We can help you claim
compensation following an accident
illness or injury - nationwide
Call: 0800 10 757 95
A 2008 birth injury compensation claim highlighted two areas of consideration regarding birth injury; the fact that adults can sue a negligent hospital for birth injury caused during their own birth, and the fine line between delaying delivery to aid foetal progression in the womb, versus foetal distress during delayed delivery causing debilitating injury.
A 21 year old man who suffered oxygen starvation during his birth and was left with cerebral palsy, learning disabilities, communication problems and right-sided paralysis, has successfully made a birth injury compensation claim against the medics that managed his mother's delivery.
His mother was only 14 when her high-risk pregnancy became difficult and she went into premature labour at 28 weeks gestation. A judge has now ruled that medics at the maternity hospital managing her labour failed to heed warning signs that the premature baby was suffering distress.
The mother criticised the health workers involved in her son's birth.
She said, "I never felt I was taken seriously and I felt that my social circumstances figured too largely in the minds of those looking after me."
Medics were reported to have taken a "wait and see policy" in respect of the birth. They had reasonably suggested that the birth should be delayed for as long as possible to allow the foetus as much progression in the womb as possible. This could have improved the projected outcome for the baby.
The mother was kept under observation for eight days until the baby was born, but in the hours leading up to the birth there were clear signs of foetal distress. The delay caused oxygen starvation to the baby which has since been directly linked to the devastating haemorrhage suffered by the newborn a while after the traumatic delivery.
The judge ruled that the delay in arranging a Caesarean birth was a negligent breach of duty when judged by standards of the time.
Adult claims for birth injury compensation
The case highlighted is a complex one, both legally and medically, but it highlights that an adult can claim for the mismanagement of their own birth. This particular claimant will need care for the rest of his life and any award that he receives will allow him to pay for that care.
The question of intervention in birth is sometimes a difficult one, both for parents and medical professionals alike. However, when there is clear evidence of foetal distress, one should be able to rely on the knowledge and expertise of health staff to recognise and comprehend fully the correct time to intervene.
Delayed Birth and YouClaim
If you feel that intervention in your labour has not been carried out in time, and has caused you or your baby birth injury, you may be able to make a birth injury compensation claim.
We understand the pain and distress of birth injury claims, whether made soon after the birth or made much later by the injured adult, and we can assure you our handling of your case will be as appreciative of your suffering as possible. Our medical negligence solicitors are amongst the most experienced in the country and are governed by the regulations of the Law Society.
Whilst the complexities of birth injury medical negligence claims preclude us from stating that you will not be charged any legal fees, we assure you that we will advise you of any charges before you commit to them and in a won case we will always reimburse you.
If you wish to discuss a birth injury compensation claim, please call our confidential helpline now on 0800 10 757 95 or you can request a more convenient time when we can call you back. Alternatively, fill in the online claim form and we will look into your compensation claim before we call you to discuss it further. Above all, at YouClaim we are here to help.
