Can I Claim Compensation for Birth Injuries?

One of the most frequent concerns raised by parents and loved ones during a birth injury claim is the timeline for reaching a final settlement. While online statistics may offer general estimates, there’s no definitive answer, as every case is unique and comes with its own complexities.

Due to the varying factors that can influence a claim, it’s impossible to establish a standard timeframe for resolution. Understanding the elements that impact the duration of the process and seeking assistance from expert medical negligence solicitors can significantly streamline the path to settlement.

What Qualifies as a Birth Injury?

When a baby, a mother, or both suffer injuries during pregnancy, childbirth, or the hours and days following birth, resulting in physical or psychological harm, this is referred to as a birth injury or birth trauma. However, not all birth injuries qualify for a legal claim.

While pregnancy and childbirth are now safer than ever, it remains impossible to guarantee a healthy outcome for every mother and baby. Unfortunately, not every birth injury is preventable, nor can all such injuries be attributed to the decisions or actions of healthcare professionals.

For example, forceps delivery complications can occur. However, in cases where medical professionals caused or exacerbated the birth injury through negligence or malpractice, a legal claim may be pursued.

Contact solicitors, whose role is to determine whether a baby would have been born healthy if appropriate care had been provided at every stage, during pregnancy, delivery, or immediately afterward.

If a baby is born with health issues that can be directly traced to substandard care, for instance, failure to address an abnormal scan result or errors in carrying out clinical procedures, there may be grounds to seek compensation.

Am I Qualified to File a Birth Injury Compensation Claim?

Medical professionals, whether working in hospitals or private practice, have a responsibility to prioritize patient safety during treatment. This duty of care applies to doctors, nurses, surgeons, midwives, and anesthetists. If this duty is breached, and either you or your baby experiences an injury as a result, you may have grounds to file a birth injury claim. You might be considering whether you are eligible to make such a claim. Typically, two key elements must be proven:

• Breach of duty: This occurs when a medical professional or institution delays, fails to act, or makes an error that a competent professional in the same position would not have made under similar circumstances.
• Causation: You must establish that the injury to either the mother or baby was directly caused by this breach of duty.

The Bolam test is often used in medical negligence cases to determine whether a breach of duty occurred. This test involves a peer review of the actions of the medical professional. It assesses whether those actions would be considered reasonable by a group of equally qualified professionals in the same field. 

If others in the profession would have acted similarly, it is unlikely that a breach of duty occurred. If a breach of duty is confirmed in your birth injury claim, your medical negligence solicitor will proceed by gathering the necessary evidence to show that this breach caused the injury.

What Birth Injury Compensation Am I Entitled to Claim?

Claiming compensation for birth injuries can be complex. It involves assessing the harm you or your child have faced and might continue to face in the future. Every birth injury claim is unique, as compensation depends on individual circumstances. While we cannot specify the exact amount you might receive, we can outline the types of compensation available, including:

• General damages: These address the pain, suffering, and loss of enjoyment caused by the birth injury.
• Special damages: These cover financial losses or costs arising from the injury, such as medical expenses, care costs, travel expenses, lost income, anticipated future earnings, and modifications to the home or vehicle if the injury results in a disability.

For a clearer understanding, general and special damages are explained in more detail on our website. To ensure fair compensation, a medical assessment may be required. For some birth injuries affecting children, this process could extend over time to fully evaluate the long-term impact. 

When needed, solicitors might seek interim payments to help with immediate financial needs while the claim progresses. These payments can provide essential support before a final settlement is reached.

Steps to Filing a Birth Injury Claim

To pursue a birth injury compensation claim, the first step is to hire a legal team. It’s essential to work with lawyers who have expertise in medical malpractice and birth injury cases. You should also choose a team with a proven track record of successfully handling similar claims. Once you have the right legal professionals in place, they will take charge of filing the claim on your behalf.

The legal team will thoroughly investigate the incident, gathering the necessary evidence to build your case. They will work to demonstrate that the medical professional responsible for your care made an error that directly caused your child’s birth injury. Your lawyers will advocate for you and your child, fighting to secure the compensation you deserve.

Am I Required to Wait Until My Child Turns 18 to Make a Claim?

If a child experiences a birth injury, they have until their 21st birthday to bring forward a claim. This timeframe includes three years from their 18th birthday, the age at which they are legally considered an adult, to file a claim independently.

For individuals who lack mental capacity due to an injury, there is no time limit for making a claim. However, we strongly recommend families affected by a birth injury begin the claims process as early as possible. Delaying a claim can make it more difficult to secure a positive outcome for several reasons:

• Evidence can be lost or deteriorate over time.
• Key witnesses or defendants may become untraceable, forget critical details, or even pass away.

Once a final settlement is agreed upon, the Court of Protection will assign a professional Deputy to manage and safeguard the funds on behalf of the claimant. When the claimant turns 18, and if they are assessed as having the mental capacity to manage their finances, arrangements will be made for full access to their compensation. If not, the Deputy will continue to oversee the funds to ensure they are used in the claimant’s best interests.

Endnote

A birth injury attorney plays a crucial role in handling the intricate legal and medical aspects of these cases. With their knowledge and experience, they can guide you through the claims process, represent your interests, and strive to achieve the best possible resolution for your family. Partnering with a trusted law firm can greatly influence the outcome of your birth injury case.

Photo by Jimmy Conover on Unsplash