Did you or your child suffer from injuries following a birthing trauma caused by medical professionals? If so, this guide will explain how you may be eligible to sue the NHS for birth trauma or claim compensation from a private healthcare facility with the help of our experienced medical negligence solicitors.
Key Takeaways On Suing The NHS For Birth Trauma
- Birth trauma is a physical or psychological consequence of a traumatic birth. Both women and their children may suffer as a result of such trauma.
- If a medical professional breached their duty of care, resulting in your birthing trauma, you may be eligible to sue.
- Birth injury compensation awards depend on the extent of injuries sustained and financial losses incurred.
- You typically have three years to start a medical negligence claim, although this rule has some exceptions.
- Our experienced solicitors specialise in medical negligence claims and may help you claim compensation on a No Win No Fee basis.
To start your claim today, get in touch with our helpful advisors by:
- Visiting our contact page
- Giving our advisors a call on 0800 073 8804
- Message our advisors on our live chat
Jump To A Section
- What Are Considered Birth Injuries?
- Can I Sue The NHS For A Birth Injury?
- Can I Sue The NHS For Birth Injury On Behalf Of My Child?
- How Much Compensation Could You Get For Birth Trauma?
- How Much Does It Cost To Make A Claim?
- How Can Legal Expert Help?
- More Information On Medical Negligence Claims
What Are Considered Birth Injuries?
The pregnancy and birthing journey is different for all women. However, some women or their babies may experience injuries and trauma during birth. Birth injuries are any form of physical or mental suffering a mother or baby may sustain as a result of a birthing procedure.
Babies may suffer from birth injuries such as brain damage, fractures or nerve damage. Whereas mothers may suffer from birth injuries such as post-natal infections, perineal tears or post-traumatic stress disorder (PTSD).
During labour and delivery, it is not uncommon for both mother and baby to suffer some form of injury. However, if you or your baby has suffered from a birth injury because you believe the healthcare team looking after you were negligent, get in touch with our helpful advisors today to find out if you are eligible to claim birth trauma compensation.
Can I Sue The NHS For A Birth Injury?
If you or your baby have suffered from a birth injury, you may be able to sue the NHS for birth trauma. However, you must meet the following eligibility criteria:
- A medical professional must have owed you a duty of care
- The medical professional must have breached this duty
- This must have resulted in you or your baby suffering from avoidable or unnecessary harm
A duty of care is a specific legal obligation imposed on healthcare professionals who work privately and within the NHS. Healthcare professionals must meet the correct standard of care when treating their patients. If they are in breach of this duty during your birthing procedure, it may result in you or your baby suffering from avoidable or unnecessary harm, which you may be eligible to claim compensation for.
Healthcare professionals may be in breach of their duty during your labour for:
- Failing to monitor the progression
- Misinterpreting or misrecording results
- Failing to attach or use equipment properly
- Incorrect management of medication
- Failure to report, diagnose or treat abnormalities
The Physical Effects Of Birth Trauma
The majority of birth traumas result in physical injuries sustained by a mother, baby, or both. Depending on the nature of the trauma, injuries may be mild or severe with corresponding levels of suffering.
Some examples of physical birth injuries mothers may suffer include damage to organs caused by negligent caesarean sections, post-natal infections, a retained placenta and nervous shock. Whereas babies may suffer cerebral palsy, erb’s palsy, brain damage due to a lack of oxygen, fractures, nerve damage and more.
The Mental Effects Of Birth Trauma
Traumatic birthing procedures can be frightening, stressful and worrying for mothers. Therefore, as well as potentially causing physical injuries, birth traumas may also result in mothers suffering from psychological injuries. Some examples of the mental effects of birth trauma include:
- Post-traumatic stress disorder (PTSD)
- Post-natal depression
- Anxiety disorder
Contact our advisors if you or your child suffered from medical negligence and you think you have good grounds to sue the NHS for birth trauma.
Can I Sue The NHS For A Birth Injury On Behalf of My Child?
Under the Limitation Act 1980, you typically have three years to start a medical negligence claim when claiming for yourself. However, there are some exceptions to this rule.
If your child has suffered from a birth injury caused by the negligent actions of a medical professional, you may be eligible to sue the NHS on their behalf. However, you must act as a litigation friend during the claims process. Litigation friends are appointed to act on behalf of those who are unable to go through the claims process because they are either minors (under eighteen) or lack mental capacity.
For children, the three-year claim time limit will begin once they reach the age of eighteen. However, litigation friends may claim on their behalf anytime before this. Further, if your child lacks mental capacity, there will be no time limit on their claim unless they regain mental capacity.
What Kind Of Birth Injuries Could I Claim For On Behalf Of My Child?
If the negligent actions of a medical professional led to your traumatic birth, injuring your child, they may be entitled to compensation. Here are some examples of injuries you may claim on behalf of your child:
- Brain damage – this may result in the baby suffering from a stroke or cerebral palsy due to a lack of oxygen in the brain
- Erb’s palsy – this may be caused by shoulder dystocia
- Broken bones, fractured bones or dislocated bones
- Nerve damage or paralysis
- Cord prolapse
What Happens To Compensation Awarded To My Child?
If you make a medical negligence claim on behalf of your child for trauma birth injuries and they are awarded compensation, you may ask ‘What happens to this award?’
Any compensation that is awarded to your child who is under the age of eighteen will go directly into a trust within the Court Funds Office. Once your child turns eighteen, they will have access to this reward.
What Happens To Compensation Awarded For Severe Injuries To Your Baby?
Your baby may have received a very serious birth injury. In these cases, typically the more severe the injury is, the greater amount of compensation. This will generally consider:
- The impact on your life as a parent. For example, if you have to stop work due to needing to care for your child, you could be compensated for your income loss plus pension contributions.
- Appropriate care and treatment for your child. This could include full time nursing care, home help carers, live in carers, and occupational therapies to help your child.
- Home adaptations. For example, installing a wet room, wheelchair ramp, stairlift, or ensuring rooms are the right size to hold specialist equipment.
- Specialist equipment and upgrades as your baby grows. For example, due to brain damage, your child may need a specialist bed and as they grow, this will need to become larger.
Every successful birth injury claim is unique. This means that the compensation awarded will be varied depending on the specifics of the case. Lump sums can be awarded to fund home adaptations or relocations as well as lost earnings. However, care costs could be awarded via periodical payments. This means that a payment will be made during each year of your baby’s life. Furthermore, as these periodical payments are index-linked, the amount will be adjusted as these costs change.
Get in touch with our friendly advisors to find out if you can sue the NHS for a birth injury on behalf of your child today.
How Much Compensation Could You Get For Birth Trauma?
If you or your child has suffered from a birth trauma, you may ask, ‘How much can you be compensated for a birth injury?’
The compensation you are awarded depends on the extent of your injuries and the financial losses this led you to incur. Therefore, medical negligence compensation is divided into two heads of claim: general damages and special damages.
General damages compensate you for the physical and psychological injuries you sustained. This head of claim is professionally calculated using documents provided by an independent medical assessor and guidelines presented by the Judicial College (JCG).
The JCG lists injuries and conditions accompanied by suggestive compensation brackets. The table below provides examples from the JCG, except for the top figure, of how compensation could be valued for birth injuries. However, these are guideline figures only; you are not guaranteed to receive these amounts.
| Injury | Compensation Guideline |
|---|---|
| Multiple Severe Injuries and Significant Financial Losses | Up to £25 million or more |
| Very Severe Brain Damage | £344,150 to £493,000 |
| Moderate Brain Damage (i) | £183,190 £267,340 |
| Paraplegia | £267,340 to £346,890 |
| Female Reproductive Injuries (a) | £140,210 to £207,260 |
| Severe PTSD | £73,050 to £122,850 |
| Moderate PTSD | £9,980 to £28,250 |
| Serious Shoulder Injuries | £15,580 to £23,430 |
| Noticeable Laceration Scars or One Disfiguring Scar | £9,560 to £27,740 |
| Fractures to Tibia or Fibula or Soft Tissue Injuries | Up to £14,450 |
Does Medical Negligence Compensation Cover Financial Losses?
If you have incurred financial losses as a result of your birth injuries, you may be compensated for this under the head of claim special damages. However, you must have also suffered from a physical or mental injury.
Some examples of financial losses include:
- Lost wages and income
- Lost work benefits such as holiday entitlement, bonuses and pension contributions
- Medical, recovery and travel costs
- Costs towards home adjustments and special equipment
When claiming compensation for special damages, you must provide evidence of the losses you incurred, such as:
- Payslips
- Medical bills
- Receipts
Contact our friendly advisors today for more information on birth injury compensation.
How Much Does It Cost To Make A Claim?
If you or your child sustained injuries following a traumatic birth, you may want to start a medical negligence claim to be compensated for the suffering this has caused. However, you may have many questions regarding the financial impact this may have on you.
Many people believe you must pay extensive fees when making a claim. However, with Legal Expert, you can get free legal advice when contacting us about the details of your medical negligence.
If your advisors determine that you meet the claims eligibility criteria, our solicitors may help you claim compensation on a No Win No Fee basis. Therefore, you do not need to worry about the cost of legal representation with our solicitors.
What Is A No Win No Fee Arrangement?
Our medical negligence solicitors operate on a No Win No Fee basis. They provide their No Win No Fee services under a Conditional Fee Agreement (CFA). This contract determines the financial side of legal representation and may benefit you in many ways.
If the claim has a successful outcome, your solicitor will take their success fee out of your compensation. This is a small percentage that is subject to a legislative cap. On the other hand, if your claim is unsuccessful, you are not asked to pay our solicitors for the work they have completed on your claim.
Contact our helpful advisors for more information on No Win No Fee claims or to start yours today.
How Can Legal Expert Help?
If you want to claim compensation for suffering caused by birth trauma, our solicitors at Legal Expert wish to help you if you are eligible to make a claim. Our solicitors may help you by:
- Walking you through the birth injury claims process and providing independent legal advice
- Explaining key legal terminology and documents
- Explain birth injury compensation
- Helping you obtain evidence and using this to build your case
- Contacting third parties and negotiating settlements on your behalf
Get In Touch Today
To start your claim today, get in touch with our helpful advisors by:
- Visiting our contact page
- Giving our advisors a call on 0800 073 8804
- Message our advisors on our live chat
More Information On Medical Negligence Claims
Visit the links below to learn more about medical negligence claims:
- Learn how to make a medical negligence complaint
- Information on proving medical negligence
- Information on claiming against the NHS
References:
- Information on feedback and complaints about NHS services, NHS.COM
- Information on maternity pay and leave from Gov.UK
- Access to the NHS health and safety policy, NHS.COM
We appreciate you finding the time to read this guide that explains how to sue the NHS for birth trauma.
