What is a birth injury?
Occasionally, mistakes are made in ante-natal care, during labour and delivery, or soon after birth. If a baby, its mother (or both) are injured because of this and it causes them physical and/or mental damage, they are said to have suffered a birth injury or trauma. A birth injury can have a devastating impact on the whole family. Some children are severely disabled and require care for life. A mother who is injured can suffer pain and ongoing problems or may need surgery because of the damage. Those who have been affected by birth trauma may be entitled to claim for compensation.
Complex birth injury claims need specialist expertise
Birth injury claims can be particularly complex. This means they can also be extremely stressful for the family. At Gadsby Wicks, our lawyers have the specialist knowledge and expertise to build a strong case for you and will help guide and support you throughout your claim. Whilst it can't turn back the clock, the financial compensation achieved from a successful claim can help ease the burden of costs of care and equipment experienced by families who have been affected by a birth injury.
Birth injuries that can lead to a successful claim
- Oxygen deficiency at birth leading to conditions such as Cerebral Palsy
- Shoulder dystocia
- Spinal injuries and fractures
- Complications arising from Caesarean Section
- Perineal tears
- Uterine rupture
No Win No Fee
- Pay nothing upfront
- Pay nothing as the claim progresses
- Pay nothing if you lose
Medical Negligence Solicitor and Partner
“A mishandled birth can result in severe disability. Financial compensation can help towards paying for lifetime care needs.”
More about birth injury
Injuries to Babies
A baby may suffer a brain injury which leads to Cerebral Palsy as a result of lack of oxygen. This can happen during the ante-natal period, during delivery or during care after birth, including resuscitation.
A baby can also be injured through poor techniques when assisting with a delivery, such as using forceps or ventous. Injuries include Brachial Plexus injuries, spinal injuries and fractures to the skull or shoulder.
Injuries to Mothers
Mothers can experience trauma as a result of the birth itself, or through surgery to repair damage. Injuries include damage to the uterus, perineal tears and complications from Caesarean Section.
Who can make a birth injury claim?
A birth injury claim can be brought by a baby and a mother who have suffered avoidable injury because of the way the ante-natal care, labour or delivery has been handled.
How much compensation will I receive?
The level of compensation depends on the severity of the injury and the financial losses that the injury has caused or will cause in the future, such as loss of earnings and costs of care. Once we have investigated your claim and a definite decision has been made to go ahead, we will carry out a great deal more work on determining how much compensation you could reasonably expect to recover if your claim were to succeed in Court.
If the claim is settled out of Court, the amount of compensation is negotiated and agreed between the two parties through their solicitors. If the case goes to Court, a Judge will decide what is reasonable, based on the evidence.
Our Latest Birth Injury Case Studies
Leon died at 4 days old from sepsis which had gone untreated. Intravenous antibiotics could have saved him. Following an Inquest, at which the Coroner was critical of the hospital, breech of duty was admitted and Leon’s mother was awarded £35,000 in compensation. His father was awarded £4,000 and his grandmother £12,500 for the trauma they had each experienced.Read more
Mrs Miller became pregnant and, having terminated a previous pregnancy where she had been told that the baby had a chromosome abnormality called Trisonomy 13, had an early 8 week scan as recommended. She was referred for a further scan and chorionic villus sampling was performed to check for chromosomal abnormalities. She was then told that the…Read more
Ana Belmont was overdue in her pregnancy and had raised repeated concerns that her baby wasn’t moving enough. These weren’t acted upon early enough by midwives and the baby died in the womb. She had to go through a prolonged labour and her son was stillborn by forceps delivery. She also suffered a posterior prolapse (retocele). If Ana’s concerns…Read more
Our Latest Birth Injury News
Following the recent settlement of one of his cases – where a £9.5 million compensation settlement was agreed for a ten year old boy with Cerebral Palsy – specialist medical negligence solicitor, Alan Mendham, discusses birth injury claims. What does compensation for a birth injury cover? When a baby’s brain is deprived of…Read more
What can making a claim achieve?
Court proceedings are always extremely costly, stressful and time consuming and this is particularly true of clinical negligence claims. Therefore, it is important to understand what we can and cannot achieve. We are lawyers and our function can only be to try to obtain financial compensation for the injury that has been have suffered. This…
What happens at our first meeting?
If we believe that we may be able to assist you in pursuing a claim, we will need to meet you. An appointment will therefore be made for you to meet with one of our nurse advisers who are fully qualified nurses. If you are disabled or have child care responsibilities so that you are…
How will you pursue a claim for me?
Every clinical negligence claim is of course different. Therefore, the individual circumstances of your claim may require some of the following steps to be carried out differently, or not at all. Nonetheless, these are the steps that need to be taken in order to pursue most clinical negligence claims. Before filing your claim with the…
How will my claim be investigated?
As soon as the arrangements for funding your claim have been finalised and you have agreed to our terms and conditions of business, your claim will be allocated to one of our team of specialist lawyers who will then arrange to meet with you. At that meeting the lawyer will begin the task of preparing…
Glossary of medical terms
Abdomen The cavity of the body which extends from the diaphragm at the base of the thorax to the floor of the pelvis. Abducent nerve The 6th cranial nerve which serves muscles of the eye. Abduction Moving a limb outwards from the trunk. Abductor A muscle which tends to pull a limb away from…