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The birth of a child should be the most joyous occasion for mother, baby and family. The process itself requires some of the highest standards of medical care and attention in order to ensure that the health of both mother and child is protected. If these high standards of medical care are not met it can lead to birth injuries to the mother and baby. In these instances there can be long-term health consequences for mother, child, or both, and in the worst cases even the death of mother or child. If there has been a case of medical negligence during the birth of a child you could have cause to bring a birth injury claim for compensation.
At Hampson Hughes we ensure that every case is looked at on its individual, and specific merits. Most people will never encounter a problem when receiving care from a medical professional but if you have been unfortunate enough to do so, during such a critical moment as the birth of a child, we are here to listen and to help you move forward in the best possible manner. As birth injury solicitors we understand exactly how to help and what to look for in order to make a successful birth injury compensation claim.
In most cases birth injury compensation is claimed either for injuries relating to the mother or for injuries relating to the baby.
Claiming for Birth Injuries to the Mother – The injuries sustained by a mother during childbirth include vaginal tears, fissures, inadequate stitching post C-Section, inadequate repair of vaginal tears, infections and poor management of post-delivery care leading to complications. If medical negligence has caused any of these problems and we can demonstrate liability we can help a mother to seek birth injury compensation. We can also act for the spouse or civil partner of a mother who has died during childbirth to claim on their behalf.
Claiming for Birth Injuries to the Baby – Injuries to a new born baby as a result of medical negligence can include stuck shoulders, brain damage, cerebral palsy, damaged nerves, fractures skulls and in the most severe cases death due to a lack of oxygen. These complications usually arise from poor labour management. The parent or close family member of a child suffering due to negligence during birth should seek immediate assistance from birth injury solicitors. An independent medical opinion can be undertaken in order to obtain all relevant information before proceeding with a claim for compensation.
When making birth injury compensation claims it is important that there is a valid reason behind it. These reasons can include any number of the following, leading to illness, injury or death of mother and/or baby during pregnancy, childbirth or post-childbirth. Such grounds include:
If you are considering making a claim for birth injury compensation you might be wondering whom the claims would be made against. A medical negligence claim can be made against the medical facilities and professionals, whether that is an NHS hospital, a private medical facility or an individual surgeon.
The NHS R (NHS Resolution) represents the NHS against birth injury claims, with just 2% of all medical negligence cases making it to court. Our birth injury solicitors would ensure that you receive the appropriate amount of birth injury compensation for your specific case and future needs.
As with the majority of medical negligence claims you will generally have three years from the time of the incident in which to make birth injury compensation claims.
However, in some cases, you may have 3 years from the date that you first became aware of the birth injury. Also, if a patient was under the age of 18 at the time of the incident, they have 3 years from their 18th birthday to claim, or an adult family member may claim on their behalf before that point.
When you have made a claim for birth injury compensation there are a number of things that are recoverable such as costs, expenses and any damages that you wish to recover. Such damages include:
General Damages – compensation for pain, suffering and loss of amenity caused as a result of medical negligence
Medical Expenses – covering the cost of specialist care, future rehabilitation costs and private healthcare
Financial Losses – such as past and future loss of earnings
Travel Expenses – including all transportation between hospital and home, and the birth injury solicitors office and home
Funeral Expenses – In the event of death during birth, expenses can be claimed to cover the cost of the funeral
We can advise you on the amount of money you can expect to claim as part of your specific birth injury claims.
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Each case will have its own individual elements to consider, but the general process for pursuing a compensation claim with Hampson Hughes involves the following steps.
Once you get in touch, we can offer you a free consultation with the relevant specialist solicitor for your case.
Should we advise your claim is worth pursuing, and you choose our services, we will begin claim preparation.
We will help you to access and obtain all of the required medical evidence in support of your compensation claim.
Once we have submitted the claim to the defendant, we can begin negotiations on reaching a settlement.
Should no settlement be reached, your claim will proceed to court with a view to obtaining a favourable settlement.
Should your claim be successful and compensation be awarded, you should receive it within 14-28 days.
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