Our medical negligence team has
successfully concluded many birth injury claims,
including cerebral palsy claims.
Birth injury cases are often extremely complex due to legal and
medical technicalities, and the experience that the
parents, their child and the rest of the family go through
during the claims process can be emotional and stressful.
During birth there can be injury to either the mother, the baby
or both. Some of these birth injuries are unavoidable, but
each year there are a number of cases where injuries are caused
by
medical negligence. Some of the
types of birth injury that can occur include:
- Cerebral Palsy
- Erb's Palsy (Brachial Plexus Injury / Shoulder
Dystocia)
- Injuries to the mother
- Brain injuries
- Fractured/broken bones
One of the most common injuries caused through medical negligence is cerebral
palsy. Our medical negligence
team regularly deal with these types of claims and have the
expertise to ensure that you receive the highest award possible to
provide for rehabilitation, care, support, therapies and education.
We can act on a 'no win, no
fee' basis although birth injury claims are usually
eligible for legal aid.
Cerebral Palsy
Cerebral palsy effects approx. 1 in every
10,000 babies born in the UK. It is an umbrella term encompassing a
group of non-progressive, long lasting motor conditions that cause
physical disability in human development, chiefly in the various
areas of body movement.
There are many types and subtypes of cerebral palsy and none of
them have a known cure. Usually, medical intervention is limited to
the treatment and prevention of complications arising from Cerebral
palsy's effects.
Cerebral palsy is a condition that can be caused if
a baby being starved of oxygen during birth. This causes
damage to the brain and may result in the baby having physical or
intellectual disabilities. Research is still ongoing but it is
estimatedesetimated that as many as 20% of cerebral palsy cases are
as a result of mismanagement of the birth process and the failure
to act quickly if there are any signs of trouble.
Many babies who have been affected by birth injuries will
require help and assistance for many years - sometimes even for the
rest of their life. Often families don't have the resources to
provide the very best care they would want for their baby and a
successful cerebral palsy legal claim can provide the funding for
future treatment, rehabilitation and care.
For further information please contact our specialist
cerebral palsy solicitors on
freephone 0800 358 3848, email
personalinjury@ffw.com
or complete our short enquiry form.
Erb's Palsy
Shoulder dystocia (stuck shoulders) can be identified during
labour and steps should be taken to avoid injury during delivery.
Failure to correctly identify this could mean there has been
medical negligence. It occurs when the
head has been delivered but the shoulders are too large and are
impacted on the mother’s pelvis.
When the baby is delivered, if the baby is larger than
average, there can be an injury to the neck resulting in damage to
the nerves (brachial plexus nerves) which control the muscles in
the shoulder, arm or hand, and the nerves are paralyzed. This
injury may result from shoulder dystocia, causing the nerves to
stretch or tear, although this is not always the case.
Symptoms for the baby may be a permanent limp or paralysed arm,
lack of muscle control in the arm, hand, or wrist. There may also
be a lack of feeling or sensation in the arm or hand.
Injuries to the mother
The main
birth injuries that can affect the mother include vaginal
tears, fissures, incorrect suturing (sewing) following an
episiotomy or a Caesarean, failure to manage pre-eclampsia and
infections. Read more about birth injuries
to the mother here.
Other Types of Birth Injury Claims
Although Cerebral Palsy is the most common form
of Birth Injury Claims, there are many other types
of birth injury, including varying degrees of damage to the brain
and scarring or nerve damage caused by tools used during assisted
deliveries (e.g. forceps). Negligence during the birth of a
baby may even result in stillbirth. We have been successful in
birth injury claims involving:
- Umbilical cord problems
- Ruptured placentas
- Infant death
Contact us
For further information or if you believe you have a
birth injury legal claim, please contact our
medical negligence team on
freephone 0800 358 3848, email personalinjury@ffw.com or
complete our short enquiry form.
All enquiries are completely free of charge and we will
investigate all funding options for you including
legal aid and no win, no fee.