If you have undergone a Caesarean Section procedure, and sustained an injury due to the negligence of a medical professional, it may be possible to claim compensation for C-Section injuries. As with all medical negligence claims, your claim for a negligent Caesarean Section procedure must demonstrate that the injuries you sustained where avoidable “at the time and in the circumstances” and attributable to a poor professional performance by the medical professional concerned.
Using the same criteria, it may also be possible to claim for a negligent Caesarean Section procedure if your baby has been injured due to medical negligence. There is a high risk of injury for babies delivered by C-Section – not just due to cuts and scrapes, but also due to injuries associated with the supply of oxygen through the umbilical cord and breathing once they are born. If your baby is not carefully monitored after he or she is delivered, breathing problems may lead to respiratory distress syndrome and long-term health problems.
Establishing Negligence in a Claim for a Negligent Caesarean Section Procedure
If your child has suffered any of the above-mentioned injuries – or you have suffered an injury due to a surgical error or the development of an infection – it is necessary to establish negligence in order to claim compensation for C-Section injuries. In order to establish negligence in a claim for a negligent Caesarean Section procedure, you solicitor will request access to your medical records to see whether “on the balance of probabilities” your injuries could have been prevented with greater care.
Once negligence is established, your solicitor will write a “Letter of Claim” to the NHS Trust responsible for the standard of care in the hospital at which you underwent the procedure. The “Letter of Claim” will be supported by the evidence of negligence, and the NHS Trust has ninety days to conduct its own investigation and either admit liability or contest the claim for a negligent Caesarean Section procedure.
How Much Compensation for C-Section Injuries?
Your claim for a negligent Caesarean Section procedure will be settled according the nature and extent of your injuries (or your child´s injuries) and the impact that they have on your quality of life. Some C-Section injuries can have permanent consequences, which will mean that your solicitor will have to account for such factors as the cost of ongoing care and support and any loss of income.
If the claim for a negligent Caesarean Section procedure is being made on behalf of your son or daughter, you will have to apply to represent them as a “Litigation Friend” – a simple process which your solicitor will explain. When the claim is resolved, the settlement of compensation for C-Section injuries will also have to be approved by a judge to ensure they are in the best interests of your child.
Further Information about Compensation Claims for Gynaecologist Negligence
Despite the frequency of avoidable injuries during Caesarean Section procedures, no two claims for compensation for C-Section injuries are identical. Consequently we invite you to call our Medical Negligence Advice Bureau, where you will be able to speak with a medical negligence solicitor to discuss the circumstances of your injury and the consequences the injury has had on your life or the life of your child.
You are under no obligation to proceed with a claim for a negligent Caesarean Section procedure when you call our service, and all conversations held with members of our Medical Negligence Advice Bureau are completely confidential. You can call us at any time to get the answers to any legal questions you may have, and thereafter we recommend that you focus on recovering from your trauma while we investigate whether there is a claim for compensation for C-Section injuries which may be worth your while to pursue.