Birth Injury Claims
Zenith encourages ease and approachability with clients, old and new. We are considerate of the emotional turmoil woven through a personal injury claim and appreciate the heightened sensitivity of a birth injury.
A birth injury can occur before, during or straight after the birth of the child. These can be physical injuries experienced during childbirth and can affect the mother or the baby. In new born babies (also referred to as neonatal birth trauma), these can include bruising and broken bones.
Birthing injuries include:
BABIES
- Broken Bones
- Shoulder Dysplasia
- Hip Dysplasia
- Cerebral Palsy
- Still Birth
MOTHERS
- Perineal Tears – of third and fourth degree
- Mistakes in Episiotomies
- Fatalities
Some of the more common birth injuries are:
- Brachial palsy. This occurs when the group of nerves are damaged causing weakness or paralysis in the arms.
- Bruising or forceps marks.
- Facial paralysis.
- Fractures.
- Subconjunctival haemorrhage. This occurs when a tiny blood vessel breaks beneath the clear surface of the eye.
ELIGIBILITY
Medical mistakes can occur during childbirth and it can lead to devastating outcomes Our specialist team can help you claim compensation if you believe that you (or your baby) have experienced a birth injury caused by the negligence of medical professionals then you may be entitled to claim compensation.
It is advised that if you believe there to have been a negligent act which resulted in an injury to yourself or the baby then you should seek advice from a specialist medical negligence lawyer as soon as possible. However, there are time limits to give some flexibility.
If the birth injury claim is in relation to the baby, then you have up until their 18th Birthday. From the 18th birthday they have a further 3 years to make a claim, until they are 21.
As for the mother, a claim must be made within 3 years from the date of knowledge that there has been medical negligence.
We advise you to seek professional advice from our medical negligence experts as soon as possible, particularly if you believe a negligent act has resulted in an injury to yourself or the baby.
If the birth injury claim is in relation to:
The Baby: You have up until their 18th Birthday. From the 18th birthday they have a further 3 years to make a claim, until they are 21.
The Mother: A claim must be made within 3 years from the date of knowledge that there has been medical negligence.
HOW LONG WILL IT TAKE FOR MY MEDICAL NEGLIGENCE CLAIM TO SETTLE?
Each claim must be considered upon its own merits. The type of medical evidence we must obtain will be dependent on the act or admission carried out by the medical expert. Whilst we are unable to provide a time frame, we do promise to ensure the claim is dealt with in a swift and professional manner.
WILL I RECEIVE AN INTERIM PAYMENT?
Interim payments are not an automatic right, you will need to show that there is a need for the interim payment for one to be obtained from the relevant insurers.
WOULD YOU ASSIST WITH REHABILITATION AND TREATMENT?
We are not here only to just recover compensation for the malpractice of a medical professional, we are here to also ensure that you are adequately looked at, cared for, and made sure that you are on the right path to recovery. Money can only go so far if you are still suffering so we will do our best to align you with the best medical professionals out there to maximise your chances of recovery.
HOW MUCH DOES IT COST ME TO MAKE A MEDICAL NEGLIGENCE CLAIM?
The cost of instructing a medical negligence lawyers can become alarming, even more so when situations like these can unfortunately put you of work. The though of further expenses coming out on-top of your reduced wage can be disheartening.
However, at Zenith Lawyers LLP we make most of our medical negligence claims on a No Win No Fee basis. This means that you won’t pay anything upfront and will only pay if your claim is successful at the end. Most legal fees will be covered by the third party and the rest will only be deducted from your compensation award. All this will be formally discussed and agreed with you prior to proceeding forwards with your claim.