Successfully making compensation claims for a fractured bone at birth can often depend on the location of the fracture and the circumstances in which it was sustained. Many fractures during childbirth occur without there being human error or medical mistakes, and sometimes there may be justifiable reasons for significant force being used which results in a fractured or broken bone.
An example of such a scenario is when a medical professional has caused an injury while manipulating the baby´s shoulder past the mother´s pelvic bone – an action which, although regrettable, might have prevented a more significant injury from occurring from a condition known as shoulder dystocia.
However, if it had been detected prior to the delivery process that there was a likelihood of shoulder dystocia, the mother should have been given the option of a C-Section delivery. If this option was withheld, or the mother was not informed of the risks of a natural birth, then it should be possible to claim compensation for a broken bone during childbirth.
Making Compensation Claims for a Fractured Bone at Birth
The first stage of making compensation claims for a fractured bone at birth is to speak with a solicitor. The solicitor will request access to both your medical records (to see if potential complications during childbirth could have been detected in advance) and those of your child. Both sets of medical records will be reviewed by an independent medical expert to see if your child´s injuries could have been avoided with greater care.
If there is a claim for compensation for a broken bone during childbirth which is worth your while to pursue, your solicitor will send a “Letter of Claim” to the hospital – supporting it with the evidence of medical negligence compiled by the medical expert. The hospital (or in many cases the NHS Trust) has twenty-one days to acknowledge receipt of the Letter of Claim and a further ninety days to respond to the allegations of medical negligence.
If liability is accepted for your child´s injuries, your solicitor will enter into negotiations to settle the claim. If liability is contested, it may be necessary to issue court proceedings; although most compensation claims for a fractured bone at birth are resolved without a court hearing when there is sufficient evidence of medical negligence. Only when the claim is settled will you need to go to court, where a judge will ensure the settlement of compensation for a broken bone during childbirth is in your child´s best interests.
Get Legal Advice about Compensation for a Broken Bone during Childbirth
Due to potential issues with regard to liability, it is always in your best interests to get legal advice about compensation for a broken bone during childbirth at the first practical opportunity. With this in mind, we have established a Medical Negligence Advice Bureau which you are invited to call if you have any questions concerning compensation claims for a fractured bone at birth.
Our Medical Negligence Advice Bureau enables you to speak directly with a solicitor to discuss the circumstance of your child´s injuries; and although they will not be able to confirm your eligibility to make compensation claims for a fractured bone at birth, you will receive discrete legal advice in plain English that will help you better understand the options that are available to you.
Please note that our Medical Negligence Advice Bureau service is provided free of charge, and there is no obligation on you to proceed with a claim for compensation for a broken bone during childbirth once you have spoken with us.