Birth Injuries

We act on behalf of many clients who have suffered injury as a result of negligent treatment during labour and/or delivery. This can be in relation to not only the baby, but also the mother.

The majority of cases do involve the child and can include injuries such as brain damage resulting in cerebral palsy or injuries to limbs such as erbs palsy caused by shoulder dystocia. These injuries can lead to permanent disabilities and claims involving such injuries can take many years to settle. This is due to the need for a final prognosis before a claim can conclude and the complex nature of such claims.

Claims involving the mother could include internal injuries caused as a result of a difficult and negligent delivery. These injuries can also lead to permanent difficulties.

The majority of birth injury claims involve brain damage which has been caused by a lack of oxygen during labour and delivery. The severity of brain damage can vary and will largely depend on the extent to which the baby has been starved of oxygen and how they respond to treatment following delivery. Brain damage, such as cerebral palsy can lead to varying symptoms and disablities such as difficultiy feeding, inablity to communicate through speech, lack of mobility, behavioural problems, developmental delay and epilepsy. Some children may have very physical disabilities but have little cognitive impairment and vice versa. Sadly, in some cases children are found to have very limited cognitive and physical function.

We appreciate that it can be extremely demanding caring for such disabled children and for many families, there are other siblings too. The majority of children who have severe brain damage will not be able to live independently and will be reliant on their parents and families or residential care. It is vital to the child's quality of life and progression to have a suitably adapted environment to meet his or her needs. This can include appropriate equipment and a suitably adapted property.

The aim of compensation is to provide funds to enable a property to be purchased and adapted, where necessary, and to ensure all appropriate equipment is provided. Compensation will also enable carers to be employed so that family life remains just that. Where liability has been resolved by either admission or at Trial, it is then possible to obtain an interim payment to enable some aspects of care, accommodation, equipment and treatment to be put in place.

We understand the need for an urgent interim payment to allow families to provide for their disabled child and ensure they have the best quality of life. We appreciate the strain that can be placed on a family in this situation and will do our best to endeavour that the litigation is pursued with the utmost sensitivity and expertise.