How much does it cost to make a childbirth injury claim?

How much does it cost to make a childbirth injury claim?

The birth of a child is a time of celebration. However, for a small number of people, the child’s birth can be overshadowed by a childbirth injury due to medical negligence. Doctors and other medical staff have a duty of care during a child’s birth to both the mother and the unborn child. However, on rare occasions, the performance of this duty falls below acceptable standards, resulting in a childbirth injury. Childbirth injuries caused by medical negligence can occur in both NHS settings and private hospitals. If you believe you might have a claim for a childbirth injury, then keep on reading. Here, Graysons’ team of medical negligence solicitors in Sheffield and Chesterfield answer some of the most frequently asked questions about childbirth injuries, including how much it costs to make a claim. 

What is medical negligence? 

Medical negligence, sometimes referred to as medical malpractice or clinical negligence, is when health care professionals, including doctors, midwives, and nurses, fail to provide an acceptable level of care which results in harm to the patient or the worsening of a pre-existing condition. Medical negligence can take place at any stage of the healthcare process, from your first point of contact to your last.  

Medical negligence covers a wide range of healthcare malpractice scenarios, including surgical errors, misdiagnosis, infection due to poor hygiene standards within the hospital, delayed treatment, premature discharge, and childbirth injuries. In most cases, patients receive a high level of medical care both within the NHS and in private hospitals. However, if you believe you have been a victim of medical negligence, including childbirth injury, then you should contact an experienced medical negligence solicitor, such as Graysons’ team of Sheffield and Chesterfield solicitors. 

What is a childbirth injury claim? 

A childbirth injury claim is a form of medical negligence. This type of claim pertains to any type of harm that occurs during or around the time of birth which results in injury to the child. Childbirth injuries can be evident immediately after the birth or may not be evident until the child starts to miss key development milestones. In rare instances, a childbirth injury may not become evident until later in life. Childbirth injury claims can range in severity. In extreme cases, a childbirth injury may result in permanent disability or death. A childbirth injury claim can be the result of a vaginal birth or caesarean section. If you believe you have a claim for childbirth injury, you should contact an experienced medical negligence lawyer, such as Graysons’ team of medical negligence solicitors in Sheffield and Chesterfield. 

What does it cost to make a childbirth injury claim?

Most childbirth injury claims will qualify for legal aid, which will help cover the cost of legal advice, mediation, and representation in Court. Graysons has run a significant number of childbirth injury claims with the benefit of Legal Aid funding.  Alternatively, claims can be run on a no win/no fee basis with the benefit of After the Event Legal Expenses Insurance, or in other cases with the benefit of existing Legal Expenses Insurance where available. Claims can be run on a privately funded basis, but the costs can be prohibitive. Contact us today if you would like to make a childbirth injury claim and if you would like advice in relation to funding and costs.  

What are some common types of childbirth injury claims? 

Childbirth injury claims cover a wide spectrum of conditions. Some common types of childbirth injury claims include:

• Birth asphyxia 
• Infection
• Head trauma, including bruising or lacerations
• Broken bones or fractures 
• Skull injuries
• Spinal cord injuries 
• Abdominal bleeding
• Infant death / stillbirth
• Cuts and scars 

An experienced medical negligence solicitor will be able to advise you as to whether you might have a successful childbirth injury claim. 

Can I sue a hospital for a childbirth injury? 

Yes, you can sue a hospital – either in the NHS or private healthcare sector – for a childbirth injury or traumatic birth. Suing a healthcare provider for a childbirth injury requires specialist expertise. If you believe you have been a victim of childbirth injury, then you should contact an experienced medical negligence expert, such as Graysons’ Sheffield and Chesterfield solicitors. 

How common are claims for childbirth injury? 

Childbirth injury claims are one of the most common forms of medical negligence, with more than 3 percent of babies suffering some form of birth injury in the UK.  If you believe you have a childbirth injury claim, you should contact a medical negligence lawyer, who will be able to advise you further. 

How long does a childbirth injury claim take? 

It is almost impossible to accurately state how long a childbirth injury claim may take as no two claims are ever the same. For relatively straightforward childbirth injury claims, it may take a year or two to negotiate a settlement. More complex, multi-faceted childbirth injury claims may take several years, especially if court proceedings are required. Working with an experienced childbirth injury specialist, such as Graysons’ team of medical negligence solicitors in Sheffield and Chesterfield, can help the process run as smoothly and quickly as possible while also helping to ensure the very best outcome.  

Is there a time limit on making a childbirth injury claim? 

You can make a childbirth injury claim on behalf of a child until they attain 18-years of age. The “child” has a further 3 years from their 18^th birthday in which to present a claim to Court, subject to mental capacity.  In the event of the “child” having a mental incapacity or disability, the time limit may be further extended.  While there are exceptions in certain cases, generally speaking you should make a claim within three years of the childbirth injury happening or when you first became aware of the childbirth injury. It is recommended that you make a childbirth injury claim as soon as the injury becomes apparent. If you believe you have a childbirth injury claim, then you should contact an experienced childbirth injury specialist as soon as possible, such as Graysons’ Sheffield and Chesterfield solicitors.  

What is the average pay-out for childbirth injury?

Every childbirth injury claim is unique, with compensation awarded based on the severity of the injury and the impact the injury has on the child’s day-to-day life. Compensation is designed to cover past and future care costs, medical equipment and treatment, future loss of earnings, as well as pain and suffering. For relatively minor injuries, a claimant may be awarded just a few thousand pounds. Other childbirth injury claims for severe injuries that significantly limit their quality of life, can run into millions of pounds. An experienced medical negligence solicitor, such as the team of medical negligence experts at Graysons, will be able to advise on the expected level of compensation for each case. 

How can a medical negligence lawyer help me with a childbirth injury claim?

Childbirth injury claims are complex, so you should always work with an experienced medical negligence solicitor who will be able to help ensure the very best possible outcome. A medical negligence expert will be able to advise you of your legal rights and help you obtain all the necessary documents, including medical records and witness statements, as well as any other evidence that may help strengthen your childbirth injury claim. They will also help you document any financial losses. In the event that your childbirth injury claim ends up going to Court, a medical negligence solicitor will be able to represent you. 

Why choose Graysons’ medical negligence Sheffield & Chesterfield solicitors? 

Graysons’ team of medical negligence solicitors in Sheffield and Chesterfield boast decades of childbirth injury claims’ experience and are on the AMVA (Action for Victims of Medical Accidents)  panel for clinical negligence. If you wish to make a childbirth injury claim, then contact us today.