Birth Injury Medical Negligence Compensation Claims
A birth injury in relation to medical negligence is one that occurs during pregnancy, labour, or the neonatal period. The birth injury may be suffered by either the mother or the baby. Some injuries may not be noticed immediately after the birth of the child.
How McElhinney Associate Solicitors can help:
Our experienced team of birth injury medical negligence solicitors at McElhinney & Associates Solicitors have dealt with compensation claims in respect of obstetrics and gynecology medical negligence cases.
The most common types of birth injury medical negligence claim that we have dealt with are:
- Third And Fourth Degree Vaginal Tears
- Episiotomy
- Retained Medical Swabs
- Cerebral Palsy
- Hip Dysplasia
Our clients have been compensated for issues including post-surgical infections, developments of strictures as a result of catheterization and urological surgical mistakes.
A typical obstetrics and gynaecology medical negligence claim will involve the following steps:
- We will investigate every minute detail of your case and from there we will build your case by obtaining all of your medical records, taking full witness account from you and we will consult the best experts in their field to give an opinion on whether negligence arose in your care or treatment.
- We will contact the relevant hospital or doctor advising them that we believe there was negligence in your medical care and treatment and asking them to admit liability.
- We will serve proceedings on the relevant medical institution/facility or doctor and ensure that they reply to your claim in a timely manner with full details of any defence that they wish to make.
- We will represent your birth injury medical negligence claim in the courts robustly to secure the appropriate level of compensation for your injuries.
Our experienced birth injury medical negligence team will assist you in reviewing your medical records to identify if an error occurred. We will instruct experts who are the best in their field to provide an opinion on whether the treatment you received was negligent or not and we will progress your claim through the courts with skill, experience and knowledge and robustly represent your birth injury medical case so we can secure the best compensation for you or your loved one.
Our experience in obstetrics and gynaecology birth injury medical negligence claims:
Our experienced birth injury medical negligence team at McElhinney & Associates Solicitors have worked on various types of obstetrics and gynaecology birth injury claims over the years ranging from the simple to the most complex. We have developed substantial expertise in the area of birth injruy and so we know how to prepare and progress your claim to achieve the optimum level of compensation.
What level of compensation will I receive for an obstetrics and gynaecology birth injury medical negligence claim?
The level of compensation payable to you is directly related to the level of injury and trauma that you suffered together with the impact that the negligent treatment has had on your quality of life. Compensation is usually broken down into two parts:
- General damages. This is compensation is for the pain and suffering that you have endured to date together with the likely pain and suffering that you will endure into the future.
- Special damages. These are items of expenditure and financial loss that you have incurred up to the date of the court award and possible likely future financial losses, for example, the cost of any private treatment, medication, aids and appliances, loss of earnings to date, loss of earnings into the future, the cost of any ongoing care and treatment required.
How long do you have to make a claim in relation to a birth injury medical case:
Any person who wishes to pursue a claim for birth injury medical negligence through the courts must do so within 2 years of the birth injury occurring or 2 years that they had knowledge that a medical mistake was made.
If your loved one has passed away during the course of giving birth then the matter proceeds as a fatal injury claim.
Once proceedings are issued the birth injury medical negligence case can take approximately, 2-3 years to come before the courts for hearing, depending on the complexity of the medical case, the number of experts that are required together with the defense delivered by the healthcare provider to your birth injury claim.
Early legal assistance can be vital as the time limits for bringing an action are very strict, therefore, if you believe that you have suffered as a result of substandard medical care then you may be able to make a claim for compensation against the hospital in question and we are happy to have an initial consultation with you where we will give you an initial assessment and advise you of your options.
With a wealth of experience in the area of medical negligence, we at McElhinney & Associates Solicitors are well equipped in dealing with birth injury cases in relation to both the mother and the child.
How To Make A birth injury Claim
A birth injuries claim is pursued through the courts. It must be proven that the medical treatment offered during the pregnancy, labour, or neonatal period fell below an acceptable standard. When such evidence is available, court proceedings are then issued and served on Defendant.
A birth injury claim in relation to the child seeks compensation for the child’s injuries and the care they will require in the future as a result of their birth injury. The child’s parents may bring a claim for any psychological injury suffered as a result of witnessing their child’s birth injury.
How Long The Process Takes
There is a lot more time allowed for an investigation into the child’s birth injury claim. For any brain injury of the child, there is generally no time limit on when a claim can be taken. In relation to physical injuries suffered by the child, the Statute of Limitations doesn’t begin until they reach 18 years of age and it then expires after two years.
The Statute of Limitations for the mother is two years from the date of the medical negligent error or the date of knowledge of the medical error.
It can then take on average up to two years to bring the case to trial. Some cases in this area go all the way to the hearing, while others settle by way of mediation.
