Birth Injury Solicitor
The day a parent gives birth to a child is often said to be the happiest day of their life. That is why when something goes wrong during this experience it can be immensely devastating. As with all medical procedures, there are a number of risks when giving birth. However, doctors, nurses and midwifes all have a duty of care to their patients. Therefore if they are in breach of this duty, and an action of theirs results in an injury to the baby or mother, they are liable against a claim.
Types of Birth Injury
Most mothers will receive some form of injury after giving birth. Usually these are just as small as swelling or bruises and will heal within a few weeks. Even some of the more serious injuries are not the fault of anybody, and are purely caused by the risky nature of childbirth. These complications can be due to a premature birth, a larger than average baby or a baby being delivered in an abnormal position, e.g. breech. In these cases no-one is at fault and therefore no claim can be made in the event of an injury. However, a serious injury can occur to the mother or baby that was caused by a mistake or the negligence of a doctor, nurse or midwife. Examples of injuries to the infant include:
- Cerebral palsy
- Erb’s palsy
- Bell’s palsy, also known as facial palsy.
- Lacerations to the baby caused by a poorly executed caesarean delivery.
Parents may also be able to claim for what is known as ‘wrongful birth’, in which parents were misinformed about a serious congenital abnormality that their baby was to suffer from. The parents may claim that although evidence was there to suggest the baby was to suffer from these conditions while the mother was still pregnant, this was not properly conveyed and they were therefore unable to make a truly informed decision as to whether to go through with the birth or not.
Injuries that the mother could sustain include:
- Perineal tears
- Anal fissures
- Episiotomy
- Uterine rupture
- Awareness to anaesthetic – during a caesarean delivery
- Both the mother and baby could also suffer from various infections following childbirth.
Claiming Birth Injury Compensation
If you or your baby sustained an injury or disease that can be attributed to a mistake made by a member of the medical staff that dealt with you during your pregnancy, it is very likely that you can claim compensation. Though proving the specifics may be a difficult process, which is why you should speak to a baby injury solicitor at Lawson Taylor. They will be able to guide you through the claims process and help you with the investigation as to who made the mistake, if it is yet to be attributed to somebody. We recommend that, following an injury to yourself, your partner or your baby, you seek medical help as soon as possible so it can be correctly diagnosed and ensure that, not only is it officially documented, but treatment is received. At Lawson Taylor you will deal with a specialist birth injury lawyer who understands that this is a traumatic time for you and will handle your case with the sensitivity and professionalism required. Although compensation will never completely make up for the distress of a birth injury, it can help you and your family get back on their feet.