Birth Injury Claims

Coodes’ specialist Clinical Negligence lawyers help clients throughout the South West and beyond to successfully pursue birth injury claims. If you or your child has suffered an injury or developed a condition as a result of clinical negligence during birth, we can help you secure the justice and compensation to which you are entitled.

Our approach to birth injury claims

We understand that childbirth is an emotional experience but sadly, what should also be a beautiful experience can sometimes be anything but. Things can and do go wrong, sometime resulting in serious even life-changing injuries to either the mother or the child, or both. These experiences can be devastating. When birth injuries occur as the result of the inadequate care of doctors, nurses or midwives during pregnancy, labour or deliver, you may be eligible to claim compensation. Our Clinical Negligence team are experts in birth injury claims and have helped hundreds of clients to get vital financial awards.

Of course, financial awards can’t fully compensate you for the trauma that accompanies birth injuries from clinical negligence or address any long-term consequences. But compensation can help you to make any necessary adjustments to your lifestyle and help you get your life back on track. Compensation could also help to provide vital support if a mother and/or child has died as a result of clinical negligence during pregnancy or birth.

Many of the birth injury clinical negligence claims that we advise on are handled on a no win no fee basis, meaning that there is no financial risk to you if your claim is unsuccessful. In some cases, your claim may be eligible for legal aid, if your child has suffered a serious brain injury.

Can you make a claim for birth injury resulting from clinical negligence?

Our Clinical Negligence team have specialist expertise in making birth injury claims. We have successfully advised clients on a wide range of birth injury claims, including:

Birth injuries to the child:

• Brain injuries – often resulting from trauma during birth, such as a lack of oxygen through asphyxiation. The major brain injury in this category is cerebral palsy.
• Muscular and physical injuries – Erb’s palsy; brachial plexus; Klumpke’s palsy; shoulder dystocia
• Injuries during delivery – caused by incorrect medication or mishandling: bone damage; lacerations; skull fractures; stress-related injuries
• Infections – injuries that arise from infections or develop during pregnancy and should have been identified by a medical professional: meningitis; group b strep; folic acid deficiency; spina bifida; anaemia

Birth injuries to the mother:

• Perineal tears – although common, if not treated properly can lead to longstanding problems, such as incontinence, pain and psychological damage
• Retained products of conception – in the tragic event of a miscarriage there is the risk of tissue remaining in the uterus, which can lead to bleeding and infection
• Nervous shock following a traumatic birth – post-labour nervous shock can arise due to improper care following what has been a traumatic birth. This may result in psychiatric damage and mental illness.
• Failed sterilisation
  • Failure to clamp or cut the fallopian tubes properly
  • Failure to cut the sperm duct correctly
  • Failure to advise on using contraception for four months after a vasectomy
• Fertility/IVF negligence
• Wrongful birth
  • Failure to warn that your baby had a serious health condition, you may have opted to not proceed with the pregnancy
• Birth defects
  • Failure to diagnose hereditary/genetic birth defects such Down’s Syndrome
  • Failure to diagnose structural birth defects such as spina bifida
• Misdiagnosed miscarriage
  • An ectopic pregnancy misdiagnosed as a miscarriage
  • A miscarriage misdiagnosed as an ectopic pregnancy resulting in unnecessary surgery to remove a fallopian tube
• Stillbirth and neonatal death

How much will your birth injury claim cost?

In many cases, we will be able to support you on a no win no fee basis, meaning that if your claim is not successful, you will not have to pay any legal fees.

Whatever your case, we offer a free initial consultation to help you understand the process and the likely funding basis of your claim.

How long do I have to make a birth injury clinical negligence claim?

You usually have up to three years from the date of the birth injury or when its effects were first apparent to start a clinical negligence claim for birth injury.

As far as your child is concerned, you have until their 18th birthday to make a claim on their behalf. After this it becomes the responsibility of the child to make the claim, with the three-year limit starting when they reach the age of 18. If they lack the ‘capacity’ to handle their own affairs, the time limit does not apply. Similarly, if the birth injury claim is on behalf of an adult incapable of handling their own affairs, the limitation does not apply.

We recommend that you contact us as soon as possible, so that our clinical negligence lawyers can explain the process of claiming compensation, start your claim and help you access any other support and/or rehabilitation you need.

In many cases, we will be able to support you on a no win no fee basis, meaning that if your claim is not successful, you will not have to pay any legal fees. If your child has suffered serious brain injury at birth as a result of clinical negligence you may be eligible for legal aid to support your claim.

How much compensation could you receive?

Every case of birth injury is different. That’s why it is important to get expert advice from qualified specialist lawyers who really understand the unique nature of each birth injury issue and who are experienced in working with medical professionals to truly understand its long-term implications.

The amount you can claim will depend on a number of factors, including the severity of the injury, any financial losses you or your child have suffered or will suffer in the future, and any changes to your lifestyle that you have to make as a result of the birth injury. Whatever the case, our specialist clinical negligence lawyers will ensure that you get the compensation and support you are entitled to.

Of course, financial awards can’t fully compensate you or your loved one for a birth injury caused by clinical negligence or address the long-term consequences. But compensation can help you to make any necessary adjustments to your lifestyle and help you get your life back on track. Compensation could also help to provide vital support if you have lost the capacity to work as a result of birth injury.

Legal aid

Legal aid is available in cases involving children who have suffered serious brain injury during pregnancy, childbirth or during their first eight weeks of life. If this injury has resulted in severe disability to the child, public funding may be available to investigate a medical negligence claim. Coodes are the only firm locally to be able to offer this funding option.

In many cases, if you claim is not eligible for legal aid, we will be able to support you on a no win no fee basis, meaning that if your claim is not successful, you will not have to pay any legal fees.

Whatever your case, we offer a free initial consultation to help you understand the process and the likely funding basis of your claim.