The arrival of a baby is meant to be a moment of joy, so when a child is harmed during pregnancy, labour, or delivery, the effect on a family can be profound and lasting. A birth injury medical negligence claim may be possible where a baby was hurt because the care given fell below an acceptable standard. Recognising that something may have gone wrong is not always easy, particularly in the early weeks when parents are simply trying to adjust, and this article is written to help. It explains the kinds of injury involved, how to tell when a claim may exist, and what to do if you have concerns.
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What Counts As A Birth Injury?
A birth injury is harm to a baby that occurs during pregnancy, during labour, or around the time of delivery. The term covers a wide range, from injuries that heal completely to those that affect a child for life.
At the most serious end is brain injury, often caused by a lack of oxygen, which can lead to lifelong conditions such as cerebral palsy. Other injuries are more specific to the delivery itself. For example, a brachial plexus injury, such as Erb’s palsy, affects the nerves controlling the arm and can follow a difficult delivery where a shoulder becomes stuck. Bones, most commonly the collarbone, are sometimes fractured during birth. Injury can also arise after birth, for example, where severe jaundice or an infection is not recognised and treated in time.
How Can You Tell If A Birth Injury Was Avoidable?
This is the central question, and it is not one parents can be expected to answer alone. A birth injury only leads to a claim where the care fell below the standard of a reasonably competent professional and where that failing caused the harm. Many injuries occur despite good care and could not have been prevented.
Some features may suggest that care should be looked at more closely. These include a labour where the baby’s heart rate gave cause for concern that was not acted upon, a delay in carrying out a caesarean section, difficulty during delivery that was not well managed, or a baby who needed resuscitation or intensive care after birth. None of these confirms negligence, but they are the kind of details our specialist solicitors will want to examine through the records and independent expert opinion.
What Signs Might Appear Only Later?
Not every birth injury is obvious at the time. Some become apparent only as a child grows and does not reach the milestones expected of them.
Parents may notice delays in sitting, crawling or walking, a marked preference for one hand at a very young age, stiffness or floppiness, difficulty feeding, or problems with hearing or vision. These signs do not necessarily point to a birth injury, and there can be many explanations, but where they are present it is worth seeking both medical advice and, if you have concerns about the care around the birth, legal advice. The cause of a child’s difficulties can often be investigated even years afterwards.
Who Brings A Claim For An Injured Child?
A child cannot bring a claim themselves, so where a baby has been injured a claim is brought on their behalf by a parent or other suitable adult acting as their litigation friend. That person gives instructions and makes decisions in the child’s best interests with the guidance of the solicitor.
Any settlement reached for a child has to be approved by the court to make sure it is fair and enough to meet the child’s needs. Where a child’s injuries are so serious that they will never be able to manage their own affairs, arrangements are put in place for the compensation to be managed for their benefit throughout their life.
How Long Do You Have To Make A Claim?
The time limits for children are more generous than the usual three years. A parent can bring a claim on a child’s behalf at any point during childhood. If no claim is made, the three-year period does not begin until the child’s eighteenth birthday, so a claim can usually be started up to their twenty-first birthday.
Where a person will never have the mental capacity to manage legal proceedings, which applies in some of the most serious cases, no time limit applies at all. Even with this additional time, there are real advantages to seeking advice early, because records are more readily available and events easier to piece together.
What Can A Claim Achieve For Your Child?
Compensation in a serious birth injury claim is designed to meet a child’s needs for the whole of their life, and in the most severe cases the sums are large because they must provide for a lifetime. A claim can fund care, therapies such as physiotherapy and speech and language therapy, specialist equipment, suitable accommodation, and support with education, as well as reflecting any effect on the child’s future ability to earn.
Where liability is admitted, it is often possible to obtain interim payments so that support can begin before the claim is finally resolved. Compensation is frequently structured so that part is paid as a lump sum and part as regular payments continuing for life.
Talking To Us About Your Child
Questioning the care your child received is a hard thing to do, and you do not have to have all the answers before getting in touch. Our solicitors will look carefully at what happened, explain clearly whether there may be a claim, and guide you through the process at a pace that works for your family. Call Simper Law on 01603 672222 or complete the enquiry form on our website, and your first conversation with us will be free and without any obligation.
We offer a free initial conversation with no obligation, giving you the information you need before you decide how to proceed. To speak to a member of our medical negligence team, contact us on 01603 672222 for a no-obligation conversation today or Click Here To Make An Online Enquiry.
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