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Birth injury claims.
During childbirth, you entrust the medical staff to care for you, and your new child throughout the process, and look after you, using all the medical skill and care that they have. When medical negligence does occur, be it by a GP, midwife, or obstetrician, it can lead to life changing injuries, for you, and your new baby.
Birth injuries, also known as Obstetrics Injuries are any parents’ worst nightmare, and it is vitally important to secure the right legal advice and representation, if you have suffered negligence during your pregnancy, or from a birth injury of any kind.
MG Legal’s medical negligence specialists deal with birth injury claims on a regular basis, with all birth injury claims, for mum and the newborn baby, accepted on a NO WIN NO FEE basis, to ensure you do not have to worry about the financial aspect of your claim, and can move on with the rest of your life, with every penny of the financial compensation you deserve.
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 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
When you make a stillbirth compensation claim with our specialist birth injury solicitors, we will make sure to get to the bottom of what mistakes were made in your medical care, why the mistakes happened, who was to blame, and, in addition to financial compensation to help you and your family, will try to get an apology for you and your family from those responsible.
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.
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.
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.
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.
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.