Birth injury - what do when the unthinkable happens.

                                                                                         

While most people in this country enjoy a high standard of care from both the NHS and private healthcare services, there are occasions when things go wrong. The medical profession is bound by a "duty of care" towards all their patients - if they fail to carry out medical procedures, misdiagnose conditions or offer day to day care at the expected level then they may be liable.

While the results of such accidents can be hugely traumatic, whether you are the victim yourself or the victim is a relation, you should be aware that if injury or death has been caused then you might be entitled to bring a claim for clinical negligence compensation.

Nowhere is this more true than in the case of birth injury; if you are the parent of a child who has been injured at birth through suspected clinical negligence you may think that the last thing you want to deal with is the stress of a legal case.

However, it is important to realise that your child may need lifelong care, medical attention and specialist facilities. While these pragmatic considerations may not be uppermost in your mind in the aftermath of a difficult birth, the implications on your life as a parent, and for the life of your new child, are huge.

The definition of a birth injury is 'any injury sustained before, during or shortly after birth' and can be anything from skin irritation through to more serious injuries such as broken bones, nerve damage and conditions related to brain injury such as cerebral palsy.

Birth injuries can also include injuries to the mother including damage nerve damage (e.g due to problems with epidural) and other tissue damage. While death in childbirth (for both child and mother) is far more rare these days, this tragic occurrence could also be covered by a claim for clinical negligence compensation, if the deaths were shown to be due to negligence by the healthcare provider.

Birth injury cases are extremely complex, not least because of the stress they can place on new parents, already struggling to deal with a newborn. In addition, injury must be shown to be avoidable and that the healthcare provider gave an insufficient level of care to deal with the situation. This can involve testimony from a number of experts and specialist knowledge of the claims procedure.

If you believe that you, your child or your partner was injured during birth then it is important to have a solicitor or specialist claims company than has the experience and expertise to deal with a claim of this kind.

By employing such a specialist not only will you be able to reduce the stress involved in making a claim but you also stand to get a better deal for you and your child.

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