You may be eligible to claim for child brain damage at birth if your child has suffered a permanent injury due to medical negligence before, during or after their delivery. This article explains a little about making childbirth brain injury claims for compensation, but – due to the many different consequences of a child suffering a brain damage at birth – it is no substitute for discussing your specific situation with a medical negligence solicitor.
The important element within childbirth brain injury claims for compensation is that somebody must have been at fault for your child´s injury. Either by act or omission, there must have medical negligence in order to successfully make a claim for child brain damage at birth. This is often difficult to establish and will depend on what options were available “at the time and in the circumstances”.
Establishing Negligence in Childbirth Brain Injury Claims
Childbirth brain injuries can occur in many different ways. Your child could have sustained a blunt force trauma in the womb, been deprived of oxygen before or during their birth, or may have developed an illness such as meningitis that was misdiagnosed. In order to establish negligence in childbirth brain injury claims, your solicitor will request access to your medical records and those of your child.
The medical records will be reviewed by an independent medical expert, whose professional opinion will determine whether or not you have a claim for child brain damage at birth. If negligence is established, your solicitor will send a “Letter of Claim” to the NHS trust responsible for your care – advising the Trust that you are making a claim for child brain damage at birth, and supporting the allegation with the evidence of negligence compiled by the medical expert.
How a Claim for Child Brain Damage at Birth Progresses
If liability for your child´s injury is accepted, your solicitor will start negotiations with the NHS Litigation Authority to resolve your claim for child brain damage at birth for your maximum entitlement. If liability is contested, your solicitor will consider the strength of the NHS Trust´s evidence against the strength of your case and discuss your options with you.
Often this will result in court proceedings being issued. This does not necessarily mean that you will have to sit through a distressing full court hearing. Childbirth brain injury claims are often resolved “out-of-court”; however, you will have to make a court appearance when your claim for child brain damage at birth is settled, as the settlement of compensation claims made on behalf of a minor has to be approved by a judge to make sure they are in your child´s best interests.
How Childbirth Brain Injury Claims are Settled
Childbirth brain injury claims are settled according to the nature and extent of your child´s injury and the impact it will have on his or her life – and yours – as they grow older. In the most catastrophic cases of brain damage, in which a child will need full-time support and care for the rest of their lives, settlements of childbirth brain injury claims will be many millions of pounds.
In these cases, your child will usually be awarded a lump sum of compensation in settlement of your claim for child brain damage at birth, and then periodic payments for the remainder of their life to ensure the funds will always be available to pay for the services he or she needs. These payments will also include compensation for your child´s pain and suffering, the deterioration in their quality of life and their future loss of income. Your solicitor will explain how each of these factors is calculated.
Further Information about Making a Claim for Child Brain Damage at Birth
No two childbirth brain injury claims are identical, and for this reason you need independent legal advice from an experienced medical negligence solicitor when making a claim for child brain damage at birth. Consequently we invite you to call our Medical Negligence Advice Bureau, where you will be able to speak directly with a medical negligence solicitor to get answers to any legal questions you may have.
Please note that there is no obligation on you to proceed with a claim for child brain damage at birth when you contact our service, and all calls to our Medical Negligence Advice Bureau are absolutely confidential. You can call us at any time to have your legal questions answered, and then you can focus on caring for your injured child while we investigate whether there is a claim for child brain damage at birth which may be worth your while to pursue.