Birth Negligence: Am I Entitled to Make A Claim?

If you believe that you have been subject to birth negligence that has caused either you, as the mother, or your child, injury, then you are entitled to make a claim on the NHS or against a private surgery. This article will help to explain how to make a claim and what you can expect once you have made it.

Who Can Make a Claim?

You can claim for any birth injury that has occurred as a result of negligence on the part of a doctor or hospital practitioner that oversaw the birth or the events preceding it. It could be anything from a lack of hospital or after birth care, to an extensive set of injuries caused by medical negligence during the birth. You will be unable to make an NHS claim if the injury could not have been prevented by the actions of the doctor or practitioner.

What Conditions Can be Caused by Birth Negligence?

There are a variety of birth injuries that can be caused by NHS negligence towards you or your baby while you are giving birth. These include fractures such as broken bones and a lack of oxygen during birth but can also range to long term conditions such as cerebral palsy, impaired muscle coordination caused by damage to the brain during the birth process, and possibly Erb’s palsy, where the nerves in an infant’s upper arm are damaged during the birth. However, birth negligence can also be one of the reasons for stillbirth, and you may also be able to receive compensation for this.

How Do You Make an NHS Claim?

Firstly, if you have received care on the NHS, then you should file a complaint through the NHS complaint system, which can then be individually reviewed. Another option is to complain directly to the hospital or facility in which you received care, especially if you are looking for more urgent feedback. If the situation is not resolved through this, then you should seek a solicitor who will discuss your further options with you, including the possibility of going to court to receive further closure and/or compensation.

How Much Compensation Could You Receive?

If you are looking to sue NHS, the amount of compensation that you could receive by claiming for birth negligence is varied and dependant on the individual case in question. Dependent on the condition, you could receive between a couple of thousand pounds in NHS negligence payouts, and, in some extreme cases, a couple of million. This is based on how much money you have lost due to the injury, such as time off work, and how much further treatment and rehabilitation will cost for the injury’s duration, for example.

If you believe that your child’s birth injury was caused due to NHS or private medical negligence, you are fully entitled to make a claim against the service that you received. Using this guide, you will be prepared to make your claim in the hopes of receiving compensation, even if you intend to sue the NHS.