Birth Injury Claims
Birth injury cases are often complex due to legal and medical technicalities involved. The experience that the parents, their child and the rest of the family go through during the claims process can be emotional and stressful.
Our medical negligence solicitors have successfully concluded many birth injury claims, including one of the most common injuries caused through medical negligence - cerebral palsy. Our team regularly deal with these types of claims and have the expertise to ensure that you receive the highest award possible to provide for rehabilitation, care, support, therapies and education. We can act on a 'no win, no fee' basis although birth injury claims are usually eligible for legal aid.
During birth there can be injury to either the mother, the baby or both. Some of these birth injuries are unavoidable, but each year there are a number of cases where injuries are caused by medical negligence. Some of the types of birth injury that can occur include:
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If you think you, or a member of your family has suffered due to a Birth Injury, our specialist team of solicitors can help you recover the compensation you and your family deserve, Call us today or start your claim online and we will call you back.
Cerebral Palsy Claims
Cerebral palsy effects approx. 1 in every 10,000 babies born in the UK. It is an umbrella term encompassing a group of non-progressive, long lasting motor conditions that causes physical disability in human development, chiefly in the various areas of body movement.
There are many types and subtypes of cerebral palsy and none of them have a known cure. Usually, medical intervention is limited to the treatment and prevention of complications arising from Cerebral palsy's effects.
Cerebral palsy is a condition that can be caused if a baby is being starved of oxygen during birth. This causes damage to the brain and may result in the baby having physical or intellectual disabilities. Research is still ongoing but it is estimated that as many as 20% of cerebral palsy cases are as a result of mismanagement of the birth process and the failure to act quickly if there are any signs of trouble.
Many babies who have been affected by birth injuries will require help and assistance for many years - sometimes even for the rest of their life. Often families don't have the resources to provide the very best care they would want for their baby and a successful cerebral palsy legal claim can provide the funding for future treatment, rehabilitation and care.
Erb's Palsy Claims
Erb's Palsy Claims, or Shoulder dystocia (stuck shoulders) can be identified during labour and steps should be taken to avoid injury during delivery. Failure to correctly identify this could mean there has been medical negligence. It occurs when the head has been delivered but the shoulders are too large and are impacted on the mother’s pelvis.
When the baby is delivered, if the baby is larger than average, there can be an injury to the neck resulting in damage to the nerves (brachial plexus nerves) which control the muscles in the shoulder, arm or hand, and the nerves are paralyzed. This injury may result from shoulder dystocia, causing the nerves to stretch or tear, although this is not always the case.
Symptoms for the baby may be a permanent limp or paralysed arm, lack of muscle control in the arm, hand, or wrist. There may also be a lack of feeling or sensation in the arm or hand. We are recommended solicitors for the national charity, the Erb's Palsy Group, the only UK based organisation offering advice, information and support to families affected by Erb's Palsy.
Injuries to the mother
The main birth injuries that can affect the mother include vaginal tears, fissures, incorrect suturing (sewing) following an episiotomy or a Caesarean, failure to manage pre-eclampsia and infections. Read more about birth injuries to the mother here.
Other Types of Birth Injury Claims
Although Cerebral Palsy is the most common form of Birth Injury Claims, there are many other types of birth injury, including varying degrees of damage to the brain and scarring or nerve damage caused by tools used during assisted deliveries (e.g. forceps). Negligence during the birth of a baby may even result in stillbirth. We have been successful in birth injury claims involving:
- Umbilical cord problems
- Ruptured placentas
- Infant death
For further information or if you believe you have a birth injury claim, please contact our medical negligence team. All enquiries are completely free of charge and we will investigate all funding options for you including legal aid and no win, no fee.
Contact us on freephone 0800 358 3848
Or start your claim online.
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Fieldfisher has successfully been recognised as an "Occupation and Asbestos Disease Specialists" Fieldfisher are now recognised as assessors
Charities we support
NHS study of cerebral palsy facts reveals systemic and human errors
An NHS report this month looking at data from cerebral palsy claims doesn't reveal anything particularly surprising about the reasons behind catastrophic neurological birth injuries.
Partner Jane Weakley and team complete the London Prudential Ride 100
Jane Weakley, Partner within Fieldfisher's Personal Injury and Medical Negligence practice, has completed the Prudential RideLondon-Surrey 100 helping to raise over £3000 for the Bobath Centre.
£11,000,000 + Indemnity secured for girl with cerebral palsy caused by failure to react to pre-eclampsia and misunderstood CTGs at the Royal Surrey County Hospital
RCOG highlights proof babies could be saved with better care
Maternity initiatives introduced by the government in 2015 may have begun to bite as the number of stillbirths fell for the first time in a decade. The bad news is that too many babies still die because of inadequate maternity care.
Fieldfisher hosts successful conference for practitioners working with people suffering catastrophic neurological injury