Birth injury and pregnancy
For the majority of women in the UK, pregnancy and child birth is a happy and positive experience. However, pregnancy and birth are far from risk-free and things can go wrong for both mother and baby.
During pregnancy, mums-to-be are primarily cared for by their GP and midwife, and generally attend hospital only for scans and tests. Complications can arise during pregnancy such as pre-eclampsia and gestational diabetes. These should be easily detected through regular midwife appointments. NICE guidelines outline the process for screening for foetal abnormalities, infections and other clinical conditions, as well as what steps to take if foetal growth is outside normal ranges. When these procedures are ignored or done badly, it is possible both mother and baby can suffer irreparable damage.
Birth injuries occur when medical experts either fail to follow the correct procedures or they carry them out in a substandard manner. If there is poor care during the delivery of a baby the consequences can be devastating and in very serious cases result in a child with cerebral palsy or even death.
The firm has acted for several children who have sustained brain injuries at birth because of the mismanagement of the labour and/or delivery. In those cases, the settlements have been in 7 figures, which is mainly due to the significant amount of care the child will require throughout their lifetime.
Birth injury claims are one of only a very small areas of law where Legal Aid is available to fund claims for compensation, however stringent criteria apply.
You may be entitled to Legal Aid if a claim concerns clinical negligence involving children who have suffered severe disability due to a neurological injury sustained during the mother's pregnancy, the child's birth or the first eight weeks of the child's life.
Don’t worry if Legal Aid isn’t available for your case, we undertake work on a ‘No Win. No Fee.’ basis and will happily explore the funding options available to you.
If you believe you or your child have suffered an injury during pregnancy or child birth, we can assist with a claim for compensation and the practical issues which arise when someone has sustained serious injuries.
Examples of birth injury and pregnancy claims
- Cerebral Palsy
- Failed sterilisation
- Shoulder-dystocia delivery
- Failed abortion
- Screening negligence
- Mismanaged delivery
- Forceps delivery negligence
- Stillbirth negligence and neonatal death
- Perineal tears- third and fourth-degree
- Mismanaged pre-eclampsia
- Damage to organs during a caesarean
Related Case Studies
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