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Birth Injury Claims

Medical Developments over the course of the last few decades have meant that significant injuries to a new born baby are much rarer than they used to be. Unfortunately, problems still do arise. Not every injury to a baby at birth is the fault of the clinicians involved. Far from it, childbirth still brings with it natural dangers for both the mother and the unborn child.

On rare occasions, the clinical process lets both the mother and the unborn baby down and birth injuries can occur as a result of clinical errors.

Thankfully, many clinical mistakes can be rectified by an emergency caesarean section and both the health of the unborn child and the mother can be preserved. However, if you have been obliged by a clinical mistake to undergo an emergency caesarean section, this is a very serious issue for you as a mother and it may be possible for you to bring a claim for compensation for this.

In more serious cases, a birth accident can lead to a serious injury to your unborn child. Fylde Law's experience of these claims means that we are able to support you in every aspect of your family life. We not only understand the interaction between the medical issues, but are able to support you through a difficult time. Please feel free to contact the Clinical Negligence team at Fylde Law, either by telephone or via the quick link on this page.

We hope that the answers we've provided to the following Frequently Asked Questions will be of help ahead of contacting us.

What kind of injuries to a mother can be claimed for?

There are numerous examples of injuries to mothers which can be the subject of a claim. These include perianal tears, a failure to scan and ascertain the position of a baby prior to arranging a caesarean, mistakes in stitching tears, injuries caused by incorrectly performed caesarean sections, poor management of pre-eclampsia and errors by Anaesthetists.

What kinds of injuries to babies can be included in a compensation claim?

These are numerous and wide ranging. Obvious examples include brain injuries, due to the baby being starved of oxygen during the birth, cerebral palsy and fractures to the arms, legs, skulls or any part of the skeleton.

Whilst not an injury at birth, a failure to diagnose hip dysplasia in your new born baby can also lead to a claim for damages for Clinical Negligence.

My child has a serious brain injury. How do I know if this was the Surgeon's fault? Can you help me investigate this?

Yes, our specialist Clinical Negligence team can help investigate this. We can obtain your clinical records and can ask leading Gynaecologists and Obstetricians to help us work out whether your child's brain injury has arisen as a result of a clinical
error.

There are a number of mistakes which might lead to brain injury. They include a failure to carry out a caesarean section properly, a failure to monitor a baby's heartbeat during birth, a failure to use forceps, or mistakes in the way that forceps have been used.

How much compensation will I be entitled to and when can we expect to receive it?

This is a very difficult question. The level of compensation very much depends upon the severity of the injury. For severe brain injury claims, compensation awards can be worth several million pounds. It is very important to establish at an early stage whether there has been a clinical error and this will be at the forefront of our investigations. We take the approach that the sooner we can establish that there has been a clinical error, the sooner we can obtain interim funding from the NHS to help you and your child with your needs.

If you would like further information or to discuss making a claim, please contact us on 01253 293 106, or complete our 'quick enquiry' form and we will be happy to have a no obligation, informal chat with you.

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