In order to claim compensation for a cranial injury at birth, it has to be demonstrated that your child suffered a significant avoidable injury due a medical professional’s lack of care. The key word here is “avoidable”, for although it may appear obvious that excessive force was used in the delivery of your child if he or she suffered a fractured skull, your eligibility to claim for a childbirth head injury will depend on the circumstances in which excessive force was used and if the medical professional is considered to have deviated from the accepted standard of care.
In order to ascertain if you can claim compensation for a cranial injury at birth on behalf of your child, a solicitor will ask for authorisation to access your child’s medical records and then have them reviewed by an independent expert. Provided it can be established that that the head injuries sustained by your child could have been avoided with greater care, it should be possible to claim for a childbirth head injury.
Representing a Child in a Claim for a Childbirth Head Injury
Before you make a claim for a childbirth head injury on behalf of your child, you have to apply to be their “Litigation Friend”. This is because children under the age of eighteen are not legally allowed to bring legal action and have to be represented by a parent, guardian or other suitable person. This is not a complicated procedure, but the court will make checks to ensure that your interests do not conflict with your child´s interests and that you can make decisions about the claim for a childbirth head injury in a fair and competent way.
Once the claim for compensation for a cranial injury at birth is resolved, you continue being a litigation friend until your child becomes a legal adult – unless they have suffered significant brain damage and may never be able to represent themselves. This means that you will responsible for managing the compensation settlement through the Court Funds Office even if your child is in residential care.
How Much Compensation for a Cranial Injury at Birth?
The settlement of compensation for a cranial injury at birth relies on many factors. The extent and permanence of the injury is usually the primary factor considered, but a claim for a childbirth head injury should consider the child´s lost opportunities, the deterioration in their quality of life and the ongoing costs of care and rehabilitation. Depending on the nature of the injury, compensation for a cranial injury at birth can add up to a significant amount.
Because of the wide range of head injuries that can be sustained during the delivery of a child – and the varying consequences of the injury – it is always in a parent´s best interests to seek professional legal advice as soon as practically possible. For this reason we have established a Medical Negligence Advice Bureau, which you are invited to call at any time to discuss the circumstances surround your child´s childbirth head injury.
We may not be able to confirm that you are entitled to compensation for a cranial injury at birth during an initial telephone conversation, but we will be able to answer any questions you may have about making a claim for a childbirth head injury on behalf of your child.
Please note that there is no charge for using our service and you will not be under any obligation to claim compensation for a cranial injury at birth once you have spoken with us. We offer discreet legal advice about birth injuries that will help you better understand how they happen and when it is possible to claim compensation for childbirth injuries due to medical negligence.