The birth of a youngster is a joyful and life-changing event for parents. However, when the delivery process goes wrong, and the baby suffers a birth injury, it can be a traumatic experience for the entire family. Birth injuries can have long-term consequences for the child’s health and well-being and can also financially burden the family. In such cases, parents may be entitled to claim compensation for their child’s birth injury. This article provides a comprehensive guide for UK parents considering making a birth injury compensation claim. We will explore what birth injuries are, the legal process for making a claim, the types of compensation available, and how to find the right solicitor to help with your case.
What is a Birth Injury?
A birth injury is any harm suffered by a baby during the process of labor and delivery. Birth injuries can occur due to a range of factors, including medical negligence, difficult deliveries, or a shortage of oxygen to the baby’s brain. Common birth injuries include: Check my blog
- Cerebral palsy
- Erb’s palsy
- Brachial plexus injuries
- Hypoxic-ischemic encephalopathy (HIE)
- Shoulder dystocia
- Fractured bones
- Facial injuries
In some cases, birth injuries can be minor and resolve on their own over time. However, in more serious cases, birth injuries can have lifelong consequences for the child’s health and development.
Legal Process for Making a Birth Injury Compensation Claim
If your child has mourned a birth injury, you may be entitled to claim compensation on their behalf. To make a birth injury compensation claim, you will need to follow the legal process outlined below:
- Seek legal guidance: The first stage in making a birth injury compensation claim is to seek legal advice from a specialist solicitor. They will be able to evaluate your case and advise you on whether you have a claim.
- Gather evidence: To support your claim, you will need to gather evidence of the birth injury and any medical treatment that your child has received. This may enclose medical records, witness statements, and expert medical reports.
- Notify the defendant: If you decide to proceed with a claim, you will need to notify the defendant (usually the NHS Trust or private hospital) in writing. They will then have a set period of time to respond to your claim.
- Arrange a settlement: In many cases, the defendant will offer a settlement to avoid going to court. Your solicitor will be able to negotiate on your behalf to ensure that you receive the maximum amount of compensation possible.
- Go to the tribunal: If a settlement cannot be reached, your case may need to go to court. Your solicitor will guide you through the court process and represent you in court.
Types of Compensation Available
If your child has mourned birth damage, there are several types of settlement that you may be able to claim:
- General injuries: This type of Birth Injury Compensation Claim is awarded for the pain, heartache, and loss of amenity that your child has experienced as a result of their birth injury. The amount awarded will depend on the severity of the injury and its impact on your child’s life.
- Special damages: Special damages cover the financial losses you have incurred due to your child’s birth injury. This may include the cost of medical treatment, rehabilitation, and ongoing care and support.
- Future losses: If your child’s birth injury has ongoing consequences for their health and development, you may be able to claim for future losses. This may include the cost of future medical treatment, lost earnings, and the cost of adapting your home to accommodate your child’s needs.
Finding the Right Solicitor for Your Birth Injury Compensation Claim
Making a birth injury compensation claim can be a complex and emotional process. It is important to find the right solicitor who can guide you through the legal procedure and confirm that you receive the compensation that you deserve. Some aspects to contemplate when selecting a solicitor for your birth injury compensation claim:
- Experience: Look for a solicitor with experience handling birth injury compensation claims. They will have a thorough understanding of the legal process and will be able to provide you with expert advice.
- Reputation: Select a solicitor with a good reputation in the legal community. Look for judgments and testimonials from previous clients to get an idea of their track record.
- Communication: It is important to choose a solicitor who articulates clearly and regularly with their clients. They should keep you updated on the progress of your case and be available to answer any questions you may have.
- Personal connection: Making a birth injury compensation claim can be an emotional process. Choose a solicitor who you feel comfortable talking to and who understands your situation.
Time Limits for Creating a Birth Injury Settlement Claim
In the UK, there are strict time limits for making a birth injury compensation claim. You must make your claim within three years of the date of the damage or within three years of the date that you became aware that the injury was caused by medical negligence. If you do not make your claim within this time limit, you may not be able to claim compensation. It is important to seek lawful guidance as soon as possible if you are considering making a birth injury compensation claim. Your solicitor will be able to inform you of the time limit for your particular case and ensure that your claim is submitted within the deadline. For more information click here
A birth injury can be a devastating experience for parents and can have lifelong consequences for the child’s health and development. If your child has suffered birth damage due to medical negligence, you may be authorized to claim compensation. It is important to pursue permitted advice from a specialist solicitor who can advise you through lawful procedure and ensure that you receive the compensation that you deserve. Remember that there are strict time limits for making a birth injury compensation claim in the UK, so it is important to seek legal advice as soon as possible. With the right solicitor on your side, you can ensure that your child’s future is protected and that they receive the care and support that they need to thrive.