If your child has been born with a lump on his or her head that is caused by pools of blood forming below the skin, it may be possible to make a compensation claim for an infant haematoma. Infant haematomas can occur naturally, and often disappear within the first three months of a child´s life without any treatment being necessary.
However, if the haematoma remains, it may be possible that your child´s red blood cell count falls and they develop jaundice, which can lead to complications such as meningitis or brain damage. It may also be the case that the hospital decides to drain the accumulated blood, and your child develops an infection or an abscess – in which case you should be eligible to claim compensation for the mistreatment of an infant haematoma on behalf of your child.
Proof of negligence will be required to support a claim for an infant haematoma or compensation for the mistreatment of an infant haematoma. In order to establish that your child received an unacceptable standard of care, your solicitor will engage the services of a medical expert to investigate the circumstances surrounding your child´s birth. Once negligence is established, you will have the option of making a claim for an infant haematoma.
Making a Claim for an Infant Haematoma
The process for making a claim for an infant haematoma begins with your solicitor sending a “Letter of Claim” to the relevant NHS Trust. The Letter will explain that you are making a claim for an infant haematoma – or claiming compensation for the mistreatment of an infant haematoma – and be supported by the evidence of negligence compiled by the independent medical expert.
The NHS Trust has ninety days to either accept liability for your child´s injuries – in which case your solicitor will start settlement talks with the NHS Litigation Authority – or contest your claim. If your compensation claim for an infant haematoma is contested, your solicitor will discuss the option of issuing court proceedings. The issuing of court proceedings does not necessarily mean that a full hearing will be required to settle your claim. Often settlements are negotiated once a court date is scheduled.
You will have to attend a short court hearing when a settlement of your claim is agreed. This is because settlements of compensation for claims made on behalf of minors have to be approved by a judge to ensure they are in the best interests of your child. This is a straightforward procedure, and during the approval hearing you will likely receive an apology from the NHS Trust for the mistakes which led to your child´s injuries.
How Much Compensation for the Mistreatment of an Infant Haematoma
How much compensation for the mistreatment of an infant haematoma your child´s claim will be settled for depends on the extent and permanence of any injury that results from the mistreatment. If your child suffers a permanent injury – even a permanent visible scar – compensation settlements will be significantly higher than a temporary condition which is resolved by adequate treatment.
Your solicitor will also take into account any loss in your child´s quality of life, any psychological issues they may have due to a permanent injury, and any possible loss of future income you child may experience. You will be able to recover any costs you have already incurred – or may incur in the future due to the hospital´s negligence – and possibly compensation for the emotional trauma you have suffered.
Settlements of compensation for the mistreatment of an infant haematoma are maintained in a court-approved interest-yielding account. They remain under the court´s control until your child reaches the age of eighteen, and if you need to access some of the settlement in order to pay for healthcare or educational needs, you can do so on application to the court.
Further Advice about Making a Claim for Infant Haematoma
There are many different scenarios in which a child can suffer an injury due to an infant haematoma, and many different consequences from the failure to treat a haematoma correctly. For specific advice which is relevant to your child´s circumstances, you are invited to contact our Medical Negligence Advice Bureau and discuss your child´s injury with an experienced medical negligence solicitor.
Our solicitor will be able to answer any questions you may have about making a claim for an infant haematoma or claiming compensation for the mistreatment of an infant haematoma and guide you through the processes of establishing negligence and contacting the relevant NHS Trust to instigate an investigation into the standard of care provided for your child.
There is no obligation on you to proceed with a claim for an infant haematoma when you use our service, and your call to our Medical Negligence Advice Bureau is completely confidential. You are welcome to take advantage of our service and then concentrate on caring for your child while we investigate whether there is a claim for an infant haematoma which may be worth your while to pursue.