Birth Injury Compensation

While the majority of childbirths are successful, on occasion, mistakes occur, resulting in preventable injuries to mothers and infants. Birth injuries can sometimes be serious leading to a lifetime of emotional and financial difficulties. If you or your child suffered birth injury, you may be entitled to claim personal injury compensation for pain, suffering, loss and future expenses.

Most pregnancy complications arise during labour and delivery. The most common complications are pre-eclampsia. Pre-eclampsia is the presence of high blood pressure during pregnancy. If left unmanaged, it can endanger the life of both the mother and the baby.

The common birth injuries to infants include:

• Hypoxia which can lead to cerebral palsy, a brain damage condition affecting the child’s ability to control physical movements;
• Brachial plexis which is damage to the nerves that prevent the child’s control over his or her facial muscles;
• Nerve damage which can mean the child’s loss of use of his or her legs or arms.

Common Causes of Birth Injuries: 

• Unnecessary delay causing the infant to suffer irreparable harm
• Poor or incompetent use of forceps
• Incorrect administration of medicine
• Misinterpretation of medical conditions, including foetal heart rate
• Waiting too long to perform caesarean section

If you or your child suffered birth injury, you may be entitled to claim compensation.

How does the law protect you?

The professional body regulating doctors is the General Medical Council (GMC). The GMC requires doctors to:

• Make the care of their patient their first concern
• Protect and promote the health of patients and the public
• Provide a good standard of practice and care
• Keep their professional knowledge and skills up to date
• Recognise and work within the limits of their competence
• Work with colleagues in the ways that best serve patients' interests
• Work in partnership with patients
• Listen to patients and respond to their concerns and preferences
• Give patients the information they want or need in a way they can understand
• Respect patients' right to reach decisions with the doctor about their treatment and care
• Support patients in caring for themselves to improve and maintain their health

Birth injuries are commonly caused by a failure to exercise reasonable care on the part of medical professionals.

If you can show that your birth injury or the injury to your child was caused by your obstetrician or other medical practitioner’s failure to conduct your delivery in the same way as a reasonable obstetrician specialising in the same field would have, you will succeed in your claim for birth injury compensation. But, you will also need to demonstrate that had your delivery been conducted in a different way, the end result would have been different.

If you or your child suffered birth injury, give us a call on 0800 321 3287 for free advice. You may be entitled to make a personal injury claim for compensation.