birth injury claim

Understanding Your Birth Injury Claim: A Comprehensive Guide from The Medical Negligence Lawyers

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Understanding Your Birth Injury Claim: A Comprehensive Guide from The Medical Negligence Lawyers

If substandard care during pregnancy, labour, or immediately after delivery has affected your family, you may have grounds to pursue a birth injury claim.

Childbirth is meant to be a moment of celebration, but when medical professionals fail in their duty of care, the result can be devastating, lifelong injuries for a newborn or serious harm to the mother.

The Medical Negligence Lawyers specialises in these complex cases and have secured life-changing compensation for families across England and Wales for over 20 years.

What Types of Injuries Can Lead to a Birth Injury Claim?

A birth injury claim can arise when negligence directly causes or contributes to harm that could and should have been avoided. Some of the most common scenarios we can handle can include:

  • Cerebral palsy caused by prolonged oxygen deprivation (hypoxia) or delayed Caesarean section
  • Erb’s palsy / brachial plexus injuries from excessive traction or shoulder dystocia that was poorly managed
  • Brain damage from undiagnosed or mismanaged Group B Strep, placental abruption, or uterine rupture
  • Fractures to the skull, collarbone, or limbs due to improper use of forceps or ventouse extraction
  • Hypoxic-ischaemic encephalopathy (HIE) resulting from failure to monitor fetal heart rate correctly
  • Severe maternal injuries, such as 3rd or 4th-degree tears, postpartum haemorrhage, or retained products of conception that were not identified in time

Even less visible issues, such as developmental hip dysplasia missed on routine checks or neonatal meningitis caused by delayed treatment, can form the basis of a valid birth injury claim. Our role is to obtain independent expert evidence to prove both breach of duty and causation – the two essential legal tests.

The Long-Term Impact and Why Time Is Critical in a Birth Injury Claim

Birth injuries sometimes only become fully apparent months or years later when a child misses developmental milestones. Families suddenly face a lifetime of additional costs: specialist schooling, round-the-clock care, mobility equipment, home adaptations, therapies, and lost future earnings.

Whilst the legal time limit for a child to bring a birth injury claim is often extended, delaying action can have serious drawbacks:

  1. Medical records could be destroyed or archived, or lost
  2. Staff memories can fade, making it harder to establish exactly what happened
  3. Most importantly, your child may miss out on early interim payments that could fund vital treatment now

We have helped families obtain interim awards, allowing immediate access to private treatment to maximise a child’s potential when started young.

How The Medical Negligence Lawyers Can Fight for You

From the moment you contact us, we can take the burden off your shoulders. We can handle everything: obtaining records, commissioning expert reports, negotiating interim payments, and, if necessary, taking the NHS Trust or private hospital to court.

If your child has been diagnosed with cerebral palsy, Erb’s palsy, HIE, or any injury you believe resulted from medical mistakes during pregnancy or birth, you owe it to your family to find out where you stand. Call our compassionate team now on 0800 634 7575 or complete our online enquiry form for a free, no-obligation case review. We can listen to your story, explain your options in plain English, and let you know honestly whether we believe you have a claim worth pursuing.

Do not let another day pass without the financial security and specialist support your child deserves. Contact The Medical Negligence Lawyers today and take the first step toward the justice and compensation your family needs.

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The content of this post/page was considered accurate at the time of the original posting and/or at the time of any posted revision. The content of this page may, therefore, be out of date. The information contained within this page does not constitute legal advice. Any reliance you place on the information contained within this page is done so at your own risk.

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