CLINICAL NEGLIGENCE COMPENSATION CLAIMS

Birth Injury

Every day in the UK there are on average 70 babies born with some type of birth injury, ranging from minor to severe, from temporary to permanent, caused to an infant before, during or shortly after birth. Birth injuries are most often caused by induced or operative birth which may result in mechanical trauma or lack of oxygen resulting in brain damage. The most common birth injuries which result in clinical negligence compensation claims are as follows:-

Cerebral Palsy

This catastrophic birth injury can have terrible effects on the both the child and their family. It is caused when a child receives insufficient oxygen during the birth process which causes brain damage. Some affected children suffer extreme mental problems and others mental capacity is unaffected but they suffer from physical disability. There is no cure for cerebral palsy as the damage to the brain cannot be repaired.

Shoulder Dystocia

This is a life threatening condition which occurs when a baby’s shoulder get stuck behind the mothers pelvic bone during birth. There are certain well established protocols which an experienced medical practitioner must use to attempt to free the baby without injury. Failure to use these procedures which results in injury to either the child or the mother can result in clinical negligence compensation claims being filed in court against the hospital and midwife or doctor.

Erbs Palsy

This condition occurs when the network of nerves that run from the neck, across the shoulder to the arm and hand are damaged by mechanical trauma during birth. In severe cases the whole arm can become limp, the elbow does not bend and the hand may be help pointing backwards in a characteristic ‘waiters tip’ position.

Broken Collar Bone

Sometimes a baby’s collar bone is broken accidentally during the birth process and in particular this injury is associated with excessive mechanical force being used in dealing with Shoulder Dystocia.

Klumke's Palsy

This condition is caused in a similar way to Erbs palsy however only the hand is usually effected. Klumkes palsy is often associated with Horners syndrome.

Brachial Plexus Palsy

Brachial Plexus Paksy is caused in a similar way to Erbs palsy and occurs when the whole arm is paralysed and is often associated Horner's Syndrome.

Horners Syndrome

Occurs as a result of nerve damage during a particularly turbulent birth. The child may suffer from a droopy eye, uneven pupils and be unable to sweat on the cheek below the affected eye.

Specialist Solicitors

We represent a network of specialist medical negligence lawyers operating throughout the United Kingdom who deal with clinical negligence compensation claims. In England and Wales our solicitors are all members of the Law Society clinical negligence panel and are franchised to make an application for legal aid. Less than 1% of UK solicitors are clinical negligence specialists. Almost all children will qualify for legal aid even though the child's parents may have substantial income and assets as only the child’s income, if any, is taken into account. If you would like to talk to an expert lawyer just complete the contact form and a solicitor will phone you to give free advice without any further obligation whatsoever.