Birth Injury CompensationHow much compensation for birth injury

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Injuries at Birth


Should something go wrong during the birth of your baby due to the negligence of a midwife, doctor or other healthcare professional, you might be entitled to make a claim for birth injury compensation. Below, we outline some of the birth injury claims we have dealt with.

Cerebral Palsy at Birth

Cerebral Palsy

Cerebral Palsy is a brain injury which affects the body’s movements and can be caused by the baby suffering a lack of oxygen during delivery. This can sometimes be as a result of mismanagement by medical professionals and the baby suffering from a lack of oxygen for a certain length of time. Cerebral palsy claims often result in high compensation pay-outs due to the expensive costs of treatment, therapy and equipment needed to manage the condition but once obtained the funds can significantly improve the sufferer’s quality of life. Please contact us if you think you might be eligible to make a claim for Cerebral Palsy compensation.

Forceps Delivery/Ventouse Delivery

Should the baby become distressed during the birth, a forceps delivery or ventouse delivery may be required to help pull the baby out. Each of these methods should be used only in specific circumstances with a trained medical professional present to advice on the most appropriate method. This is really important because if the wrong decision is made then there could be scarring to the baby’s face or head as well as nerve damage. If your baby has been injured in this way then you could be entitled to make a claim for compensation.

Birth Defects

Types of birth defects include Down’s syndrome, holes in the heart and club feet and some are simple to diagnose using blood tests or scans. Tragically though, some birth defects do go undiagnosed and should a birth defect that is usually simple to diagnose not be detected by a healthcare professional, perhaps due to a lack of training or faulty scanning machine, you may be entitled to make a claim for birth injury compensation. Sometimes, a mother chooses to terminate a pregnancy rather than give birth to a child with a physical or mental disability and often compensation for these types of injuries goes some way to funding the costs associated with raising a disabled child. Digby Brown.

Cerebral Palsy at Birth

Maternal Diabetes/Gestational Diabetes

Maternal diabetes (otherwise known as gestational diabetes) is a type of diabetes that can develop during pregnancy. The condition carries the risk of miscarriage or of the developing baby suffering birth defects if it is not spotted by a qualified health professional. It can also see the baby growing particularly large and lead to birth difficulties. If a healthcare professional fails to diagnose maternal diabetes and this leads to problems further down the line then you might be entitled to make a claim for birth injury compensation.

Pre-Eclampsia

Pre-eclampsia is serious condition which in very extreme circumstances can be fatal for both mother and baby. The condition is caused by a defect with the placenta and can have such serious implications because the placenta carries all necessary oxygen and nutrients to the baby. It can only be diagnosed by carrying out regular blood pressure checks and urine samples and is therefore vitally important for midwives to see expectant mothers for antenatal checks regularly. Should a healthcare professional fail to diagnose the condition and you or your baby suffer as a result, you might be entitled to make a claim for compensation.

Congenital Hip Dysplasia

This is a condition which affects the hip joint and it is believed to be a genetic condition. All new-born babies should be screened for the condition, with checks also made at 6 months and intermittently when other development checks are carried out. If found early prognosis is good, however should it not be detected more complicated surgery might be required, with risks of complications in later life too. If your baby suffers as a result of negligent care, then you might be entitled to make a claim for compensation. h3>Episiotomy Cases An episiotomy refers to a surgical incision made to make the baby’s delivery easier should they be in distress or it is thought that the mother’s skin will tear without it. However, should a healthcare provider perform the episiotomy incorrectly or not at all when it is clear that it is needed, potentially leading to second or third degree tears to the skin or other problems such as incontinence, you might be entitled to make a claim for compensation.

Erb’s Palsy/Brachial Plexus Injuries

The unborn baby’s size needs to be monitored during the entire pregnancy to make sure that appropriate plans can be made for the birth. For example, should the baby be much larger than normal and it is thought the usual methods of delivery will be insufficient then alternative arrangements can be made like a Cesarean section. If no action is taken and the baby is very big, the shoulders can get stuck during the birth, causing an injury or worse, death. In any case, you will be able to make a compensation claim for injuries such as this.

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Claiming For Medical Negligence 


Clinical Negligence Claim

There are times that the medical procedures and care we receive may fall short of everything you expect to receive, and things can go drastically wrong, leaving you worse off and perhaps, severely injured. Watch our medical negligence videos for more information about making a medical claim.

The Surgeon with the God complex

In a high profile news story this week, a surgeon who allegedly carried out completely unnecessary operations has been convicted of intentionally wounding patients. Ian Paterson, 59, from Altrincham in Greater Manchester has been granted bail and is due to be sentenced late this month. During the 7-week hearing some of the surgeon’s victims gave statements about how Paterson misled them into thinking that they had serious medical issues and carried out operations for conditions that in many cases the patients were not even suffering from. One female victim who underwent surgery by Paterson six times in seven years said that he “…tried every trick in the book to avoid accountability for his disgusting crimes. Mr Paterson charmed and manipulated his patients into trusting him. I for one trusted him with my life.” The victim had been told by Paterson that she had breast cancer and went through extensive surgery to remove the cancer, then a full mastectomy to remove the breast. It was later found that she had not been suffering from breast cancer at all and that he had made up the results so as to continue performing dangerous and unnecessary surgery. As well as working privately at the Little Aston and Parkway Hospitals in the West Midlands, Paterson carried out hundreds of unnecessary operations on NHS patients, costing one NHS Trust around £17.8 million in damages and legal costs. Sometimes even good doctors make mistakes, sometimes crucial pieces of machinery can fail, and sometimes a simple error of judgement on the part of someone treating you can cause significant pain and damage. Fortunately it is very... read more

7 Year fight for medical negligence compensation finally over for widower

The widower of a woman who died from a blood clot just 16 days after the birth of her daughter has won a medical negligence case and undisclosed compensation from the Leicester Hospital where she died. Darren Taylor of Braunstone, near Leicester had to fight for seven years before the hospital admitted that mistakes had been made in his wife’s treatment. She died from a pulmonary embolism that was caused by a deep vein thrombosis (also known as DVT) in one of her legs that was due to pregnancy. When Mrs Taylor was found collapsed in the bathroom of their family home in March 2010, she was rushed to Leicester Royal Infirmary, but the doctor who saw her did not follow the hospital’s guideline on investigating suspected DVT on the basis that at that time, ultra-sound scans were not carried out at weekends. It is believed that if a scan had taken place, the DVT would have been noticed and appropriate action could have been taken to avoid the development of the pulmonary embolism, and hence save her life. In addition to the pain caused by the death of his wife, the situation was made even more insufferable by the NHS Trust’s insistence of its innocence of any negligence regarding the death. Speaking after the case, Mr Taylor said: “I am relieved that this is all over. It has been a long, hard seven years, but I am happy we have got the NHS to own up and the Trust says that lessons have been learnt.” If you or someone you care for has suffered as a result of... read more

77-Year-old woman dies after choking on doughnut in hospital

A 77-year-old lady from Leicester died after choking on a doughnut that she was given while staying in hospital. The lady had been admitted to the Evington Centre’s Mental Health ward at Leicester General Hospital, run by the Leicestershire Partnership Trust, in June last year. She had undergone a behaviour assessment – which included looking into her eating habits – and was placed on a “soft food” diet to avoid any potentially dangerous incidents. However, contrary to this she was given foods such as toast and pizza by staff who were supposedly caring for her. When she began to eat a doughnut on the 25th July while left on her own, she began to choke. By the time the emergency team arrived the lady had suffered a massive heart attack from which she suffered significant brain damage, and she died less than one week later. A spokesman for the Leicestershire Partnership NHS Trust said: “We are sorry this tragic incident occurred while the lady was in our care and accept there is more we could have done to prevent this incident from occurring”. He added: “We carried out our own investigation into the incident, which we have shared with the deceased’s family and the coroner. We developed a detailed action plan following our investigation, which includes a number of different steps to reduce the likelihood of a similar incident in the future.” If you or someone you care for has suffered while under the care of a hospital or any medical facility, you could well be entitled to make a claim for compensation. While we all understand that it... read more