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Child Birth injuries

Child Birth Injuries – An Overview

Child Birth Injuries refers to injuries caused to either, or both, mother and their child during pregnancy and child birth.

The NHS Litigation Authority (NHSLA) are the body within the NHS who manage negligence and other claims against the NHS. In October 2012 they published a report that analysed 10 years of Child Birth Injury claims against the NHS.

Whilst they only identified 5,087 maternity claims over the 10 years, just under 0.1% of the total number of births during this period, the total value of these claims was £3.1 billion.

There is still perceived to be a stigma with some mothers regarding the type of injuries they suffer during child birth, some are unable to talk to their own family let alone speak to a solicitor or bring a claim against the NHS, thus the true figure relating to injuries to mother and/or child is not revealed in the NHSLA’s report.

If you believe you, or your child, have a Birth Injury Claim resulting from the negligent actions of your health care provider which occurred with the last 3 years then please contact us now. Click here, fill in our enquiry form on this page or, telephone us on 01244 659404 or 0800 0857777.

Types of Child Birth Injuries

Referring again to the NHSLA report they set out a table detailing the top 10 categories of claims made against the NHS during the 10 year period they analysed. These were:

  • Management of Labour
  • Caesarean Section
  • Cerebral Palsy – Please click here for more information
  • Perineal trauma
  • Antenatal care
  • CTG Interpretation
  • Still Birth
  • Shoulder dystocia
  • Antenatal investigations
  • Retained swabs

In addition the report also identifies the top 10 categories of claim by value and this list includes most of the above, but also:

  • Uterine rupture
  • Operative vaginal deliveries (this relates to forcep and/or vacuum assisted delivery)

Child Birth Injuries – Making a Claim

The birth of your children is one of the most memorable times for new parents, and should certainly be a happy and joyous time too. Unfortunately things can go wrong and mistakes can happen and when they do the injuries to both the mother or child can be life changing, potentially leaving the mother with physical and psychological damage and the child possibly brain damaged.

It can therefore be a daunting decision to proceed with a claim. At The Roland Partnership we understand how overwhelming the thought of bringing the claim can be. We are Specialist Solicitors who are experienced in the complexities of Child Birth claims and litigation and we will advise and support you throughout the claim. We will be with you every step of the way.

Medical Negligence claims for Child Birth Injuries have a time limit in which you can bring them, this is known as the Limitation Period.

For injuries sustained by the mother the general rule is that Court proceedings for medical negligence must be commenced within 3 years from when you knew, or could reasonably have known that you have suffered injury as a result of the fault of another.

The rule differs slightly where the Claimant is a child, in this case the 3 year period does not begin to run until the child has reached their 18th birthday. Court proceedings must be commenced within 3 years of a Claimant’s 18th birthday i.e. before their 21st birthday.

If your child is over 21 but does not have mental capacity then there are very complex rules but, in general terms, if your child is unable to understand the nature of the legal proceedings, including the giving of instructions and understanding advice received, then it is likely that any claim will not be time barred due to expiration of the Limitation Period.

Following the enactment of the Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) in 2012, the rules determining the type of cases eligible for Legal Aid (Public Funding) were amended from the 1 April 2014.

Legal Aid is now only available to children who have suffered a neurological injury before, during or shortly after their birth. If this is the case with your child’s case then The Roland Partnership is one of the few firms in England and Wales authorised to apply for Legal Aid Funding for a Clinical Negligence case on your behalf.

In the absence of Legal Aid funding, or any other pre-existing cover you may have, we can offer a “No Win- No Fee” agreement. We will of course discuss this with you in detail at the time to make sure you are comfortable with the agreement, but suffice it to say that you do not need to worry if your claim is unsuccessful we will not charge you for our time nor will you be liable for your opponents costs.

We offer a free, no obligation discussion regarding your claim, as many and as lengthy as we need to establish your claim. We will discuss with you the merits of your claim and review any documentation you may have without any cost to yourself.

Please complete our enquiry form, Click here or, contact us on 01244 659404 or 0800 0857777.

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Testimonials

Mr L received £2,100,000 after suffering cerebal palsy as a result of medical negligence. The first liability expert had advised there was no breach of duty of care, so the case was passed on to The Roland Partnership's eminent causation expert. The defendants vigorously denied liability and The Roland Partnership's expert said it was one of the most difficult cases he had dealt with. The claim was settled shortly before trial.

An eight year old boy received £1,500,000 through The Roland Partnership after receiving serious injuries whilst waiting at a bus stop. Two cars crashed into the bus stop, causing it to collapse onto him, leaving him with personality changes and weakness on one side.

Mrs M was knocked down by a car when crossing a road. She was partly responsible for the accident, having run out into the road without first checking it was safe to do so. Nevertheless, she received over £1,100,000 after representation by The Roland Partnership.