Birth injuries represent one of the most distressing and challenging circumstances parents and family members can experience. The arrival of a new baby should be a joyous event; however, medical negligence during pregnancy, labour, or delivery can result in serious harm and lasting consequences. At Stephensons, our expert solicitors specialise in helping families secure birth injury negligence compensation claims to seek justice and gain the financial security required to deal with ongoing medical care and support.
What is birth injury negligence?
Birth injury negligence occurs when medical professionals fail to provide an acceptable standard of care during pregnancy, labour, delivery, or shortly thereafter, resulting in harm to the baby or mother. This negligence can encompass a variety of situations, from misdiagnosed pregnancy complications and delayed responses to emergency situations, to inadequate procedures during childbirth. When this happens, families have the right to pursue birth injury negligence compensation claims.
Common birth injuries resulting from medical negligence
At Stephensons, we frequently handle birth injury negligence compensation claims involving a wide range of birth injuries. Some of the most common injuries resulting from medical negligence include:
- Cerebral palsy caused by oxygen deprivation during labour or delivery
- Erb’s palsy (brachial plexus injuries) caused by incorrect methods in delivering the baby
- Fractured or broken bones due to rough handling or improper use of medical instruments, such as forceps or vacuum extraction
- Brain damage resulting from delayed or incorrect diagnosis of fetal distress
- Hypoxic-ischaemic encephalopathy (HIE), caused by inadequate oxygen supply to the baby’s brain during birth
- Infections caused by poor hygiene practices or delayed diagnosis and treatment
- Injuries to the mother, such as serious vaginal tears, haemorrhaging, or organ damage due to poor clinical practice or delayed intervention
When can a birth injury negligence claim be made?
Under UK law, a birth injury negligence compensation claim for the mothers can typically be pursued within three years from the date of injury or the date they became aware of the negligence causing the said injury (often known as the ‘date of knowledge’). On the other hand, if the child has suffered an injury, the claim can be made up until three years following the child’s eighteenth birthday. This means that the child can effectively bring up the claim at any point until 21st birthday with potential exceptions:
- Lack of mental capacity: If the child lacks mental capacity, the time limitation may potentially be extended indefinitely until he/she regains capacity.
- Limitaiton extension: If the alleged defendant agrees a limitation extension, and/or the Court approves an extension in specific circumstances at its own discretion.
We strongly advise families considering a birth injury negligence claim to contact Stephensons as soon as possible. This allows our specialist solicitors an adequate opportunity to gather medical evidence, documentation, and witness statements promptly, which can significantly strengthen your case.
Establishing negligence in birth injury cases
To pursue a successful birth injury negligence compensation claim, it must be demonstrated that medical professionals acted negligently or breached their duty of care owed to the patient. This process generally requires the following elements to be established:
- Breach of duty: It must then be shown that the medical professionals failed to deliver a standard of care, which was performed below what reasonable or competent practitioners would do in similar circumstances.
- Causation: It must be proven that this breach directly caused or significantly contributed to the birth injury suffered by the mother or baby.
At Stephensons, we work closely with independent medical experts who can provide detailed analysis crucial for proving medical negligence in birth injury claims.
The importance of expert legal representation
Birth injury negligence cases are notoriously complex, requiring dedicated knowledge and understanding of medical terminology, procedures, and the legal system. Stephensons have extensive experience in handling birth injury negligence compensation claims, and we understand the sensitivities involved. By seeking expert legal representation from our dedicated medical negligence solicitors, clients will benefit from:
- Proactive case handling and thorough investigation
- Skilled negotiation with defendants and insurers
- Clear and empathetic communication throughout every stage
- Expert knowledge of medical protocols, ensuring the strongest possible claim
- Access to a network of independent medical experts and specialists
How much compensation could you receive?
The exact amount of compensation awarded in birth injury negligence cases can vary considerably, depending on the severity of the injuries sustained, future costs for treatment and care, and the wider impact on family members and quality of life. At Stephensons, our skill and experience ensure we maximise the compensation our clients rightfully deserve, covering damages including:
- General Damages: Compensation for the pain, suffering, and loss of amenity caused by the birth injury
- Special Damages: Compensation for financial losses and expenses incurred in the past and future, such as medical treatments, specialist therapies, gratuitous care costs and adaptations to the home or transport. Future costs can comprise the following:
- Future losses: Ongoing care costs, therapies, and specialist medical treatment that may be required throughout the child’s life
- Rehabilitation and specialist equipment, such as mobility aids, communication devices, and home adaptations
- Loss of earnings incurred by the child in the future, or parents who have had to give up work or reduce working hours to provide care
Our compassionate and comprehensive approach
At Stephensons, our approach to birth injury negligence compensation claims is always compassionate, understanding, and client-focused. We recognise the emotional toll and uncertainty birth injuries can take, and we aim to provide peace of mind that your claim is handled sensitively and professionally.
The first step is an initial, confidential discussion with our experienced medical negligence solicitors. We will listen carefully to your experiences, offering clear and comprehensive advice. If proceeding, we gather the necessary medical evidence and documentation to commence your claim. Our transparent, empathetic approach ensures you remain informed and supported throughout the entire legal process.
No win no fee birth injury negligence claims
Stephensons frequently operate claims under a Conditional Fee Agreement (commonly referred to as 'no win no fee'). This means that:
- You won't face upfront legal fees when pursuing a negligence claim.
- In the event your claim is unsuccessful, our legal costs are not payable unless you fail to comply with our reasonable terms and conditions of CFA. However, if you lose the claim there still be a liability for the disbursements (e.g. expert fees) in the case, and in certain circumstances, opponents’ costs.
- You therefore will be recommended to take out an insurance policy (often known as ‘after the event’ insurance) as it will cover the expert fees and opponents’ costs in the event your claim is unsuccessful and become responsible for the costs. It works in a similar way to a ‘no win no fee’ agreement providing that you comply with the insurer’s reasonable terms and conditions.
- If your claim is successful, you will pay our legal costs and the insurance premium. The amount of our legal costs is capped at 25% of general damages and past special damages.
During our initial consultation, our solicitors will clearly explain how a Conditional Fee Agreement works, any potential costs associated and provide you with full transparency and reassurance to make an informed decision on whether to proceed.
Why choose Stephensons for your birth injury negligence claim?
At Stephensons, our medical negligence solicitors have extensive experience handling birth injury negligence compensation claims with proven results. We understand intimately the complexities involved in these sensitive cases, recognising the emotional stress and financial strain these injuries bring to your family.
- National reputation for excellence in medical negligence law
- Dedicated solicitors highly experienced in birth injury negligence cases
- Successful track record in securing maximum compensation for our clients
- Comprehensive and compassionate service, supporting you every step of the way
- No win no fee claims, providing you peace of mind without financial worry
Contact Stephensons Solicitors LLP today
If you or your family have been impacted by a birth injury due to negligence or substandard medical care, our specialist solicitors at Stephensons are here to support you. Take the first step today by contacting us for a confidential, no-obligation discussion regarding your circumstances. Let us help you seek the justice and compensation you deserve.
Call Stephensons Solicitors LLP today on 0161 696 6165 or complete our online enquiry form, and a member of our specialist medical negligence team will respond promptly and discreetly to discuss your concerns.
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