How Much Compensation Can You Claim for A Childbirth Brain Injury? – Calculate Amounts
Birth negligence stories can be incredibly upsetting and traumatic. If something has gone wrong while you were giving birth to your child, there can be severe consequences both to you yourself as a mother, the partner of a mother or a baby’s parent. Often, there can be brain damage in babies due to lack of oxygen, as well as other injuries, including cerebral palsy. Sometimes, the mother will suffer birth injuries too. No matter what has happened, if you have been the victim of medical negligence and your child has sustained an injury that could have been prevented, you will be able to make a claim for compensation. At Legal Expert, we have many years of experience and we have helped many people to get the compensation they deserve. If you have any queries, you can reach us on 0800 073 8804. However, before you do so, make sure you read on to discover everything you need to know about making a childbirth medical negligence claim. Our guide below is split into manageable sections that should cover the most frequent questions surrounding childbirth negligence.
Select A Section
- A Guide To Birth Brain Injury Compensation Claims
- What Are Childbirth Brain Injuries?
- What Is Birth Injury Negligence?
- Cerebral Palsy Compensation Claims
- Infant Brain Damage Symptoms
- Childbirth Infant Brain Damage Recovery
- Overall Statistics For Birth Injuries
- What Could Your Infant Brain Damage Claim Include?
- Claiming Compensation For Adaptations To Your Home Or Car
- Child Birth Brain Injury Compensation Claims Calculator
- No Win No Fee Traumatic Birth Brain Injuries
- Why You Should Make Your Childbirth Medical Negligence Claim With Us?
- Speak To Legal Expert Today
- Resources And Useful Links
We know that any sort of issues during birth can be incredibly traumatic. This is especially the case when it comes to brain injuries sustained during birth and labour. If the brain injuries your child has sustained could have been prevented, it can be a very bitter pill to swallow, and something that most parents struggle to come to terms with. If this has happened to your child and your family, it is vital that you get the compensation you need so that your child has all of the assistance required. In this guide, you will find out everything you need to know about making such a claim. This includes details on how to launch a claim and the sort of payout you can expect. You will also find information on the causes of brain damage during pregnancy, as well as the signs of brain damage from lack of oxygen and other scenarios.
There are a number of different ways that infant brain damage can happen. This includes physical trauma, infant jaundice, and oxygen deprivation that are suffered during labour and delivery, as well as infections within the mother’s body. The result of brain trauma can differ in severity dramatically, often causing a number of different psychological issues and disabilities. In order to be able to make a claim, you need to show that the injuries have been caused because of negligence on behalf of one or several of the healthcare professionals of whose care you were in.
Medical negligence during childbirth relates to any actions or lack of action by the hospital staff that has resulted in damage to the child or an injury to mother during birth. Examples include the following:
- Hip dysplasia
- Fractures to the baby during delivery
- Injuries to the baby during delivery
- Cerebral palsy
- Brain injuries
- Misdiagnosing pre-eclampsia
- Retained instruments – swabs
- Anaesthetic errors
- Injuries to organs during a C-section
- Perineal tears
- Episiotomy errors
- Suturing errors
We have helped a lot of people to launch cerebral palsy claims and get the compensation they deserve. This is because it is one of the conditions that is most frequently linked to birth injuries. In these cases, the child is likely to develop disabilities that are permanent as they grow older, impacting their posture, body balance, and muscle movements. For more information about making a cerebral palsy claim, please do not hesitate to get in touch.
There are a number of different infant brain damage symptoms that can be experienced. However, these symptoms and the severity of them will depend on how the brain damage occured. Nevertheless, it is still important to know about the signs of brain damage in toddlers. Three common symptoms are as follows:
- Delays in development– Some babies, for example, may not be able to crawl or smile appropriately for their age. Of course, it is critical to remember that not all babies are going to hit the developmental milestones at the same time.
- Physical appearance – In some cases, babies suffering from brain damage will look totally fine. However, there are also a lot of cases whereby a clear sign of brain damage is abnormal physical appearance. For example, infants with brain damage can hav an abnormally large forehead, a deformed spinal cord, deformed facial features, difficulty focusing their eyes, or unusually small skulls.
- Abnormal temperament– Another sign that your infant could have brain damage is if they have an abnormal temperament, for example, high-pitched wails and crying combined with being extremely fussy and refusing nourishment.
The seriousness of the injury that has occurred to the baby will play a significant role in determining whether there is any treatment and, if so, what treatment will be available. For example, if there is a child that experiences mild brain damage, surgery may not be beneficial, however, he or she could benefit from medication, occupational therapy, and physical therapy. Nonetheless, surgery may be required for more traumatic brain injuries in order to repair damaged blood vessels and decrease the intracranial pressure and swelling. It all depends on the extent of the damage and the type of brain damage that has been suffered. Moreover, it is important to recognise that infants who survive brain traumas and experience successful infant brain damage recovery will often continue to suffer in different ways. As they grow older, they will have to cope with a whole host of cognitive, physical, and psychological issues. This will all be taken into account when determining the amount of compensation that is awarded.
According to this report published by the UK Government, the number of infants with a brain injury has risen from 3,011 in 2010 to 3,445 in 2015. This means that for the most recent statistics (for the 2015 period), the rate of brai injuries per 1,000 births is 5.19.
First of all, you are going to be compensated for the injury itself when making a childbirth brain injury claim. This is calculated based on the suffering you have experienced. What type of injury have you or your child sustained? How long will it take you or your child to recover? Are there going to be any lifelong effects? What impact is the injury having on your life? These are the sorts of things that will be considered when determining how much money you should receive for your injury, which is known technically as ‘general damages’.
Aside from this, you will also be able to claim for any costs that have been encountered as a direct result of your injury. These are known as special damages and you will need to have proof of them in order to claim. Here are some examples of the types of special damages that are commonly claimed for when making an accident claim…
- Loss of earnings – If you are not covered by sick pay or are self employed you will likely have experienced a loss of earnings whilst you recover from your injury.
- Prescription and treatment costs
- Travel costs – This can relate to anything from the cost of traveling to the hospital and paying for parking, to having to use alternative travel while you recover from your injuries.
- Childcare expenses – People with children often have to pay for childcare while they recover from their injuries or you may need specialist childcare to assist if your child has shown early signs of brain damage because of the birth incident.
It is worth pointing out that there is a personal injury claims time limit when it comes to birth medical negligence cases, and this is three years from the date of the incident, i.e. the birth. If you do not claim, your child may have the option to do so when he or she turns 18-years-old, but it is better to claim sooner rather than later.
It is also important to recognise that you can make a claim for any adaptations you have had to make to your home or car so that your disabled child can have a more comfortable and convenient life. Any changes that you have made for your child will be covered in the personal injury claim. Make sure you keep receipts and any other documents that will act as proof, as they can be especially helpful when launching your child birth brain injury claim.
You are probably wondering how much compensation you will receive for the injury that you have sustained. However, it is important to note that, no matter whether you are trying to secure cerebral palsy compensation or birth injury to mother compensation, your case will be handled on an individual basis. This means that all of the circumstances will be taken into account, from the severity of the original injury to the impact it has had on your life, to determine the payout that you will get. This is why it is simply impossible to provide you with an exact payout amount. You may think that what we are saying is incorrect because you have seen numerous personal injury claims calculator tools online. However, even if you come across a birth injury compensation calculator, in particular, these tools will only ever provide a very rough estimate and you should certainly never pin your hopes on them. In the table below, you can see the average payout amounts for injuries that often occur because of a child brain injury during birth. This should give you an idea regarding the sort of compensation you may receive.
|What type of injury have you sustained?||Some extra details about this injury:||What is the average payout for this sort of injury?|
|Severe psychological injuries||In these cases, the prognosis will be extremely poor. The individual will also experience serious problems with regards to the following: future vulnerability, the extent to which treatment would have a positive impact, the effect on the individuals’ relationships, and the person’s ability to cope with work and life in general.||£48,080 to £101,470|
|Moderately severe psychological injuries||The individual impacted will experience some of the problems that have been mentioned in the former paragraph. However, the prognosis will be much more optimistic, and this is the main difference between severe and moderately severe psychological injuries.||£16,720 to £48,080|
|Moderate psychological injuries||For these types of injuries, there may be a few issues with regards to the likes of the claimant’s relationships and their vulnerability in the future. However, the prognosis will be good and by the time of the trial, there will have been a marked improvement.||£5,130 to £16,720|
|Less severe psychological injuries||For these cases, the amount of compensation awarded will depend on the extent to which the likes of sleep and daily activities are influenced, as well as how long there will be psychological disability.||£1,350 to £5,130|
Hopefully, you now have a better understanding regarding the average birth injury settlement for the sort of injury you have sustained. However, if you cannot find your injury in the table above, please do not panic. You can still make a claim. All you need to do is give us a call to find out more about the level of traumatic birth compensation you may receive.
When you choose to make a claim with Legal Expert, one thing you can be certain of is our No Win, No Fee approach will always apply to your service. For those who are unaware, this means that you only need to pay legal fees if your case is a success. There are a number of advantages associated with this, including the following:
- No money needed to start your claim – It is believed that approximately seven in ten people who are entitled to compensation never claim. One of the main reasons for this is because they don’t have enough cash to start a child birth brain injury claim. Yet, you don’t need a penny to start a claim with a No Win, No Fee solicitor.
- Financial risk eliminated – One of the main reasons why so many people opt to use a No Win, No Fee service is because of the fact that they will not have to pay any money if the claim is an unsuccessful one. If you have suffered an injury through no fault of your own, there is no denying that you will already be distressed enough as it is. You certainly don’t want to be worrying about the potential financial ruin you could experience if you had to pay for a personal injury solicitor yet they failed to file a successful claim. Luckily, you don’t have to worry about any of this.
- Better service guaranteed – Another benefit associated with No Win, No Fee is the fact that you are assured to experience a much better service. Why is this the case? Well, a personal injury lawyer working to this payment structure is going to work as hard as possible to make sure your case is a success, as they obviously want to get paid. However, if you opt to use the services of a traditional solicitor, the outcome of the case does not affect the amount they are paid.
There may be many personal injury claims companies to choose from, but there is only one that can promise the best service every time, and this is Legal Expert. Here are some of the reasons why you should make a claim via us:
- Free Advice – One of the best things about Legal Expert is the fact that our advice is free. All you need to do is call one of our friendly and experienced advisors. They will talk you through your claim and answer any queries you may have.
- No Win, No Fee – If you choose to use Legal Expert, we will provide you with a No Win, No Fee personal injury lawyer. This is crucial, as it ensures you do not pay if your claim is unsuccessful. Moreover, you won’t need any money to begin your case either. This is the best option to go for, as risk is diminished and you know you will benefit from the best possible service.
- Experience – We have helped thousands of personal injury victims ever since we opened our doors. This should put your mind at ease, as you know your claim is in safe hands. You aren’t taking a gamble with us, as our solicitors who have up to 30 years of specialist experience will have handled cases similar to yours many, many times before.
- Great reputation – We are proud to boast an impeccable reputation. This is built on integrity, reliability, dependability, and accountability. In fact, we encourage you to read our customer reviews.
- Convenient – Last but not least, we provide one of the most convenient services you will find in the industry. All you need to do to make a claim is ring the number that was mentioned earlier in the post and at the end of this guide. We know you have a lot to cope with at the moment, so we aim to keep everything as straightforward as we can.
Are you ready to make a child birth brain injury claim? If so, we are ready and waiting to help you get the compensation that you are entitled to. We have a team of experienced and dedicated advisors that can be reached seven days per week, from 9.00 a.m. until 9.00 p.m., on 0800 073 8804. There are plenty of other ways you can get in touch with us too, aside from solely by phone. Head to our contact page for more information. We also have a live chat facility on our website, as well as the option to request a call-back free of charge.
We hope that you have found this guide informative while looking for information on birth injury compensation claims. However, we know that you may be looking for some extra details. The websites below should be useful to you:
More on Birth Injury Claims– This link takes you to our guide on birth injuries caused by medical negligence. You will find information on the different types of child birth injuries that can occur, including brain injuries as well as other types of injuries.
NHS – Cerebral Palsy– This link takes you to the NHS website where you will find details on cerebral palsy, including symptoms, causes, and much more. It covers how it is diagnosed, how to care for a child with cerebral palsy and a lot of other information.