Childbirth is supposed to be a time of great joy. But when it’s marred by injury to the mother or child due to negligence of doctors, midwives, or other members of the medical staff, it can turn into a nightmare. What’s worse is having to stay in limbo about the consequences of said negligence and what will be the long-term repercussions.
Then there’s the spectre of having to go through a lengthy legal battle in order to get compensation and make sure that the guilty parties are held responsible. In these cases, it’s always important to know what constitutes negligence, and what your rights are if you were indeed a victim. Let’s take a closer look at birth injury negligence claims and what can be done if you suffered from negligence.
While you could get compensation if harm was directly done to the child during childbirth, there are many other cases when you could get compensated. Sometimes, it can be because a condition was misdiagnosed or because a mother or child at risk wasn’t monitored closely enough.
But in other cases, injuries can be caused by the misuse of forceps, anaesthesia errors, missed fractures, or delays in treatment. Negligence can also be in the form of someone not taking medical history properly, not referring issues to senior doctors, or out-of-hours triage decisions. Spinal fractures, perineal tears, fissures, and wrongly performed episiotomies are all common birth injury negligence claims.
Birth injuries caused by negligence aren’t always obvious, and might manifest themselves as a condition. Cerebral palsy, for instance, is often caused by negligence. Cerebral palsy is a form of brain damage which can lead to physical impairment. It can manifest in developmental problems, mental impairment, or motor issues.
Cerebral palsy claims are some of the most common birth injury negligence cases in the country, and there are plenty of cerebral palsy claim UK solicitors who specialise in these types of cases. They will be able to check if a placental abruption was taken care of fast enough, if a mother with a strep b infection was treated properly, or if an aging mother received all the antenatal checks needed. These are the kind of details that will be crucial to establishing if there was negligence at play.
Your solicitor will be responsible for proving that there was indeed negligence in the case. They will check things like medical records and look for any signs of wrongdoing. They’ll be able to see if anything could’ve been done to prevent injury, or if some action may have caused it. They can also have an independent examination performed to see if the condition may have been avoided.
If they find that the issue was caused by negligence, you could be entitled to compensation to cover the damages you may have suffered. You may also get additional support depending on the nature of the injury. However, it’s very important to know that if your child is suffering from a condition you think may have been the result of negligence, you only have up to 3 years to seek damages.
Knowing what constitutes negligence and what your recourse is in that situation is essential if you don’t want to have to carry the consequences on your own. Make sure that you speak with an expert today if you suspect there was any foul play and get the compensation you’re entitled to.
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