Birth Injury Claims
A birth injury can affect either the mother or the baby before, during and after the birthing process and although this does not occur in every case it can have severe consequences when it does occur.
We appreciate at Moore Blatch Resolve that having suffered from a birth injury can change your life and we can assist you by providing you with legal assistance to help you improve the quality of your life or your child’s life through obtaining compensation for them.
Compensation can provide a lifeline for you to ensure you and your child receive the appropriate level of care and support.
What is a birth injury?
Suffering a birth injury can have severe consequences on the mother and the child and can occur during pregnancy or during and after the birthing process. Injuries that have been suffered by the mother during pregnancy have been looked at under our other topic of obstetric failures.
There are five main types of birth injury that can occur to a child during the birthing process, which include:
• Cerebral Palsy – a condition affecting the part of the brain that controls movement - see separate article.
• Erbs Palsy – weakness or paralysation of a newborn baby’s arm – see separate article.
• Hypoglycaemia – low blood sugar levels at birth.
• Hip Dysplasia – dislocation of the leg from the pelvis.
• Hyperbilirubinaemia and Kernicterus – untreated on inadequately treated jaundice which can lead to brain damage.
Hyopoglycaemia
Babies born with low blood sugars can sustain serious brain injury if not treated in a timely fashion. Those babies at particular risk are:-
• Babies who have breathing difficulties
• Pre-term babies
• Babies whose mother has diabetes
• Babies who are hypothermic
All babies who are in the high risk category should have their blood sugars monitored on a frequent basis and receive the appropriate treatment. Click here for recent case study.
Hip Dysplasia
Hip Dysplasia is a comprehensive term that is used to include a spectrum of related developmental hip problems in babies and children, often present from birth or shortly thereafter.
Hip Dysplasia in essence, is a dislocation of the leg from the pelvis. Monitoring and careful examination of the hip should be carried out at regular intervals after the baby is born by healthcare professionals. The babies that are at most risk of developing hip dysplasia are:-
• Breach presentation babies
• Family history of dysplasia
• Foot deformities
• Lack of fluid surrounding the baby in the womb
Hip Dysplasia can be detected at a routine post natal check-up. Commonly the healthcare professional will carry out the Ortolani test whereby the baby’s thighs will be spread out or the Barlow test where the baby’s knees are brought together, to elicit his/her findings. In older infants health care professionals will check on how tight the hip adductors are by spreading the baby’s hip or by checking whether the skin creases around the groin or buttocks are symmetrical or by checking the leg length of the infant.
Diagnosis can also be achieved by an ultrasound or x-ray. Treatment for Hip Dysplasia is aimed at reducing the hip to a good position and holding it there by positioning. In young babies a Pavlik Harness is frequently used to align the hips but in infants over six months old, surgical intervention may be required. Provided hip dysplasia is treated promptly it is unlikely that there will be any long term damage. However, if hip dysplasia remains undiagnosed and untreated, arthritic changes will occur and joint pain will set in leading to significant mobility problems.
Hyperbilirubinaemia and Kernicterus
Hyperbilirubinaemia is a condition in which there is too much bilirubin in the blood. When red blood cells break down a substance called bilirubin is formed. Babies are not easily able to get rid of the bilirubin and it can build up in the blood and tissues of the baby’s body. This is called hyperbilirubinaemia. Bililrubin has a pigment of colouring and causes yellowing of the baby’s skin and tissues. This is called jaundice.
About 60% of term newborns and 80% of premature babies develop jaundice. Providing treatment is prompt the bilirubin levels will return to normal but if treatment is delayed and the baby’s bilirubin levels remain high, a baby can develop kernicterus (a type of brain damage that causes athetoid cerebral palsy and hearing loss.
The normal treatment regimes are phototherapy (where the baby is exposed to blue spectrum lights which absorb the bilirubin) or exchanged transfusion to replace the baby’s damaged blood with fresh blood, and ceasing breast feeding for one to two days.
Medical care and rehabilitation
The effects of a birth injury can range tremendously therefore the medical care required will depend on the seriousness of the condition in the particular case. Specialist care is required to assist in raising a child suffering with a birth injury and you and your family will require support and assistance to ensure your child has the correct level of care.
At Moore Blatch Resolve we have vast experience of working with rehabilitation units throughout the country. We take an active role in providing quality information and advice to them about the extra resources that may be available through litigation. We work with rehabilitation experts both in the NHS and in the private sector to ensure the continuity of your child’s care.
Our aim is to assist you to help ensure your child’s healthcare and welfare is attended to and we can do this by obtaining interim payments of compensation to assist you with you and your child’s:
• Rehabilitation
• Re-education/training
• Transport
• Housing
• Aids and equipment
• Care support
• Therapeutic services
• Case management.
Long-term support and care
Many people who suffer as a result of a birth injury require some support for the rest of their lives. Our aim at Moore Blatch Resolve is to assist you as much as possible to ensure your child receives the medical support and care that they require. We have a wide range of contacts with organisations that can assist you and can work closely with you and your family. These include:
• Case managers who will assess and organise any support and care your child may need;
• Support workers who will visit your child on a regular basis to provide you support and help;
• Community rehabilitation such as physiotherapy and occupational therapy.
Our aim at Moore Blatch Resolve is not only to recover for your child the best settlement in relation to your medical negligence litigation but to ensure your child’s healthcare and welfare is a priority.
When should I contact a solicitor?
You should contact a solicitor as soon as possible. The sooner we can commence work on your claim the sooner we can begin to assist you and your child.
We can advise you on your benefit rights and also advise on dealing with debts which might arise due to being off work caring for your child.
Can I claim compensation for a birth injury?
A birth injury may be caused by the negligence of your healthcare professional before, during or after the birthing process and can be caused as a result of a number of things including inadequate training or lack of staff however, this is not an excuse for you or your child to be injured unnecessarily.
If you or your child suffers as a result of a birth injury and you think this may have been caused by the negligence of your healthcare provider either during or after pregnancy then the Moore Blatch Resolve Clinical Negligence team may be able to help you with a claim for compensation.
Examples of negligence that can occur can include:
• Failure to correctly monitor the baby during labour;
• Failure to detect or respond to fetal distress efficiently;
• Failure to identify and treat jaundice in the neo-natal period;
• Failure to identify possible complicated birth e.g. large or premature baby.
It is very important to contact an experienced solicitor to receive legal advice. We can guide you through the initial process and provide you with the best advice as to whether or not you have a claim. You may not consider that you have a claim but we may well be able to assist you. We also receive numerous enquires from clients who wish to transfer their files to us if they are not satisfied with the progress that their current solicitors are making.
Funding
We will offer you a first free interview. At this initial consultation we will advise you whether or not your claim is worth pursuing. If you do decide to proceed with your claim we will advise you as to the best methods of funding the legal costs of your case. Legal Aid is available for clinical negligence claims and we will assess your eligibility at the outset.
Where a claim of medical negligence is being brought as a result on an injury to a child up to the age of 16 then Legal Aid will generally be available subject to the merits of the case being investigated by the Legal Service Commission.
If you do not qualify for Legal Aid the options are as follows:
• Legal Expense Insurance: We will check whether you have a policy of insurance which covers your legal costs;
• A Conditional Fee Agreement commonly known as a no-win-no-fee agreement. Under this particular scheme you receive 100% of your damages and no deductions will be made from these. Our fees are recoverable from the defendant at the successful conclusion of your case. If you are not successful in recovering damages you will be protected by after the event insurance policy to protect your position financially. Therefore even if you are not successful you will not owe anyone anything.
How much compensation will I receive?
If the claim is successful compensation will be awarded. The aim of the compensation is to provide financial compensation for you or your child as in most cases of birth injury professional medical care, physiotherapy and occupational therapy is required on an ongoing basis.
Compensation is listed under various categories:
• Damages for pain suffering and loss of amenity. These are often called general damages and are awarded to compensate you for actual injury you sustained. The amount of compensation you will receive depends upon the nature and extent of your injuries, the effect it has on your daily life for example taking part in recreational activities such as sports and hobbies;
• Damages for financial losses to the date of settlement of your claim. These will include loss of earnings (loss of tax and national insurance);
• Private medical or therapeutic expenses;
• The costs of any aids and equipment which you have purchased;
• Travelling expenses incurred by you or your family;
• The value of the care which is provided to your child by your family, partner or friends;
• The cost of any professional care which is being provided.
Damages for future loss and expenses
Many people who suffer as a result of a birth injury will suffer long term losses and expenses as a direct result of their condition. Calculation of the losses involved can complicated however compensation will take into account some or all of the following:
• Future loss of earnings including the loss of any promotion prospects;
• Loss of pension rights;
• The cost of providing personal care support;
• The cost of a case manager;
• The cost of physiotherapy and any other specialist therapeutic services;
• The cost of special accommodation which may be required;
• The cost of any special aids or equipment including annual maintenance and replacement costs;
• Extra transport costs;
• The cost of managing your child’s financial affairs.
It is our aim in cases to obtain for you interim payments on account of damages these will assist you in the day-to-day management of your child’s life while your claim is being settled.
Damages for medical negligence resulting in death
If the medical negligence of a healthcare professional results in the death of the patient a claim can be made for damages for some or all of the following:
• Pain, injury and suffering of the deceased from the date of the incident to death;
• Funeral expenses;
• Loss of earnings from the date of the incident to death;
• Bereavement damages where there is a wife or husband of the deceased or in the case of a deceased child under the age of 18.
A claim for dependency can also be made for those who were dependant (i.e. relied upon) for example, the deceased’s income from work, a pension or the deceased’s services. In all cases it is necessary to prove that there was a reasonable expectation of financial benefit from the deceased.
Dependants are classed as the following:
i. Husband or wife or former husband or wife of the deceased.
ii. A civil partner or former civil partner of the deceased.
iii. A person who was living with the deceased as husband or wife for at least 2 years prior to the death.
iv. A person who was treated by the deceased as his or her parent.
v. A child or dependant of the deceased.
vi. A person who, in the case of marriage to which the deceased was at any time a party, was treated by the deceased as a child of the family in relation to that marriage.
vii. A person who is the brother, sister, niece, nephew or cousin of the deceased.
Financial affairs
For many people who have suffered as a result of negligence managing their own affairs is difficult. We can refer you to those able to provide specialist investment advice to help you if you are having difficulty managing your finances. If the Court of Protection is involved our Court of Protection team will liaise closely with them to ensure that public funds are made available as quickly as possible to replace your lost income and to pay for special needs and care support.
Time limits
There are strict time limits for pursuing claims of compensation. If proceedings in respect of the claim are not started within three years from the date of the injury the court may decide that your claim is out of time. However whilst the period of time limit is strictly enforced by the courts there are certain circumstances in which it is possible to bring your claim outside the three-year time period.
Please contact us at the earliest opportunity and we can discuss this with you.
Will I need to attend court?
The vast majority of cases are negotiated and settled before they go to court however some may ultimately go to a trial. However you can rest assured you are in safe hands. We are very experienced at Moore Blatch Resolve in dealing with medical negligence claims and we will guide you through the process.
Contact us on 0800 158 5258: If you believe that you or someone you know has suffered as a result of medical negligence please do not hesitate to contact us, we deal with clients throughout the country and we will visit you at your home, hospital or rehabilitation unit.