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The birth of a child is often thought of as one of the happiest moments of your life, however this is not always the case, everyone’s birth story is different. Unfortunately, despite the excellent standards of today’s medical professionals there are still occasions where the standard of care provided is so poor, it is negligent, and mothers, babies and family members can be left with physical and mental birth injuries.
At Ison Harrison we regularly receive enquiries where the mother or baby has suffered an injury during childbirth, causing temporary or permanent damage. The effects of which can be devastating and in some cases life changing. The circumstances may include the following conditions or injuries:
· Erb’s Palsy (obstetric brachial plexus injury)
· Cerebral Palsy (CP)
· Kernicterus (caused by untreated jaundice)
· A baby being born with severe disabilities because there was a failure to scan for fetal anomalies, (wrongful birth claims are brought by Mothers);
· Urine and/or faecal incontinence due to a missed or inappropriate repair of a 3rd or 4th degree tear;
· Serious injuries sustained during caesarean section delivery
· Incorrect suturing (stitching) following a tear, episiotomy or a c-section
· Maternal death
· Failure to manage Group B Strep or other infections
· Failure to treat hydrocephalus (build-up of cerebrospinal fluid (CSF) on the brain)
· Retained parts of the placenta;
· Severe complications due to a failure to diagnose and manage pre-eclampsia;
· Haemorrhage due to a failure to diagnose and manage placenta previa;
· Urological injury and/or haemorrhage due to a failure to diagnose and manage an abnormally invasive placenta.
If we believe that there are sufficient prospects to pursue a claim we will guide you through the process and ensure that you get the compensation you deserve to enable you to obtain support and assistance when you need it the most.
We understand that making a claim will not undo the negligence you experienced and it can be difficult to come forward and discuss something that was traumatic, causes great stress or embarrassment. But it is important to understand that there is a legal framework in place which could help you to get answers and to secure compensation which may be simply to help you get back on your feet and continue a normal life, or to fund ongoing treatment and rehabilitation for you or your child.
There are 3 elements to consider when valuing a claim: General Damages, Past Losses and Future Losses.
General Damages: This is the compensation for the fact of the injury, the pain and suffering experienced and the inability to live and enjoy life. The amount is assessed by the Court in accordance with an established guidelines.
Past Losses: This is the compensation for expenditure and financial losses that have been incurred as a consequence of the injury, and would not otherwise have been incurred. It will be necessary to prove these losses and so it is important that you try to keep a record and receipts, or any other documents. Past losses can also include care provided by a family member, travel and parking costs. Keeping a diary of extra care provided which is due to the injury is a practical way of keeping track. Getting used to keeping receipts and putting them in one place is another!
Future Losses: Compensation is intended to try to put the injured person in the position they would have been in but for the negligently caused injury. By compensating, for example, loss of earning and pension, commercial care, the cost of therapy, equipment, transport, adaptations and alterations to your home it can help to maximise both the quality of the injured person’s life and their potential to live as full and independent a life as possible.
It is important that that you speak to a solicitor as soon as possible as there are time limits which apply to pursuing a claim. Court Proceedings need to be issued within 3 years of the negligence or the date that you become aware of the negligence. In cases involving a child, the 3 year period does not begin to run until they are 18.
Not all of the above conditions or injuries will be caused by negligence. However, if you believe you have suffered as a result of clinical negligence you can contact a member of the Ison Harrison Clinical Negligence team for free advice. We will listen to your birth story and deal with your enquiry in a sensitive matter.
You can contact a member of the team for free advice on 0113 284 5000 or email clinneg@isonharrison.co.uk
For more information please visit our website https://www.isonharrison.co.uk/
