Birth Injury Claims

Pre and Post Natal Trauma – Birth Injury Claims.

When a newborn is injured either before, during or after birth, there can be life-changing implications. Nothing can ease the trauma of a medical mistake, but our Solicitors can help you make a claim for compensation against the professionals responsible. Click on the Banners to learn more or fill out the contact form and a Solicitor will contact you either for an appointment or a chat direct.

Antenatal injuries to the Baby

There are lots of causes for a baby growing in the womb to be starved of oxygen or to suffer in some other way. The purpose and direction of proper antenatal care is to help prevent and eliminate as many of these issues as possible. If the mother has pre-eclampsia, obstetric cholestasis, diabetes or some other risk factor, then various steps should be taken to reduce the liklihood of injury to the baby. If these steps are not taken and the baby suffers as a result, there may be grounds for a birth injury claim.

Other complications during pregnancy, such as placenta praevia, placenta abruption or anemia can also limit the oxygen and nutrients supply to the foetus, which may then lead to birth defects or the death of the child prior to or following birth.

Similar complications can also negatively impact the short and long-term health and wellbeing of the mother.

Our Law Society approved Medical Panel Birth injury Solicitors have the specialist knowledge and expertise to build a strong medical negligence claim for you and will help guide and support you throughout your case. Whilst nobody can turn back the clock on the events, the financial compensation achieved from a successful birth injury claim can ease the burden of the costs of care and equipment.

Post Natal Injuries to the Baby

Factors that make traumatic birth injuries more likely include:

Mothers not receiving the correct amount of pain relief. In these circumstances the delivery can be delayed because of interuterine tension, exhaustion (fatigue) and relectuance to push. The mother or baby can also suffer cuts, bruises and fractures during the delivery. Emergency Caesarean sections, potentially caused by the baby suffering from oxygen deprivation or a fall in heart rate. The unforeseen use of instruments like forceps to assist the birth. Poor or impersonal care given to the mother before, during and after the birth. A traumatic birth injury may not only have physical consequences to the mother and/or child, but may also result in the mother suffering from postnatal post-traumatic stress disorder (PTSD), which may damage their psychological wellbeing long after the birth. This can then result in mothers struggling day-to-day and a loss of financial earnings, as well as the need for future counselling or psychiatric care.

Injuries to the Mother

The extent of these injuries is very large. We will list some here but ultimately we could fill reams of pages with injuries that are possible. Contact us to discuss your case in depth.

Gestational diabetes – can cause problems for the mother as well as the baby. If labour is not properely monitored, indications that help will be needed to deliver the baby is often overlooked. This can lead to injuries to the mother that could have been avoided if prompt action was taken.

Inappropriate episiotomy or vaginal tearing could often be avoided if the baby was believed to be too large for vaginal birth. Incorrect stitching of the perineum after the birth, or missed signs of perineal injury or wound infection can also cause painful complications.

Birth claims often require massive amounts of funding and can have a roomful of experts giving very complex opinion. It is important that from day one you are not just happy but comfortable with the lawyer you have chosen to represent you. This lawyer may be working on your action for a long time.

Vaginal / Perineal Tearing as Birth Injury Claims.

The area between the vaginal opening and the anus is called the perineum. It is tissue that is particularly open to damage during the birth process without any negligence but perhaps more so if the process uses instruments. In some cases, performing an incision may well prevent uncontrolled tearing (known as an episiotomy). Perineal tears are usually not predictable, however, there are precautions and there are ways of preventing small tears becoming larger. In some instances, it is still fair to say, the tear can be prevented.

What are the allegations that attach to these claims:

  • Not allowing for the risk of perineal tears or failing to advise the patient properly.
  • Failing to take steps to minimise the risk of tearing.
  • Getting a diagnosis wrong or not repairing a tear
  • Not acting on signs of infection or unusual symptoms.

You Do Not Have To Go Through All Of This Alone…

  • Free Chat with a Fully Qualified Panel Medical Solicitor
  • Free Advice Session Regarding your Options
  • Free Claims Viability Assessment
  • No Win No Fee Claims
  • Tel 01904-914-989
  • Email

Categories of Vaginal and Perineal Tear

There are four degrees of perineal tears, ranging in level of severity and treatment.

  • First-degree tear – The most minor injury, which occurs and heals naturally. They may be sore but is unlikely to cause any long-term problems.
  • Second-degree tear – More serious, second-degree tears extend into the perineal tissue. They often involve perineum muscle , they usually require stitches.
  • Third-degree tear – The tear extends away from the vaginal wall towards the perineum and anal sphincter. You’ll be treated in an operating theatre in the same way as a fourth-degree tear.
  • Fourth-degree tear – The most severe. They extend into the, sphincter, anal canal and rectum, causing often double incontinence.

The amount of compensation will depend on your precise circumstances. As a general guide only you could consider the following:

  • £600,000 for a woman who suffered a third-degree tear, and developed psychological conditions.
  • £300,000 for a woman who suffered a fourth-degree tear during a forceps delivery.
  • £90,000 for a first-time mother whose doctor failed to repair a 3rd degree tear.

Funding a Birth Claim

Law Med Members have a unique and clear agreement on costs.

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