Birth Injury Solicitors
Childbirth is an emotional experience and sadly things can go wrong. We expect a certain level of medical care during childbirth and when the standards of the doctor or midwife slip, the effect of a birth injury can be devastating for both parents and child. If you’ve had any problem with any stage of your pregnancy, labour, delivery of your child or the aftercare received, then please let our birth injury lawyers know. Our birth injury solicitors are experienced in birth injuries to both babies and mothers in Cornwall and Devon, including cases where, sadly, someone has died.
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.
Our Birth Injury Solicitors Can Help You
Our birth injury solicitors can help you with a number of claims including:-
- Brain injuries
- Muscular and physical injuries
- Injuries during deliveries
- Perineal tears
- Retained products of conception
- Nervous shock following a traumatic birth
- 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
What Birth Injuries To Your Child Can You Claim Compensation For?
Our significant experience within the field means we will undertake your claim if your child has an injury or condition due to a failure of care during childbirth. These include:-
- 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.
What Birth Injuries Can A Mother Claim Compensation For?
We have achieved successful outcomes for mothers who have experienced medical negligence, ensuring they receive the compensation they are due.
As a mother, injuries you can claim for include:-
- Perineal tears – Although common, if not treated properly can lead to longstanding problems, such as 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.
What Other Birth Injuries Can My Birth Injury Solicitors Claim For?
Compensation claims are not restricted to ongoing illnesses or conditions brought on as a result of medical negligence. You might also qualify for compensation in cases of:-
- Stillbirth – If after 24 weeks your baby died in the womb due to failings in the medical care you received
- Death following birth – If your child died shortly after birth due to the negligence of medical professionals
- Wrongful birth – Where negligence can be proved in cases of conception that occurred despite sterilisation or vasectomy procedures, or you were given inaccurate advice regarding the risk of birth defects
There is a 3 year time limit on medical negligence claims of this kind, effective either from the date of the incident or from when its effects were first discovered.
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 3 year limit starting when they reach the age of majority. 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 count.
If any of the above has happened to you, our birth injury lawyers are here to help and guide you through the process. We’ve helped many people to claim compensation after avoidable birth injuries so we know exactly how to approach your case to get the best possible result.
Please contact us for more information