Birth Trauma and Injury Claims

Common types of birth injury  

There are several common types of birth injuries that can occur during childbirth, including:

Brain injury

Trauma before or during childbirth can cause damage to the brain, impacting cognition, memory, and other cognitive functions. This can happen when a child’s brain has been starved of oxygen. For example, where there are problems with the umbilical cord, uterine rupture or an injury sustained by their mother.

Cerebral palsy

This is a group of lifelong conditions that can affect a child’s movement, co-ordination, balance, and posture. There are several types of cerebral palsy which can affect individuals in different ways. It can be caused by damage to a child’s brain during childbirth which is often caused by a lack of oxygen.

Brachial plexus injury

A brachial plexus injury occurs when the nerves in the neck and shoulder are damaged during delivery. It can cause weakness or paralysis in a child’s arms.

Erb's palsy

This is a type of brachial plexus injury that specifically affects the upper nerves in this area. It can lead to loss of movement in the arm and shoulder, though it may not always impact feeling sensations in the arms and shoulders. Erb's palsy can be caused by excessive pulling or stretching of an infant's head and shoulders during a difficult or prolonged delivery.

Facial paralysis

Facial paralysis is a condition caused by nerve damage during childbirth that can cause temporary or permanent weakness or paralysis to the muscles in the face. This can be caused where there is nerve damaged to a child’s face.

How much compensation can be awarded in cases involving a birth injury?

It is difficult to give a precise figure on the amount of compensation is likely to be awarded when bringing a medical negligence claim for injuries caused to a mother or her child as it depends on the circumstances of the particular case.

Compensation is awarded for the pain and suffering that has been experienced due to the  negligence. The compensation is intended to cover the financial losses incurred as a result of the negligence, as well as, including any future losses that is reasonably foreseeable that they will suffer.

Several factors can impact the amount of compensation a child might receive including the:

• severity of the injury suffered and whether it will have long-term consequences for the child,
• amount of care needed by the child as a result of the injury and how long this will be needed for.
• amount of financial losses incurred, such as, the loss of wages where a parent has had to take time off work to care for a child.

What is the average birth injury settlement?

 It is worth noting that many medical negligence cases are resolved through settlement before they reach court. In these cases, the parties negotiate a settlement amount that is acceptable to both sides. Settlements can be beneficial for families going through the difficult process of seeking compensation for their child's injuries, but it is essential to ensure that any settlement amount adequately reflects the damages suffered.

As discussed above, it is difficult to give a precise figure on the amount of compensation you are likely to receive by bringing a medical negligence claim on behalf of a child as it depends on the circumstances of the particular case.

It is important to remember that if compensation is awarded on behalf of a child, the law states that the compensation must be protected for the child. In cases where the child is likely to have capacity when they become an adult, the money can be held by the court or in certain types of Instant Savings Accounts.

In cases where compensation is awarded to a child that does not have capacity to manage their own finances when they become an adult, a Financial Deputy is usually appointed to manage the child’s funds appropriately and ensure that their needs are being met.

Time limits for birth injury cases

For medical negligence claim arising from an injury caused to a child before, during or immediately after childbirth, a claim can be brought on their behalf at any point before the child turns 18 years old. If a claim has not previously been pursued when the child turns 18, they can bring a medical negligence claim before their 21^st birthday so long as they have capacity to conduct litigation.

Where a child has suffered an injury which significantly affects their cognition they may not have capacity to conduct litigation. There is no time-limit for a claim to be brought on behalf of an individual who does not have capacity to conduct litigation.  

If the medical negligence claim arises from an injury which is sustained by the mother, in most cases the time limit is 3 years from the date of the negligence or from the date she ought reasonably to have become are of the negligence.

Stillbirth claims

Where medical care provider is found to have breached its duty of care and through a negligent act or omission caused a child to be stillborn, the parents of the child may be able to bring a claim for the pain and suffering that they have suffered.

These claims must be made within 3 years of the date you received the negligent medical care, the date you became aware of it or the date of your child’s death.

Wrongful birth claims

A wrongful birth claim can be brought by parents in circumstances where a child has been born who would not have been born if negligent medical care had not been provided. For example, where a father had a vasectomy or where a child’s parents were not advised that their child would have been born with a particular disability or medical condition and had they been, they would not have continued with the pregnancy.

These claims must be brought by the parents within three years from the date of the child’s birth or from when the parents ought to have been aware of the negligence that occurred.