made against the patient’s best interest. If you have been injured or suffered in any way due to negligent midwife care, you could be eligible to make a no win no fee birth injury claim with our specialist medical negligence solicitors. Our medical negligence solicitors at MG Legal accept all of our birth injury claims on a no win no fee basis, and we have a success rate in excess of 99% for all medical negligence claims that we accept.
To speak to a no win no fee birth injury solicitors about making a potential birth injury claim, get in touch with us today, here, and speak to a solicitor within one working hour. When you speak to us about your potential birth injury claim, you can speak to someone who will become the designated solicitor for your file when we accept your no win no fee birth injury claim, for a free, no-obligation consultation.
What sort of injuries and awards can I recover for my birth injury claim?
Awards for birthing injuries can vary greatly depending on the severity of the injuries, their effect and a host of other factors. Regarding the injury alone, not taking into account the other types of compensation, the Judicial College values injuries as follows:
Estimated financial compensation for injury:
Very severe brain damage: At the top of this bracket there may be some ability to follow basic commands, recovery of eye opening and sleep and waking patterns and postural reflex movement
£264,650 to £379,100
Less severe brain damage: In these cases the injured child will have made a good recovery and will be able to take part in normal social life and a return to work. There may not have been a restoration of all normal functions so there may be persisting problems such as poor memory and concentration or disinhibition of mood which may interfere with lifestyle, mood and future work prospects
£14,380 to £40,310
Epilepsy- in the form of established Grand Mal seizures
£95,710.00 to £140,870.00
Infertility- whether by reason of injury or disease, with severe depression, anxiety and scarring
£107,870 to £158,970
Infertility resulting from failure to diagnose ectopic pregnancy- where there are resulting medical complications. The upper end of the bracket will be appropriate where the complications are significant
£31,950 to £95,850
Injury to the pelvis and hips- without major permanent disability and any future risk is not great
£24,950.00 to £36,770.00
Injury to the arm- less severe, whilst there will have been significant disabilities, a substantial degree of recovery will have taken place or will be expected
£18,080.00 to £36,770.00
Every medical negligence case is different, so rest assured, MG Legal’s specialist birth injury claims solicitors will ensure that fully comprehensive medical evidence is obtained so that when your claim is settled, you will be more than confident that no stone has been left unturned and you, and your child, have received all of the compensation, you rightly deserve.
Why choose MG Legal's medical negligence solicitors for my birthing injury personal injury compensation claim?
When you instruct MG Legal to act on your behalf on a birth injury claim, our medical negligence experts will explore every avenue of argument, work with the best medical specialists, and employ every negotiating tactic to ensure your claim really does have the best chance of success at every step.
MG Legal’s medical negligence experts have access to the most prominent consultants in the department of obstetrics and gynaecology, so that any medical report prepared will fully detail the full nature of your, or your child's, injury.
The confidence in our own ability is demonstrated by the fact that we accept all of our medical negligence claims, on a NO WIN NO FEE basis, meaning that if your claim is unsuccessful, then you owe us nothing. Still, with a success rate of over 99%, this is rarely the case.
Contact us today, here, for a no-obligation discussion of your potential claim.
What can stillbirth claims be made for?
There are a large number of medical mistakes, and acts of medical negligence, that can lead to a stillbirth, or prevent issues causing stillbirths being detected early enough.
You could be eligible to make a stillbirth compensation claim if any of the following mistakes were made by a doctor or member of medical staff:
Failed to provide the necessary regular checkups throughout pregnancy
Failed to refer you to a specialist consultant if any of your test results showed unusual results or problems
Misread test results
Missed clear and obvious symptoms that were presented
Failed to treat symptoms properly
Failed to treat symptoms as soon as possible
Making a stillbirth claim is about allowing your family to find out what happened, who was to blame, and allow you to begin to rebuild your lives after the traumatic event, and obtain financial compensation in order to help with this process.
Our team of birth injury solicitors know how difficult it can be to discuss what you have been through, and that you might find it difficult to work with a solicitor and communicate with them throughout the process. Our no win no fee solicitors act with care, compassion, and patience with all of our clients throughout the stillbirth compensation claim process, and offered a tailored service allowing you to work with your designated solicitor in a way that best suits you.
Your designated solicitor will always be at the other end of the phone and happy to provide any updates, or answer any questions that you might have, in clear, easy to understand language.To speak to our team about making a stillbirth compensation claim, simply contact us online here for a free, no-obligation consultation.
A recent case study of a birth injury medical negligence claim, from Royal Oldham Hospital:
Baby T was born in Royal Oldham Hospital, and on his cranial ultrasound scan a congenital abnormality was recognised, leading to his being given a blood test to check his hormone levels. However, despite the results of this test being available, Baby T was discharged before they results were checked. Despite returning to hospital appointments after this date, the results were never checked, and Baby T never received the medical attention that he required.
In the hearing for the case, the Hospital Trust accepted that a shocking number of 14 failures happened in the medical care of Baby T, and it was concluded that he died of natural causes contributed by medical negligence and neglect. This is just one example in the North-West area of how seemingly small medical mistakes, or acts of medical negligence regarding a birth injury can have devastating effects, leading to large birth injury claims.
Here at MG Legal, we are well experienced in large-scale, high-value birth injury claims similar to this upsetting case, and are there to help any clients who feel that they have suffered medical negligence or negligent care during their child birth which has led to injury, illness, or harm of them or their child.
We represent families with compassion, empathy, and respect, and go above and beyond to ensure that the claims process goes smoothly, and without stress, to allow them to focus on the grieving of their loved one and rebuilding of their life.
To speak to our birth injury claims specialists, simply contact us online here to speak to a solicitor today, on a free, confidential, no-obligation basis about your situation and potential claim.
How long have I got to make a birth injury claim?
Subject to the Limitation Act 1980, if you have been injured as a result of negligence you have three years from the date of negligence, or the date you became aware of the negligence, to pursue a birth injury claim for your own injuries.
If you are a parent or guardian looking to claim on behalf of an injured child or baby, you can do so any time before their 18th birthday. When your child reaches the age of 18, if they ae deemed to have mental capacity, then, from the age of 18 they have three years to make a claim (until they turn 21). If you’re claiming for a child who has passed away as a result of a birth injury, you also have three years to make a birth injury claim from the date of death.
If you have any questions or queries about bringing a birth injury claim forward, then do not hesitate to contact MG Legal’s team of medical negligence expert solicitors. We will tell you immediately if we think you have a viable claim, and confirm if we can accept your instruction on a no win no fee basis.
£2.8 million awarded to couple who lost their baby due to Nottingham Hospital Trust maternity failings:
In what is thought to be the largest financial settlement for a stillbirth medical negligence claim, a couple has been awarded £2.8 million in an out of court settlement for the negligent treatment they received for their unborn child, resulting in a stillbirth. In April of 2016, Jack and Sarah Hawkins baby girl, Harriet, was stillborn in Nottingham City Hospital due to a mismanaged labour. When the couple began investigating the cause of their child’s death, the Nottingham Hospital Trust repeatedly attempted to blame the death on an infection which simply did not exist. In 2017, a Root Cause Analysis Investigation Report found 13 problems in the case and the treatment that Sarah received during labour, and concluded that Harriet’s death was ‘almost certainly preventable’.
The report spoke of a number of failings that our medical negligence solicitors were shocked to read, including a 'lack of midwifery leadership','inadequate processes to support communication of clinical information, poor safety culture and lack of governance in relation to reporting serious clinical incidents”. Because Harriet was stillborn, there was no inquest into her death done by the NHS. Jack and Sarah have now opened up about the large number of families who have since reached out to them about their similar experiences, revealing the scale of the problems at Nottingham Hospital Trust, and the tragic impact that they have had.
This settlement comes after an independent inquiry into the maternity services at the trust was announced, which has paid out at least £91million in financial compensation in recent years for over 30 deaths and 46 brain injuries. If you believe that you have experienced medical negligence during labour or childbirth, you could be eligible to make a medical negligence claim with our specialist solicitors. Simply contact our team online here for a free, no-obligation consultation with a solicitor within one working hour.
NHS to tackle 'unfair' maternity outcomes:
With a worrying number of maternity negligence occurring up and down the country, our no win no fee maternity negligence solicitors are happy to see that a task force has been set up to tackle disparities in maternity care experienced by women belonging to minorities and living in deprived areas.
In recent months, studies have shown that black women are 40% more likely to miscarry than white, and other findings have seen higher rates of miscarriage for women living in deprived areas. According to Royal College of Obstetricians and Gynaecologists head Dr Edward Morris, bias is playing a role in maternity care, and is having an impact on the level of care being provided. Patient Safety and Primary Care Minister Maria Caulfield said: 'For too long disparities have persisted which mean women living in deprived areas or from ethnic minority backgrounds are less likely to get the care they need and, worse, lose their child…we must do better to understand and address the causes of this.”
The NHS task force being set up to challenge the medical negligence occurring in maternity care, coined The Maternity Disparities Taskforce, ‘will help level-up maternity care across the country, bringing together a wide range of experts to deliver real and ambitious change so we can improve care for all women’.
The NHS maternity task force will meet every two months and focus on:
improving personalised care and support plans
addressing how wider societal issues affect maternal health
improving education and awareness of health when trying to conceive, such as
taking supplements and maintaining a healthy weight
increasing access to maternity care for all women and developing targeted support for those from the most vulnerable groups
empowering women to make evidence-based decisions about their care
If you have suffered from injury or illness as a result of negligent maternity care, then simply get in touch with our no win no fee medical negligence solicitors, here, for a free, no-obligation chat about your potential claim.
Our team of maternity negligence solicitors here at MG Legal have over 30 years’ experience in medical negligence claims, and an unmatched success rate in excess of 99%. Call our no win no fee solicitors on 01772 783314, or simply email our team at email@example.com and hear back from a specialist no win no fee solicitor the same working day about your no win no fee maternity negligence claim.