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 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.

GPs claim medical negligence lawsuits are bringing service to its knees

The increasing costs of medical negligence lawsuits are having direct and devastating consequences on Britain’s General Practitioner service, according to a new survey. The government says that it needs to recruit 5,000 new GPs by 2020 to cope with demand of the increasing workload, but this year has seen the number of GPs falling by 100 per month. Whereas doctors in hospitals have their insurance premiums paid by the hospital or hospital trust for which they work, in the case of GPs the responsibility lies on them to pay their own premiums and some say that they are now paying up to a fifth of their pre-tax income on insurance. According to the BMA (British Medical Association) GP’s pay has reduced by 11 per cent in real terms since 2008. At the same time the annual rise of insurance premiums has averaged 10 per cent, and it continues to rise as the costs of medical negligence cases increase. So is it right to sue the NHS? The vast majority of doctors, nurses and health professionals in the UK are highly qualified, caring people who want to help others in the best way that they can. Many work in high-pressure situations and make the difference between life and death on a daily basis. It is incredibly rare that incidents happen due to malice or general incompetence, but if mistakes are made in someone’s care, and those mistakes go on to leave the patient in a worse state than when they arrived to receive care, then someone has to be responsible. In some cases it might be an issue with machinery... read more

Maternity blunders push NHS negligence payouts to £1billion

Last year the National Health Service paid out more than £1billion in damages for medical negligence. This was a record high amount and was in part fuelled by blunders during childbirth that have soared in recent years. Patient groups said that the figures illustrate the desperate need for improved safety within hospitals. The amount paid out by the NHS for medical and clinical negligence cases has almost doubled since 2010, with a large proportion of the costs going to pay solicitors’ fees. Chief Executive of the charity Action against Medical Accidents; Peter Walsh, said the NHS was spending far too much on litigation because it was failing to improve its own safety record, and spending too much fighting cases that it should not defend. “Most of these costs would be avoided if the NHS investigated incidents better, recognised when they were at fault, and settled claims earlier.” Many of the most expensive claims involved babies who were left brain-damaged at birth for whom the payouts involve the costs of care for the rest of their life. In some cases when things go wrong, a simple apology can resolve the situation. In other more serious cases, doctors and other medical professionals who fail in their duty of care can be disciplined, or even struck off from performing their duties. It is when mistakes are made and serious injuries or life-changing events occur that you might feel the need to take the compensation route, and that is when you need a team of experienced medical negligence solicitors to help you get the compensation you deserve; not only due to the intricate... read more

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