We can help you claim
compensation following an accident
illness or injury - nationwide
Call: 0800 10 757 95
Pregnancy and birth are both miraculous and fraught with potential difficulties. Although the large proportion of pregnancies and births go well and result in a healthy baby, data collected by the British Isles Network of Congenital Anomaly Registers (BINOCAR) from 2005 to 2009 shows that more than one in 50 newborns suffer from birth defects.
BINOCAR covers five registers in England and Wales alone so the figure may in fact be higher, but it is important to realise that although this amount of birth defects is a great concern, they are not the fault of hospital staff and cannot usually be claimed for.
The important difference between a defect and an injury is that a defect is genetic (congenital), or caused by environmental factors such as the mother abusing drugs or alcohol or falling ill during pregnancy.
A birth injury is caused by a medical error or negligence by hospital staff and would not have occurred if clinical professionals had performed their roles correctly.
Some more common birth defects are Down's syndrome, congenital heart disease, spina bifida and cleft lip or cleft palate.
There are some measures which can be taken to prevent some birth defects, for example ingesting a prescribed amount of folic acid can reportedly reduce the risk of a baby suffering from spina bifida, but in a large number of cases prevention is not possible.
However, the European Surveillance of Congenital Anomalies (EUROCAT) has found that throughout the whole of Europe only 2% of babies are born with a defect that will actually affect their ability to function normally.
In many cases the birth defect can be operated on following the arrival of the baby, for example a cleft lip can usually be surgically treated at three months of age to help the infant feed better and to aid with speech development in later life.
Some birth defects cannot be operated on, but other medical aid or help from an organisation can often be sought. This can help the growing child and their parents come to terms with the defect and live as unimpeded a life as possible.
Hospital staff have a duty of care towards a mother and her baby during pregnancy and during and after the birth.
If, through staff negligence, the mother or baby suffer a personal injury which would not have been sustained if professionals had performed their jobs correctly, then the hospital or health organisation may have a compensation claim made against them.
Potential injuries to the baby include shoulder dystocia, haematoma, Erb's palsy or other brachial plexus damage, cuts, fractures, nerve damage and spinal cord injury.
Some of these injuries can be devastating to a family and affect the quality of life that the newborn will experience as they get older.
If you or your baby has sustained a birth injury, then contact YouClaim to see if you could be eligible for compensation for your pain and suffering. We could find an expert birth injury lawyer to represent you.
Call today on 0800 10 757 95, fill in a short online claim form, or begin an online chat using live help. One of our legal advisers is waiting to help you.
