Traumatic birth injuries have a devastating impact. If your family is suffering due to medical negligence before, during or after the birth of your child, claim birth injury compensation with the help of our expert solicitors.
Birth Injuries in Northern Ireland
A birth injury is any injury caused to a child or mother before, during or just after they are born. These injuries are tragically frequent in Northern Ireland, where almost 60% of all clinical negligence compensation paid out in Northern Ireland relates to obstetrics claims.
Birth injuries can have serious and often long-term consequences for the child, mother and wider family. If you find yourself in this situation, you can claim compensation to help you face these challenges.
Types of Birth Injuries & Causes of Traumatic Births
Both mother and child can suffer birth injuries. Depending on the nature and seriousness of the injuries, they could have a short-term or long-term impact. Many birth injuries are caused by medical negligence before or after the birth, while birth trauma may be caused during the birthing process.
Here are the most common birth injuries to mothers and children, that can lead to a claim:
Cerebral Palsy
Birth injuries to a baby’s brain before, during or after birth can result in cerebral palsy. These injuries may be caused by oxygen deprivation, infections or birth trauma, such as umbilical cord tangling, prolonged labour or excessive force in the use of forceps. In some cases, the injuries are caused by medical negligence.
Erb’s Palsy and brachial plexus injuries
Brachial plexus injuries happen when nerve fibres in a baby’s spine, neck or arms are stretched excessively during their birth. This can cause loss of movement, loss of feeling or weakness. The excessive stretching could be the result of medical negligence before or during the delivery.
Spinal injuries
Excessive stretching during the delivery may also damage the spinal cord, which could lead to paralysis. Causing the baby to overstretch may be an indication of medical negligence.
Bone fractures
Fractures of the arm, legs and collarbone are relatively common during births. In some cases, these injuries are caused by excessive force being used during the delivery.
Stillbirth
In the most serious cases, negligent medical care before or during the birth might result in the loss of a baby. While a claim can never lessen the impact of such a tragic loss, it may help to expose failings by healthcare professionals and help to achieve justice on behalf of the baby.
Bleeds and haemorrhages
Bleeding — particularly in and around the brain — can cause serious birth injuries. If a bleed or haemorrhage was caused by negligent medical care during the birth, this can lead to a birth injury claim.
Tears
Tears are among the most common birth injuries caused to mothers. Birth injury claims are often made when an episiotomy should have been performed but wasn’t.
Pre-eclampsia
Pre-eclampsia is a common and easy to diagnose condition caused by an increase in blood pressure during pregnancy. If left untreated, it can damage the mother’s internal organs and harm the unborn baby. Failure to diagnose or treat pre-eclampsia could be grounds for a birth injury claim.
Maternal death
Serious medical failings can cause the devastating loss of a mother during childbirth. This could be the result of pre-eclampsia, infections, haemorrhages, surgical negligence or anaesthetic mistakes.
While some birth injuries are an unavoidable part of pregnancy, labour and childbirth, others are directly caused by failings on the part of healthcare providers. If those failings amount to negligence, you’re entitled to claim compensation and seek justice.
Who Can Make a Birth Injury Claim in Northern Ireland?
Anyone who has suffered a birth injury as a result of medical negligence or error is eligible to make a birth injury claim in Northern Ireland. There must be evidence that the injuries were caused by negligent care by healthcare professionals and the claim must be made within the relevant time limits:
- A child who suffered a birth injury can claim at any stage before their 21st birthday.
- Parents can claim on behalf of their child aged under 18.
- A mother who sustained a birth injury must claim within three years of the birth injury or within three years of becoming aware of the medical negligence.
- There are no time limits when someone who has sustained a birth injury lacks the mental capacity to make a claim.
If you’re still unsure whether you can make a birth injury claim, please get in touch with our personal injury solicitors who will give you a free, no-obligation legal consultation.
Claiming Birth Injury Compensation in Northern Ireland
Birth injury compensation in Northern Ireland is awarded based on the seriousness of the injury, the level of pain and suffering caused, and the impact on quality of life. Compensation amounts are calculated based on guidelines given in the Green Book. Typical compensation amounts for common birth injury claims are:
- Head injuries: £4,500 – £47,000
- Brain damage: £50,000 – £850,000
- Damage to internal organs: £30,000 – £125,000
- Back injuries: £5,000 – £375,000
- Neck injuries: £5,000 – £475,000
- Paralysis: £475,000 – £870,000
These figures are guidelines and only relate to general damages. The amount you’re entitled to claim will depend on your circumstances and may also include special damages for the financial impact of the injuries. This could include medical and physio costs, loss of earnings and adaptations to your home or transport.
Contact us for a more accurate estimate of the compensation amount you could receive.
How Our Solicitors Help You Make a Birth Injury Claim
Our experienced solicitors have been successfully pursuing personal injury claims, including birth injury claims, in Northern Ireland since 1989. We combine extensive legal expertise with a compassionate approach. We understand that a birth injury can be incredibly traumatic and difficult to discuss.
With that in mind, we offer a simple process for making a birth injury claim:
- Contact us for a free consultation in which we will listen carefully to your situation before offering no-obligation initial legal advice.
- We’ll support you in gathering medical reports and any other evidence that demonstrates that the birth injuries involved were caused by medical negligence.
- Our birth injuries solicitors will assess how much compensation you’re entitled to based on the seriousness of the injuries and the impact on your life.
- We will negotiate with your healthcare provider’s insurer to secure the maximum compensation payout to which you’re entitled.
- We will continue to represent your interests and ensure your compensation reaches you as quickly as possible.
Garret McCann – Specialist Birth Injury Claims Solicitor
- Garret qualified as a Solicitor in 2010 after graduating from Queens University Belfast in Law.
- Garret also has gained significant experience in the area of Personal Injury Law and has secured millions in damages for clients.
- For expert legal advice call Garret on 028 9446 1509
FAQs
What evidence do I need to make a birth injury claim?
To make a successful birth injury claim you will need evidence showing that medical negligence caused the injury. This could include your GP records, hospital records, prenatal scan results, operations notes, witness accounts, and a medical assessment and prognosis. It will also be useful to keep documents proving the financial impact of the injury, such as receipts for treatment costs and wage slips showing a loss of earnings.
How long does a birth injury claim take to settle?
Birth injury claims can be among the most complicated personal injury claims to settle. How long a claim takes to settle depends on the complexity of the birth injury and the response of the healthcare provider. Some claims can take many years to settle, particularly if the healthcare provider doesn’t accept liability for the injuries. In these cases, we will seek an interim compensation payout to ensure you don’t suffer unnecessary hardship before the claim is settled.
What is the average compensation settlement for a birth injury claim?
According to NHS Resolution, which acts as the NHS’s insurer, the average compensation settlement for a birth injury claim is £50,000. Given the range of types and seriousness of birth injuries, payout amounts vary dramatically. Contact us for an estimate of how much compensation you or your child could receive.
How is birth injury compensation paid out?
Birth injury compensation is paid by NHS Resolution — the NHS’s insurer — or your healthcare provider’s insurer if the injury was sustained at a private hospital. The payout will be paid into your account once your claim is settled.
Contact Our Birth Injury Claims Solicitors Today
If you or your child has suffered a birth injury due to negligible healthcare in Northern Ireland, contact our solicitors for a free consultation to start your claim.
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