Injury to Babies Claims Solicitors

Advances in medicine and the expertise of medical professionals have made childbirth safer today than it ever has been for both mothers and newborns.

However, there are still risks before, during and immediately following birth that can jeopardise a baby's long-term health and wellbeing. Mistakes by healthcare professionals, although rare, can dramatically change the course of a newborn’s life, and the lives of their loved ones.

Below are some of the circumstances that could be grounds for a successful clinical negligence claim.

All babies are at risk during delivery, whether this is performed naturally, using forceps or ventouse, or by caesarean section. If the birth is mishandled, or warning signs are not reacted to quickly enough, the newborn can develop lifelong disabilities, or even die.

Mistakes that may occur during delivery include:

• Failing to see or address signs of oxygen starvation

• Causing head injuries due to mismanagement of the birth

• Forceful or inappropriate pulling of the baby, leading to nerve damage

• Failing to appropriately disimpact the baby's head during a caesarean section

• Incorrect or ineffective use of forceps or ventouse

• Failing to prevent or address an infection to the baby

These mistakes can lead to a wide range of outcomes for the baby, which can cause them to suffer in both the short and long term:

• Oxygen starvation may lead to Cerebral Palsy and other lifelong disabilities

• Mishandling of shoulder dystocia can result in substantial nerve damage to a baby’s shoulder, resulting in Erb’s Palsy

• Forceful pulling or inappropriate use of instruments may cause fractures, spinal injuries and more

Sometimes injuries sustained by a baby before, during or immediately following birth are unavoidable, even when the healthcare professionals on site did everything they could.

Sadly, this is not always the case. Inadequate monitoring, delayed responses and overall substandard care can completely alter the direction of a newborn’s life, and the lives of their family. When this happens, it is crucial that those responsible are held accountable, and that those affected are fairly compensated.

Like all medical negligence claims, proving a birth injury was negligent is the responsibility of the claimant against the Balance of Probabilities, and rests on three key elements:

1. Did a healthcare professional breach their duty of care towards the baby or its mother?

2. Did the baby suffer harm?

3. Was this harm a direct result of the healthcare professional’s breach of duty?

As specialist medical solicitors, we will thoroughly assess all available evidence, including medical records and witness statements, to establish whether your child’s birth injury was a result of negligence.

We will also speak with relevant medical experts – who must usually be both actively working in their field and aware of the legal tests to be satisfied – to determine whether the defendant’s action or inaction fell below the standard expected of them, and whether the child’s development has been affected as a result.

By comprehensively examining all evidence and working closely with our network of paediatric neuroradiologists, paediatricians, obstetricians and other healthcare professionals, we take every step to investigate a claim and quantify the amount of compensation a claimant is entitled to.

In a standard medical negligence claim, you would have a 3-year time limit from the Date of Knowledge of your injury to make a claim. When the claimant is a baby or young child, this is not the case:

• Claimants under 18 years of age have until their 21st birthday to make a claim

• Claimants considered mentally incapable have no time limit to make a claim

Furthermore, we would encourage anyone to speak to us about a birth injury claim even if you are concerned the injury occurred outside of these boundaries. All cases are at the discretion of the Court, and we have the experience to assess whether your claim is likely to be accepted.

The consequences of a substantial birth injury can have repercussions on every aspect of their future – where they live, if they can work, who they socialise with, what they can and cannot do, and so much more.

As such, the amount of compensation someone receives following a birth injury claim can vary immensely. A significant brain injury for example can drastically alter the course of a child’s life, securing millions in compensation to cover the costs of lifelong care, therapies and home adaptations.

Generally speaking, the level of compensation awarded in a birth injury claim will depend on the long-term care requirements of the claimant’s injuries, and how long they are expected to need this support. While the specifics will change from case to case, some costs that can be covered through compensation include:

• The salaries of round-the-clock or live-in care assistants

• Purchasing a more suitable home, and paying for home adaptations (wet rooms, ramps, garages, stairlifts, etc.)

• Medical aids and equipment

• Ongoing therapies (physiotherapy, hydrotherapy, speech and language therapy, etc.)

• Future loss of earnings (based on the achievements of their parents and siblings)

• The fees paid to a professional Deputy

At Gadsby Wicks Solicitors, we pride ourselves on giving you expert, end-to-end support, devoting the time and attention necessary to investigate your child’s case and secure the compensation they deserve.