Birth Injury Compensation Claims

The joy of pregnancy and giving birth can sometimes be marred by certain unfortunate accidents.  Of the estimated 680,000 successful births, there are times when the birth does not go so well due to the incompetence of the medical team or medical negligence.

Causes of birth injury

The causes of a birth injury can include complications with delivery, staffing problems or NHS funding problems which can threaten the safety of the mother or the baby before, during and after the birth.  It is estimated that about 5000 babies suffer various forms of injuries during birth.  These injuries suffered by the mother include vaginal tears, incorrect suturing following an episiotomy and infections while those of the baby include cerebral palsy, brachial plexus injury, umbilical cord complications,  ruptured placenta, skin irritations, arm fractures, brain damage, facial palsy, eye infections and injuries, spinal cord injuries and hypoglycaemia.

In an unfortunate situation of birth injury, the midwives who supervised the birth and or the obstetrician who was present or attended to the baby afterwards may be held accountable.  This may be due to their inability to properly asses and or observe the unusual conditions surrounding the birth which has resulted in the injury and or treatment / intervention provided by them which may have been inappropriate.  It also includes the medical team’s failure to diagnose or react to hypertension and failure to assess whether other forms of delivery, such as caesarean section, should have been considered.

Birth injury and the law

The laws of the UK categorise such blunders by the medical team as professional negligence and the attending doctor / midwife will be held liable unless it is proven he acted in accordance with a body of medical opinion on the subject of birth and delivery.  The duty of care imposed on the medical profession towards their patients makes them responsible and accountable for carrying out procedures with due diligence and in a proper manner.  When the medical team fail to discharge their duties in accordance with the high expected standards and as a result their patient suffers, a claim may be made against the staff member(s) involved.

Claiming birth injury compensation

Pinstripe make it easy for you to claim compensation for a birth related injury. All you need to do is complete the simple online form opposite and the experienced and friendly claims team will handle it from there. It's that easy!