Birth Injury Claims – No Win No Fee

What is a birth injury?

Birth injury claims are legal claims brought by mothers who have been injured during childbirth or by parents on behalf of their child who has suffered injury or harm during childbirth. These claims can arise from a variety of circumstances, including medical negligence by healthcare providers, improper use of medical equipment, or failure to provide adequate care during the birthing process.

Common types of birth injuries that may lead to a claim include cerebral palsy, Erb’s palsy, brain damage, shoulder dystocia, and other physical injuries. These injuries can have lifelong consequences for the child, mother and their family, and may require ongoing medical care and treatment.

To pursue a birth injury claim, parents should consult with a personal injury solicitor who specialises in medical malpractice or birth injury cases. Our team of solicitors can help investigate the circumstances surrounding the child’s birth and determine if there is evidence of medical negligence or wrongdoing. If so, we can help to pursue compensation for damages, which may include medical expenses, future medical care, lost wages, and pain and suffering.

It’s important to note that birth injury claims can be complex and challenging, and may take a long time to resolve. The team at Beacon Law can guide you through the legal process and help you understand your rights and options.

Birth injuries relating to the baby

There are several different types of birth injuries that a baby can sustain during the birthing process. Some of the most common birth injuries include:

• Cerebral palsy: This is a neurological disorder that affects movement and coordination. It can occur if the baby’s brain is damaged during the birthing process, either due to oxygen deprivation or trauma.
• Erb’s palsy: This is a type of nerve injury that affects the baby’s shoulder and arm. It can occur if the baby’s shoulder becomes stuck during delivery, and the healthcare provider uses too much force to free it.
• Brain damage: Brain damage can occur if the baby’s brain is deprived of oxygen during delivery, either due to a prolonged labor, umbilical cord problems, or other factors.
• Fractures: Fractures, or broken bones, can occur if the baby’s bones are put under too much pressure during delivery, either due to a difficult delivery or the use of forceps or vacuum extractors.
• Facial nerve injuries: These can occur if the baby’s face is compressed during delivery, either due to a difficult delivery or the use of forceps or vacuum extractors.
• Bruising or swelling: Bruising and swelling can occur if the baby’s head or body is compressed during delivery.

These are just a few examples of the types of birth injuries that a baby can sustain. In some cases, these injuries may heal on their own with time and proper medical care. In other cases, however, they may cause lifelong disabilities or medical complications that require ongoing treatment and care.

Birth injuries relating to the mother

Childbirth is a complex process that can potentially result in a range of injuries for the mother. Some of the common birth injuries that a mother can sustain during delivery include:

• Perineal tears: This refers to the tearing of the tissues surrounding the vagina during childbirth.
• Episiotomy: This is a surgical cut made to the perineum to enlarge the vaginal opening during delivery.
• Uterine rupture: This occurs when the uterus tears during delivery.
• Pelvic organ prolapse: This happens when the muscles and ligaments supporting the pelvic organs become weak, causing them to drop down into the vaginal area.
• Postpartum hemorrhage: This is a severe bleeding that can occur after delivery due to the uterus not contracting properly. In worst case scenarios, failure to diagnose a hemorrhage can lead to fatalities.
• Incontinence: This refers to the inability to control the bladder or bowels.
• C-section complications: Women who deliver via C-section are at risk for complications such as infection, bleeding, and injury to the bladder or bowel.

It’s important to note that not all birth injuries are avoidable, but doctors and healthcare providers can take steps to reduce the risk of injury during delivery. If you or someone you know has suffered a birth injury or a healthcare provider has failed to diagnose their injury, it’s important to speak with a healthcare professional to understand the treatment options available.

Am I eligible to make an a birth injury compensation claim?

Whether you are eligible to make a birth injury claim will depend on the specific circumstances of your injury. Generally, if your injury was caused by someone else’s negligence or intentional actions, you may be eligible to bring a claim, for both mother and baby.

To determine whether you have a valid claim, it is important to consult with a personal injury solicitor. We can evaluate the facts of your case and advise you on your legal options. Some of the factors that may be considered when determining eligibility for a birth injury compensation claim include:

1. Liability: In order to make a successful compensation claim, you must be able to prove that someone else was at fault for your injury. This would generally be a medical professional who was present at the birth and caused harm or injury by negligence or malpractice.
2. Damages: You must also be able to demonstrate the extent of your damages. Evidence could include medical expenses, lost wages, and other financial losses related to your injury.
3. Time limits: There are time limits, known as statutes of limitations. These time limits dictate how long you have to file a compensation claim. Therefore, it is important to consult with a solicitor as soon as possible after your injury.

If you believe you may have a valid birth injury claim due to injuries you or your baby have suffered, it is important to speak with a personal injury specialist as soon as possible. Our team at Beacon Law can help you understand your legal rights and questions about birth injury claims, and work to help you recover the compensation you deserve.

What is the process of making a birth injury claim?

The first thing a person should do after suffering a birth injury seek the most appropriate medical treatment, whether it be at a hospital or your local GP. It is important to document all of your injuries and keep ahold of any official documentation outlining the diagnosis and/or medical treatments.

Our birth injury solicitors can then talk you through the process of making a claim, including the time limit regulations and an evaluation on the chances of your claim being successful. It is then important to gather all relevant evidence that can be used to support your claim for compensation. Evidence could include medical records and witness statements.

Our team will then file the claim on your behalf and inform all of the relevant parties to the case. We work tirelessly to achieve the best outcomes for our clients, and negotiate on their behalf to obtain the most appropriate compensation and medical care for their injuries.

If a settlement cannot be reached between the parties then a claim can be progressed to court proceedings for a judge to decide the final outcome of the case.

The process of making a personal injury claim can be complex, and it’s important to work with an experienced solicitor who can guide you through the process and help you achieve a successful outcome. Our birth injury claim solicitors are highly experienced and offer no win no fee agreements, meaning you will not have to worry about the legal costs of making a claim if you are not successful. 

Who can make a claim?

If you or your baby have acquired an injury during birth due to another party’s negligence then you may be eligible to make a medical negligence claim for compensation with our birth injury lawyers. This includes instances where the party is fully or partially responsible.

If you believe that you have a case for compensation, reach out to Beacon Law. Our experienced personal injury lawyers will offer expert advice on birth injury compensation claims.

How much compensation could you receive?

The amount of compensation you may receive for a birth injury claim depends on the type and severity of the injuries sustained, as well as any long-term care or lifestyle modifications required to help the claimant adjust to their new life. In general, the more serious the injury, the higher the compensation amount. Understandably, many birth injuries can be severe and life-changing in nature, and our solicitors can offer our services in a sensitive and compassionate manner.

Along with the main compensation, special damages may also be awarded to compensate for any financial losses incurred as a result of the injury. This could include lost earnings from time off work, loss of future earnings if the claimant is unable to work, medical expenses, travel costs, and ongoing care costs if needed. It is recommended to keep records of all financial losses incurred, including medical receipts and invoices, as well as evidence of loss of earnings.

It may be difficult for personal injury solicitors to provide an exact estimate of the compensation amount you may receive. However, undergoing a medical assessment can give a more accurate report of the injuries sustained and help determine the compensation amount.

In cases where immediate funds are needed, interim payments may be made. This is where a portion of the future compensation amount is paid to the claimant in advance. Interim payments are likely to be made if the claimant is unable to work due to their injury, or if they need to cover immediate expenses after the accident.

How long do you have to make a birth injury claim?

In the UK, the time limit to make a birth injury claim is generally three years from the date of the injury or from the date that the person affected became aware that the injury was a result of medical negligence. This time limit is set by the Limitation Act 1980.

However, for birth injury claims involving children, the three-year time limit does not start until the child’s 18th birthday. This means that the child or their parents/guardians have until the child’s 21st birthday to make a claim.

It’s important to note that there are some exceptions to these time limits, such as cases involving mental capacity or where the injury is not discovered until many years later. In these cases, the time limit may be extended.

It’s recommended that anyone considering a birth injury claim seek legal advice as soon as possible, as there may be complex legal and medical issues to consider. A qualified solicitor who specialises in clinical negligence cases can provide guidance on the specific circumstances of the case and help determine the appropriate course of action.

How can Beacon Law assist?

Whilst pursuing a birth injury claim, Beacon Law’s birth injury solicitors can be your source of support and will help you recover the amount of compensation that you deserve. We understand that the process of making personal injury claims can be difficult, so we will be there to guide you every step of the way.

If you or your child have suffered a birth injury due to negligence, we believe that you should have access to the best possible medical care and support available, and our personal injury compensation claim solicitors endeavour to provide this to our clients. Due to our association with medical professionals, we are able to provide you with private treatment to assist you in your recovery.

Our personal injury solicitors are able to provide expert legal advice for many types of claims aside from birth injuries, including brain injuries and bone fractures that have been caused by accidents at work, road traffic accidents, medical negligence, and many more.

We value each client that we have the pleasure of working with, listen carefully to our clients’ wishes, and will aim to complete your claim in a timely manner so that you can receive the compensation that you deserve as soon as possible.

Please do not hesitate to get in touch with our law firm today if you have suffered a birth injury and wish to discuss your case with a member of our experienced team. You can contact us using the online form below or email us at info@beaconlaw.co.uk.