The birth of a child is a life-changing event — it’s difficult, full of emotions that can’t be fully comprehended, and, most of all, intense. This is why things must move as smoothly as possible so that neither the parents nor the child experience additional stress.
One of the most common concerns that parents have when it comes to their child’s delivery is a birth injury that can have long-term effects. When this occurs as a consequence of the neglect or error of a doctor, nurse, or midwife — the medical personnel expected to care for the mother and child – it has an even greater impact on the parents’ mental health.
Birth injuries can affect both the child and the mother, and while some of these injuries cannot be avoided and happen due to reasons outside the doctor’s control, they can also occur as a consequence of malpractice in many instances. When this occurs, the kid and parents may be able to submit a birth injury compensation claim.
Simply described, a birth injury is any type of harm inflicted to the infant or mother during labour and birth. Minor injuries, such as bruising or swelling, occur relatively regularly and cannot be completely prevented by physicians, but they recover in a matter of weeks with no consequences. Issues develop when more severe birth injuries occur as a consequence of medical malpractice and have a serious impact on the mother’s or baby’s life.
What are the most common types of birth injuries?
The degree and form of birth injuries might vary based on the clinical mistakes that caused them. While it is well recognized that giving birth has dangers for both the mother and the child, hospital professionals should be the ones taking all required efforts to reduce these risks. If this does not occur, their neglect may result in serious damage to both the mother and child.
Injuries that can affect the mother include:
- Infections due to incorrect stitching procedures
- Injuries caused by improper use of a forceps
- Trauma that leads to nervous sock
- Improper use of anaesthetic
- C-section injury and trauma
- Blader and bowel injuries
- Internal injuries
Injuries that can affect the new-born include
- Injuries to the muscles
- Injuries to the brain
- Fractures and cuts
- Cerebral palsy
- Erb’s palsy
How do I know I have a valid claim?
As experts from Accident Claims explain, a birth injury is any type of harm inflicted to the mother and/or child during labour and birth as a result of medical personnel carelessness. It is possible that the doctor failed to react at a critical moment or made a mistake that calls their competency into doubt, but if the harm was caused directly by their breach of duty, it is considered a birth injury, and you are entitled to compensation.
Birth injuries can be caused by the following clinical errors:
- Failure to correctly analyse the child’s or mother’s medical state
- Failure to discover, prevent, or treat problems
- Inadequate labour and delivery care
- Inadequate medication
- Equipment mishandling
In Court, the Bolam test is used to determine breach of duty, but the balance of probability is used to determine causation. The balance of probability principle states that it must be more likely than not that the injury would not have occurred if the breach of duty had not occurred.
Who can make a birth injury claim?
Delivery injuries can be quick and evident, such as a cut, or they can develop over days, weeks, and even months, as in the case of cerebral palsy caused by brain damage during birth. In many circumstances, this illness cannot be detected until the child has grown to a certain age, which might take months or years after birth.
If the mother was injured, she has the right to file a claim on her own behalf. If the kid was the victim, the parents can file a birth injury claim at any time after the child is born and up until the child reaches the age of 18. After the age of 18, the child has three years to make their own claim.
There are certain circumstances that can influence the time limit, such as the individual’s mental capacity. This is why it is best that you contact a lawyer as soon as possible to ensure the claim is made in a timely manner.
How much compensation is received for such claims?
Many people ask how much compensation they will receive if their lawsuit is successful, but there is no set amount. Because each case is different, the amount of compensation an individual is entitled to will be decided by the extent of the injuries and suffering.
After thoroughly examining the victim’s injuries and their impact on his or her life, the attorney can calculate the damages and offer an approximate response that includes both general and special damages.
Compensation might include basic damages, such as physical and psychological anguish caused by the occurrence, as well as financial assistance for therapy, medicine, rehabilitation, and required house modifications. Compensation may also be available if the occurrence results in lost wages, such as one of the parents losing their work.
While there is no set answer for how much compensation you will receive, existing data allows us to make some approximations:
- Damage or injury to organs – £3,000 and £95,000, depending on the organs involved and the degree of the harm.
- Post-Traumatic Stress Disorder (PTSD) following a birth injury – £2,000 to £72,000
- Psychiatric harm — from £1,750 and £37,000, depending on severity.
- Minor head injuries – between £1,500 and £9,500.
- Reduced mental capacity – from £28,000 to £155,000
- Brain damage – over £145,000
- Cerebral palsy – over £200,000
What happens to the money received if the child was the victim?
If compensation is awarded, the Court is obligated to safeguard the funds on behalf of the child. They can obtain access to it after they attain adult mental capability, which normally occurs when the kid reaches the age of 18. If required, applications can be made to access a portion of these funds before the child reaches the age of 18 if it can be demonstrated that the money will be utilized for their well-being.
If the child, even as an adult, does not develop mental competence, a Professional Deputy will be appointed to administer these funds. The Professional Deputy is the one who makes payments for satisfying the child’s requirements, such as housing, professional care, and proper therapy.
