YOU MAY HAVE A CLAIM FOR COMPENSATION
Birth Injury Claims
If you or your baby have suffered from an injury during or post-childbirth, you may be able to make a compensation claim. Our panel of legal firms will review your case and give you more information about how much you might be able to receive.
What is a birth injury claim?
Birth injury claims can be made if you have given birth and suffered any injury at any point in this process – whether it is before, during, or after the birth, or if the baby has. If the injury is the result of medical negligence then you could have the right to make a claim.
This is when your healthcare provider does not meet the set-out standards to keep you and the baby safe, resulting in injury. Compensation can be recovered to pay you back for any difficulties and expenses that this has caused, such as medicine and treatment. You can often find no win, no fee arrangements which mean you only pay if your claim goes through and you receive the money you were claiming for. If you do not win, you do not have to pay anything at all, so there is nothing to lose.
In this section
› What is a birth injury claim?
› How to qualify for a birth injury claim
› How to make a successful birth injury claim
› The evidence you need to make a case
› How much are birth injury payouts?
How to qualify for a birth injury claim
To make a claim for birth injuries, you can either look for compensation for an injury caused to yourself or your baby as a result of medical negligence. For babies, the injuries included under this umbrella can range from bruising to broken bones.
Any injuries are serious and any birth injury to a newborn, or neonatal birth trauma, that could have been avoided means you are eligible to make a claim.
Compensation can be claimed for events as far back as during the pregnancy as well as the post-birth period. Any issue of medical negligence which leads to avoidable injury or illness for you or your baby qualifies you to make a claim.
Did you know?
You generally have three years after the incident to make a claim, however, if claiming for a child, you have until their 18th birthday.
How to make a successful birth injury claim
On the legal side, the claims that are most likely to be successful are the ones in which you can show two things – negligence and causation. Negligence is when a professional medical practitioner fails to meet the level of care that is reasonable to expect. Causation is the injury or illness caused as a result of a lack of care or even a negligent act. You must be able to demonstrate both of these things in order to have any chance at making a successful claim.
Did you know?
In 2020, more than 15,500 claims were made in regard to birth injury issues.
The evidence you need to make a case
There are a few essential things you need to make a successful claim. You will need to have proof of:
Duty of care
To be eligible for compensation, there must have been a duty to look after you to begin with. In this case, any doctors or nurses will have a duty of care to ensure you are looked after and no harm is caused to you.
Breach of duty
Once you have proved that there was a duty of care towards you, you also need to be sure that this duty was breached.
The breach of duty needs to have led to an injury or illness, and it has to be a direct result of the breach of care.
A legal team can work for you to put together a case that proves the outcome was directly linked to the breach of care. In many situations, this can be settled without going to court which will save you a lot of time. It is the job of a legal team to do this, so you don’t have to worry.
There are generally positive results for birth injury claims. As recently as 2020, only 0.6% went to trial, while 71.5% were settled without ever having to go through court.
How much are birth injury payouts?
There is a wide range of how much you could earn from your compensation claim for a birth injury. This could be anywhere from thousands, up to as high as £12 million. Higher amounts can be gained in extremely serious cases, such as brain damage and long-term illnesses that result in severe impairment to quality of life.
Research shows that about 4-5% of women who give birth develop post-traumatic stress disorder (PTSD), with symptoms such as flashbacks, nightmares and extreme anxiety that makes daily life immensely challenging. That’s about 30,000 women a year in the UK.
How long will a claim take?
Claims can take anywhere from a few months to a few years. This can depend on how complicated the situation is and how long it takes to find all the evidence necessary. This process is a lot quicker when you work with legal professionals who can find all of this proof on your behalf.
What is the claim process?
There are a few steps in the claims process. These are:
This is the first stage and involves the solicitor or professional you are working with getting an idea of what your case involves and whether you have a chance at receiving a claim. They will ask for details and any evidence in order to compile a better understanding of your case.
The solicitor you are working with will look at the evidence and examine how the injury has affected you and your life. This helps them to build a case for you and also gives you a better idea of what you can hope to achieve from the process.
The third party will be contacted to make them aware of the claim against them. This is when they will receive all the details of your claim and what you are accusing them of.
The parties will try to reach an agreement. The professionals you are working with will try to negotiate an agreeable deal for you, however, if this cannot be achieved, then the issue may be taken to court to be heard by a judge. If the third party accepts responsibility straight away then the solicitor will be able to negotiate an agreement for you without having to go to court at all.
A final decision is reached and you either have your claim overturned at no cost to yourself, or you receive your compensation. This could happen in court or before reaching that stage. Either way, once a settlement is reached, your legal fees will be taken from your compensation. This is ordinarily around 25% of the compensation amounts. If you do not win, then you have no payments to make since the ATE, After The Event, insurance taken out by the professional will cover any costs of taking the trial to court.
How much could I get?This depends greatly on a range of factors including the severity of the injury. More severe illnesses or injuries could see you entitled to a much larger sum, but only if you can prove that this was caused by medical malpractice. Find out more in the ‘How much can I get’ section above.
How long does it take?A birth injury claim could take anywhere from a few months to years to go through. This depends on a lot of factors including how much compensation you are asking for as well as how long it takes for evidence to be gathered in order to ensure that you receive a positive outcome. However, with legal help, it is likely to go much more smoothly and provide you with compensation as a result. This also saves you time since the professionals you go to will find all the evidence and information for you. Refer to the ‘How long will a claim take’ section to find out more.
Is there a time limit?Generally, there is a time limit of three years since this is the Statute of Limitations. This means you need to make a claim within three years of the incident for it to be valid. However, if you are making the claim on behalf of a child, you can make a claim up until their 18th birthday. So, if the birth injury was caused to the child, then you have a much longer time span in which to raise your claim.
Can I estimate my own compensation amount?Yes, you can use our claims calculator to get a more accurate idea of how much you could get as a result of your birth injury issue. Simply fill in all of your information and you will be given a much more personalised idea of how much you may be able to receive if you go through the claims process. Of course, there are plenty of providers offering no win no fee support, which means you don’t risk losing any money when you decide to submit a claim. There is nothing to lose!
Don’t Delay. Check Now.
Don’t miss out on £100’s or even £1,000’s in compensation you could be entitled to. Starting a claim only takes 5 minutes, so why not do it now?