Cases involving birth injury claims and cerebral palsy claims are invariably high value and complex. We have the proven experience and expertise to act for you in such cases.

Our birth injury solicitors act for children and young adults in such cases. If our client is unable to instruct us themselves due to age or mental disability then we can accept instructions on their behalf from a parent or suitable adult (called a litigation friend).

Making a birth injury claim

If the evidence supports a claim for negligence, our birth injury solicitors will pursue it and work to get compensation for our clients which will provide them with long term care and financial security for the rest of their lives. Many children with cerebral palsy are looked after devotedly by their parents. However, parents often worry about what would happen if they are no longer able to look after their disabled child.

Our birth injury solicitors work to ensure that compensation is recovered which will provide care and support for the child for the rest of their lives. Sometimes, compensation will be paid as a combination of a lump sum and annual payments for the rest of the child’s life. This gives the family peace of mind and reassurance for the future.

Types of birth injury claim

When things go wrong around the time of birth, the effects can be devastating for the child and their family. Examples of birth injury and pregnancy negligence claims that can be made include:

  • Delay in delivery
  • Failure to monitor the baby before and during labour
  • Mistakes during delivery
  • Mistakes in the neonatal period
  • Failures to give appropriate treatment during pregnancy

Why choose Trethowans?

Our birth injury solicitors will investigate the circumstances of the medical treatment received by mother and child and advise whether it fell below a reasonable standard of care. Not all treatment which goes wrong is negligent and therefore we instruct independent medical experts to examine what happened and advise whether negligent mistakes were made.

If you believe you have a potential case for medical negligence that has resulted in disability at birth, contact our experienced team of birth injury solicitors on 0800 2800 421 for unrivalled advice and guidance. We are conveniently located across the South West in Bournemouth, Poole, Salisbury, Southampton and Winchester.

Birth Injury FAQ

  • A birth injury refers to any harm or injury sustained by a baby or mother before, during or immediately after delivery of the baby. Often these injuries are sadly unavoidable, however, sometimes they occur as a result of substandard medical care. Birth injuries can vary in severity, from minor issues that heal quickly to life-altering conditions requiring long-term care and support.

  • Some of the most common and distressing birth injuries include:

    • Cerebral Palsy
    • Brachial plexus injury (Erb’s palsy)
    • Stillbirth or neonatal death
    • Fractures, particularly of the collarbone or skull
    • Brain injuries caused by lack of oxygen (Hypoxic Ischaemic Encephalopathy)
    • Perineal tears or anal sphincter injuries sustained by mum

    These injuries can sometimes negligently occur during delivery if there are complications, such as a prolonged labour, the baby being in a suboptimal position, or the use of medical instruments, like forceps or vacuum extractors.

  • Autism spectrum disorder (ASD) is not typically categorised as a birth injury. It is a neurodevelopmental condition with no singular cause. However, there is research which suggests that birth trauma can lead to an increased risk of ASD.

    Cerebral Palsy is a brain injury typically caused because a baby’s brain has been starved of oxygen during birth. This may have occurred due to a failure to expedite delivery of the baby. Cerebral Palsy has no known cure, and can cause long lasting physical and intellectual disabilities.

  • We would hope that you (or in the future, your child) never have reason to consider a claim as a result of an injury sustained around the time of childbirth, however, if either of you have suffered a birth injury and a link between that injury and medical negligence can be established, you may be able to pursue a claim for compensation. A successful claim can help provide financial support for treatment, rehabilitation, and long-term care for you or your injured child. Claims can be made against healthcare professionals or NHS Trusts responsible for the negligent care.

    In some instances where a serious brain injury has occurred at birth, the NHS will begin an investigation under the Early Notification Scheme (ENS) with the aim of speeding up the process to resolution. Our experienced team of lawyers can advise during this process, and ensure you secure the appropriate financial award to support your child.

     

  • The settlement amount for birth injury claims varies depending on the severity of the injury, the long-term impact on the child, mother and family and the cost of future care. Compensation can range from thousands of pounds for minor injuries to several million pounds for more severe, life-altering injuries requiring lifelong care.
  • The time limit for bringing a medical negligence claim is generally three years from the date of the injury or the date when the injury was discovered. However, if the claim is being made on behalf of a child, the three-year limit typically starts from the date of their 18th birthday, meaning they have until they are 21 to bring a claim. If the injured person lacks mental capacity, the time limit of 3 years may not be applicable at all. It is always best to seek legal advice at the earliest opportunity.

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