In most cases of pregnancy and child birth all goes well for both mother and child. However, in a few cases the care received is below that which you would expect to receive and is so poor that it is negligent. In fact, about 11% of all medical negligence claims are for medicine and surgery relating to childbirth according to the 2020/21 Annual Report from NHS Resolution.
Poor care can lead to devastating, life changing injuries and it is at this point that patients should consider bringing a compensation claim.
How are birth injury cases different?
Birth injury cases can be complex because of the medical issues involved and may require additional advice from experts in a number of medical fields as well as the expertise of the lawyer in this particular specialist area. Cases may include applying for medical records if a case is to be pursued.
Avery Walters medical negligence and birth injury specialists are experts in dealing with these complex cases and gaining the maximum compensation where possible.
Examples of pregnancy and birth injury which can be caused by negligence may include:-
• Lack of screening
• Uterine rupture
• Ruptured placenta
• Retained Placenta/foetal tissue
• Mismanaged pre-clampsia
• Delays in delivery
• Brachial Plexus
• Shoulder dystocia
• Missing or not treating a maternal infection
• Cerebral Palsy
• Negligent caesarean sections
and many more.
No Win No Fee Scheme
Can I make a claim under a No Win No Fee? In most cases yes if it is felt that you have a strong case. This would mean that even if your case were to be unsuccessful then you would pay nothing.
How soon do I need to make a claim?
The parents or guardians can make a claim for injuries to a child and have up to the child’s 21st birthday to make a claim.
If you are an injured mother and have the capacity to instruct a solicitor then you have 3 years to make a claim from the date you realised you had been injured by negligent treatment.
If, however, you are under 18 years of age when you were injured by negligent treatment you will have 3 years from your 18th birthday to bring a claim.
In the event that you lack mental capacity to instruct a solicitor the three years will run from the date when you gain mental capacity.
How do I make a claim?
Contact us now for a free initial consultation where we will be able to advise on how to proceed with your claim and the level of compensation you may be able to receive.
Birth Injury claims Simplified
If you require any legal advice in regard to birth injury negligence or require any other legal advice then look no further than Avery Walters where some of West Yorkshire's leading birth injury and medical negligence solicitors are based. Do not hesitate to get in touch with us today for a FREE initial consultation.
Call us on 0113 200 7480 and ask to speak to birth injury and pregnancy negligence specialist David Cartwright who will answer any questions you have. Your initial consultation is also free.