You may be able to claim compensation for asphyxia at birth if there has been a breach in the duty of care owed to a mother and child, and your child has suffered an injury due to being deprived of oxygen in the womb. This article explains a little about making claims for brain damage due to birth asphyxia, how compensation for asphyxia at birth is calculated, and the next steps you should take to seek professional legal advice.
However, you will only be able to make claims for brain damage due to birth asphyxia if it can be proven that the reason for your child´s brain injury was the negligence of a medical professional who, “at the time and in the circumstances” demonstrated a poor professional performance. In order to do this, your solicitor would engage the services of an independent medical expert to review your medical records and those of your child to ascertain if your child´s brain injury was avoidable.
Making Claims for Brain Damage due to Birth Asphyxia
If negligence is proven, your solicitor will send a “Letter of Claim” to the NHS Trust or Health Authority responsible for care at the hospital at which your child was born. The Letter of Claim will advise the Authority that you are claiming compensation for asphyxia at birth on behalf of your child, and support the letter with the evidence of negligence compiled by the independent medical expert.
The Authority has ninety days to conduct investigations into claims for brain damage due to birth asphyxia, after which it will either concede liability or contest the claim. When claims for brain damage due to birth asphyxia are contested, the normal course of action is to issue court proceedings. This does not necessarily mean there will be a full court hearing, as settlements are often negotiated once a court date is scheduled.
How Much Compensation for Asphyxia at Birth?
How much compensation for asphyxia at birth your claim will be settled for depends on 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 devastating cases of brain damage, in which a child will need full-time care and support for the rest of their lives, settlements of claims for brain damage due to birth asphyxia can run into many millions of pounds.
In these cases, your child will usually be awarded a lump sum of compensation for asphyxia at birth and then periodic payments for the remainder of their life to ensure that there will always be a source of income to pay for the services he or she needs. These payments will also include amounts for your child´s pain and suffering, the deterioration in their quality of life and their future loss of income. Your solicitor will explain each of these elements to you.
Further Information about Claiming Compensation for Asphyxia at Birth
No two claims for brain damage due to birth asphyxia are identical, and for this reason you need independent legal advice from an experienced medical negligence solicitor when claiming compensation for asphyxia at birth. Consequently we invite you to call our Medical Negligence Advice Bureau, where you will be able to speak directly to 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 when you use our service, and all calls to our Medical Negligence Advice Bureau are completely confidential. You have enough to contend with if your child has suffered brain damage due to asphyxia at birth. Let us worry about establishing negligence so that we can advise you whether there is a claim for compensation for asphyxia at birth which may be worth your while to pursue.