Every year, approximately 700,000 babies are born in the United Kingdom. While the UK is one of the safest places in the world to have a baby, there is always the possibility that something can go wrong during birth. When doctors, midwives, and other medical personnel are negligent, a birth injury can occur. Depending on the severity of the birth injury, the infant may pass away, recover without further medical intervention, or be forced to endure life-long hardship brought on by permanent disability. In the latter case, parents may consider taking legal action against the parties responsible for the birth injury.
Birth injuries can be complex
Birth injuries are brought on by several factors and can impact an infant in countless ways. The most common causes of birth injury include a mismanaged difficult birth and injuries to the baby during and after birth, such as broken bones, dislocations, and brain damage brought on by trauma or oxygen deprivation.
The failure to effectively diagnose and treat neonatal hypoglycaemia (NH) can also lead to irreversible and severe brain damage. Common conditions brought on by birth injuries include Cerebral Palsy, Brachial Palsy, and Erb’s Palsy. Many infants also experience less severe birth injuries, such as bruising, subconjunctival haemorrhage, and Cephalohematoma (bleeding between the skull bone of the infant and its fibrous covering).
According to the Agency for Healthcare Research and Quality, the birth trauma-neonatal injury rate was 1.9 per 1,000 live births in 2013. These birth injuries can last a lifetime and may lead to many other medical complications. Many birth injuries are preventable and are caused by medical malpractice
The costs associated with birth injuries are exponential
Caring for a child living with the long-term effects of a birth injury can be financially devastating. Apart from the financial obligations associated with expert medical care, one also must consider the cost of specialised equipment, property adaptations, and long-term rehabilitation. Although families may qualify for statutory funding, it is hardly sufficient.
Obtaining fair compensation is one of the major areas in which a personal injury lawyer can assist the family of a child living with a disability. Enlisting the services of a reputable lawyer is the first step towards obtaining the financial support required to provide adequate long-term care to a child living with a disability.
Be aware of your rights
Many parents of infants who were injured at birth are not aware that they can claim compensation, what they can claim for, and how long they have to submit a claim. Birth injury compensation can be legally claimed for any birth injury that is suffered due to medical negligence. If the medical team overseeing the birth makes any mistakes immediately before, during, or right after the birth, a parent has grounds to make a legal claim.
A parent can submit a claim on behalf of a child until they turn 18 years of age. Once the child turns 18, a claim has to be made within three years. A reputable personal injury lawyer will provide greater insight into what legal route a family should take and what compensation they are entitled to.
A birth injury can have a huge emotional and financial impact on a family. Thankfully, awarded compensation can improve the quality of living of the affected parties considerably.
