Birth Injury Claims
Contacting Birth Injury Solicitors
Having a child is a truly wonderful occasion and there is no greater feeling than becoming a new mother or father. Conversely, there is no worse feeling when something goes wrong during labour. Due to the sensitivity of both mother and baby during the birth, accidents can be made and complications can occur. If the mother or baby is injured during birth, the parents may be eligible to make a birth injury claim.
If you suspect that the mother or baby’s birth injuries were a direct result of a healthcare professional’s negligence, and could have been avoided had they been more careful, you should speak to our birth injury solicitors as soon as possible.
Birth Injury to Mothers
- Perineal tears – third and fourth degree
- Wrongly performed Episiotomies
- Mistakes in suturing tears or Episiotomies
- Injuries to organs from Caesarean sections or failing to recognise damage at the time
- Retained swabs
- Anaesthetic errors
- Errors in managing Pre-eclampsia.
Birth Injury to Babies
- Cerebral Palsy
- Brain injuries
- Fractures to the skull, legs, arm, shoulder and collarbone
- Cuts and scars
- Hip dysplasia.
Proving negligence was the cause of the birth injuries
Injuries during birth can happen due to a number of reasons and oftentimes, it is very difficult to pinpoint who exactly is at fault. When we are upset, it is common to want to point the finger at someone else. However, sometimes, complications during pregnancy or labour will cause injuries. Doctors and hospital staff cannot be held responsible for this. Other times, it might be the parents fault for delaying or not knowing what to do.
In order for a birth injury claim to be successful, you need to prove that the medical practitioner was at fault. To do this, you have to show that the medical practitioner’s actions directly resulted in the birth injury and that, given the circumstances, other medical professionals in similar positions would not have acted in the same way. Testimony from medical experts is often required to demonstrate this. The British Medical Association has produced a set of guidelines in relation to how expert witnesses should operate.
Time limit for making a claim
In Northern Ireland, you have 3 years from the date of injury to bring a claim. Sometimes that time limit can be extended. For example, if you are not aware that an injury has occurred until some time afterwards, you have 3 years from the date of knowledge of the negligence to make a claim.
In the case of children, the 3 years starts to run on their 18th birthday.
Solicitors at Stewarts Solicitors are members of the Action Against Medical Accidents (AvMA) and the Association of Personal Injury Lawyers (APIL).