Birth Injury Compensation Claims with Win Wales
What are birth injury compensation claims?
The birth of a new baby is an exciting time for all involved, but it is an unfortunate fact that the potential for injury is high. Labour is a process that puts a heavy strain on both mother and child and requires expert medical care from professionals. If injury or harm is experienced due to an avoidable mistake by one of these individuals with a duty of care, it can be appropriate to seek compensation.
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Birth injury compensation is for those times when a mother or child has been injured by a member of medical staff’s negligence. These injuries can occur at any point during the pregnancy or birth, and as with other medical injury claims, are often hard to define precisely. Injuries can have many contributing factors but those that can be proven to be a direct result of medical malpractice may have a potential claim.
What kind of injuries are common?
Thankfully, compensation cases for birth injuries are relatively rare. In the UK, only 0.09% of births will result in a negligence claim, which means that the vast majority of pregnancies are handled safely and professionally. However, these small number of mismanaged pregnancies often have a profound impact on the family and so are important to monitor.
The most common categories for claims are over the management of labour, caesarean sections and cerebral palsy. Management of labour is an open category that can include a range of elements such as incorrect use of forceps (which can damage either mother or child) or suturing failures. Caesarean sections are usually considered higher risk than natural births and are primarily an emergency operation, and so risks naturally rise which can include scarring, internal damage or infection. Cerebral palsy is a form of brain damage caused occasionally during or after birth, usually relating to oxygen levels in the child’s brain.
How can I claim?
Claim for birth injuries requires a case to be brought within three years of the injury. This means that the mother does have a large window of opportunity in case of problems that may only appear later on, but there are possible extensions to this time frame for long-term issues that appear after the deadline.
Children have a slightly different time limit for claims. As many birth injuries may only show themselves during a child’s development, claims for children may be made up to their eighteenth birthday. After they turn 18, they may make a claim by themselves over the same three year period given to adults.
The most important element of a birth injury claim is the ability to show that a medical practitioner or establishment caused an injury and had the ability to prevent it with better care.
If you believe that you or your child may have been injured as a result of a medical failure during your pregnancy or birth, experienced solicitors are available to take on your case on a no-win, no-fee basis. After contacting us and describing your situation, they will decide whether or not your case may be viable.
Contact Win Wales Today for a free consultation and get your claim started.
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