Pregnancy and birthing are two important phases in not just a mother’s life but they are also very crucial for the baby that is about to be born. Medical professionals are responsible to provide proper care and advice to the pregnant woman and after delivery offer help in taking care of the newborn. This is to ensure that the birthing process is completed without any complications and there are no health dangers for the baby in the coming years. In addition to these, a mother who is helpless at the time of labour and delivery needs to be assured that her baby would be born in safe hands and that there would’t be any birth injury caused to her.
Birth Injury Claims
If you have been a victim of a birth injury, you would know how painful it is to deal with this fact the rest of the life. When such an incident occurs, it is mandatory for the parents or other family members to bring a claim, known as birth injury and pregnancy claim, to recover any costs spent on medications, tools, procedures, and surgery during the birth of a baby. Sometimes there is a delay in the treatment or failure to provide appropriate treatment at the time when it was needed that result in a birth injury. Sometimes there is no qualified doctor available to supervise the entire process of birthing, which results in a mishandled case. First, everybody should try and get the best possible treatment when a baby is about to born. After all precautionary measures, still if some mishap takes place, it is the usually the person performing the procedure or the assistants and nurses who should be held responsible.
There are a number of birth injury claims that can be filed depending on the type of mishap or the severity of the injury caused. You need to know which category your claim would fall under knowing what exactly caused the injury and was it misdiagnosis, failed or incomplete treatment, an error during ICU treatment, a delay in treatment, placenta mismanagement, errors during epitome, and mishandling of epidural during labour.
All the above-mentioned cases fall under one of these divisions of birth injury claims;
- Labour and delivery injuries
- Cesarean (C-section) mismanagement
- Intensive care unit errors
- Placental abrupt ion
- Placenta mismanagement
- Ectopic pregnancy misdiagnosis
- Misdiagnosis of cerebral palsy, Eb’s palsy, and hip dyspepsia
- Perinea tears (second and third degree)
- Mismanagement of gestational diabetes
- Treatment errors in Prue clamps
You need to know exactly where the error or mismanagement took place because once you file a claim you would have to come up with evidence to show that the birth injury was caused due to negligence of the hospital staff. Your solicitor will guide you through the entire process and help you come up with documented evidence but first you should make sure that you know the area your case belongs to.
Why File a Claim?
Birth injuries may occur even if the health care professionals have been very careful in performing all the procedures during labour and delivery. Sometimes these injuries can become a permanent suffering for the person and the family and therefore it is important to expose the negligence on part of the doctor, nurse, midwife or whoever is responsible to save other people from becoming victims of such carelessness and trauma. The family that suffers from such a shock knows how painful it is to deal with it. And most of all, the mother who spent nine months in pregnancy and so many hours in an extremely painful labour, experiences the grief of such an incident for the rest of her life. It is therefore advisable to go for a claim even if the injury is minor.
When you file a claim, it is done on a no-win-no-fee basis. This means that you won’t have to pay the solicitor any fee if the case is unsuccessful. Medical negligence solicitors are also available to offer free consultation and free advice for those who suffered a birth injury or their family members. This advice is meant to determine if there is a need to file a medical negligence claim or go for a complaint to the hospital instead.