Types of birth brain injury claims
We have considerable experience acting for children who have suffered devastating complications that have resulted in brain injury, either during or shortly after childbirth.
For example:
- Hypoxic brain injuries
- Impacted head injuries
- Delays in performing a caesarean section
- Delayed or missed diagnosis of a bacterial infection in the mother
- Delayed or missed diagnosis of neonatal infections such as Group B strep, sepsis, meningitis, and pneumonia
- Pre-eclampsia
- Traumatic birth injuries to the head – such as excessive force or inappropriate use of Ventouse or forceps during assisted delivery
Birth brain injury claims can be very complex, so it’s essential to instruct a medical negligence solicitor, like Clarke Willmott, experienced in these types of cases. If the claim is successful, our priority will be to secure your child compensation to access the therapy, treatment, rehabilitation and home adaptations they need to live as comfortably and independently as possible.
Read a case study of Clarke Willmott’s successful work recovering damages for a client who suffered major obstetric haemorrhage and placental abruption during childbirth.
Cerebral palsy compensation claims
The most common birth brain injury is cerebral palsy, which can be caused by a number of complications during pregnancy, childbirth or shortly after. When that complication can be directly attributed to negligent medical care, your child may be entitled to claim compensation.
A child born with cerebral palsy will have lifelong care needs and the impact of their needs on the parents will be life changing.
Our medical negligence solicitors have the expertise and experience of cerebral palsy claims that is crucial to your chances of success. These claims are complicated, they take a long time to investigate and value, require expert evidence and are also far more likely to be strongly defended, especially when the compensation amount is high.
Read how our specialist cerebral palsy claims solicitors have recovered significant compensation for our clients:
Legal Aid for birth brain injury claims
Clarke Willmott is one of the few firms able to obtain Legal Aid funding for birth injury claims, which reflects the depth of our expertise.
There are strict rules which govern Legal Aid and not all claims will be eligible. Your solicitor will advise you on whether your birth injury claim meets the criteria for Legal Aid.
Erb’s palsy claims
Erb’s Palsy (also known as brachial plexus palsy) refers to weakness or paralysis of arm or shoulder muscles after a complicated birth. It can be caused by negligence on the part of a healthcare professional involved in the birth.
For example:
- Unnecessary delays in performing a caesarean section
- Excessive force during assisted delivery
- Not taking appropriate steps to protect mother and baby when the baby was known to be large
- Poor management of shoulder dystocia
- Delayed diagnosis of Erb’s Palsy following the birth
Other traumatic birth injury claims
Our specialist birth injury solicitors have also represented women and children who have sustained other injuries during a traumatic birth as a direct result of negligent care, including post-partum haemorrhage leading to hysterectomy and anal sphincter injuries.
Stillbirth and neonatal death
While medical negligence may not be the cause of a stillbirth or neonatal death, sadly there are times when failings in the care given during pregnancy, labour or birth have tragic consequences. The important thing to remember is you’re not alone. Our specialist solicitors can help you claim compensation so you can start rebuilding your life.
Injuries to mother during pregnancy or childbirth
Our specialist solicitors also provide expert and empathetic legal advice to mothers who have been harmed or injured unnecessarily during pregnancy or labour. We understand that pursuing a maternity negligence claim may be the last thing you want to do, but we can support you through the process. Making a claim can be a constructive way to get the answers and help you need, as well as helping prevent the same thing from happening again.
Supporting the MASIC Foundation
Clarke Willmott are proud supporters of The MASIC Foundation, a charity dedicated to supporting women who have suffered injuries during childbirth. Our medical negligence team has partnered with the charity for the past 4 years and is part of their network of legal partners, endorsed by the Trustees of MASIC.
We understand that birth injuries can have life-altering consequences for both mothers and babies. In 2021, we sponsored MASIC’s webinar that focused on understanding the emotional consequences of birth trauma with the aim of supporting those affected.
To view the recorded event, please click on the thumbnail picture:
