Making a claim for a baby spinal cord injury at birth can be a complex procedure because of the consequences of a spinal cord injury at such a young age. Babies who survive childbirth spinal cord injuries are often severely disabled and require lifelong care and rehabilitation.
The most common scenarios in which childbirth spinal cord injuries occur are when babies are larger than average or born via a vaginal breech delivery. The misuse of forceps or vacuum delivery tools can result in excessive traction during the delivery process, causing damage to the spinal cord.
All of these scenarios could be avoided with a C-Section delivery when it has been identified in good time that complications may arise with a vaginal delivery; and it is the actions of medical professionals prior to the birth of your child as much as during the delivery procedure that will determine whether you have a viable claim for a baby spinal cord injury at birth.
Establishing Negligence in Childbirth Spinal Cord Injuries Claims
To successfully claim for a baby spinal cord injury at birth, it has to be shown that your child´s injury was avoidable and attributable to a poor professional performance by a medical professional. In order to establish medical negligence, you solicitor will ask for your authorisation to access your medical records (to see if potential complications could have been detected in advance) and those of your child.
The records relating to the standard of care during your pregnancy and your child´s birth will be reviewed by an independent medical expert. He or she will determine the strength of your claim for a baby spinal cord injury at birth and, if there is a claim for childbirth spinal cord injuries which it is worth your while to pursue, your solicitor will send a “Letter of Claim” to the hospital, asking them to respond to the allegations of medical negligence within ninety days.
If the hospital (or NHS Trust) accepts responsibility for the childbirth spinal cord injuries, your solicitor will enter into negotiations to settle the claim for a baby spinal cord injury at birth for the maximum amount your child is entitled to. If the claim is contested it may be necessary to issue court proceedings; although most claims for childbirth spinal cord injuries are resolved without a court hearing. Only when the claim is settled is it likely that you will need to go to court to have the settlement approved by a judge to ensure it is in your child´s best interests.
Further Information about Making a Claim for a Baby Spinal Cord Injury at Birth
No two claims for childbirth spinal cord injuries are identical due to the nature of the injuries that have been sustained and the consequences that the injuries will have on your child´s future. Consequently it is recommended that you speak with a medical negligence solicitor on our Medical Negligence Advice Bureau to receive independent advice that is specific to your child´s individual circumstances.
Naturally, the solicitor will not be able to advise you immediately whether there is sufficient evidence to pursue a claim for a baby spinal cord injury at birth, but will be able to answer any questions you may have about claiming compensation for childbirth spinal cord injuries.
Our Medical Negligence Advice Bureau service is provided free of charge and there is no obligation on you to proceed with a claim for a baby spinal cord injury at birth once you have spoken with us. You can call our Medical Negligence Advice Bureau at any time for discrete legal advice that will help you better understand the process of making a claim for a baby spinal cord injury at birth.