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Brain Injury

Birth Injury Claims

Mothers and fathers-to-be wish for nothing more than a trouble-free birth and a healthy baby. As they prepare for their baby to arrive into the world, the last thing they should have to think about is making birth injury claims due to errors made by trusted medical professionals.

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Whether the errors were made during pregnancy, labour, birth or shortly after birth, negligent treatment could have terrible consequences for the baby, and birth negligence claims could be crucial to help you cope with the challenges ahead.

Bolt Burdon Kemp’s team of specialist solicitors want to help you through this truly awful time and help you find answers to the many questions that parents ask after a child is seriously injured or if a child tragically dies.

If you think the medical treatment you received when pregnant or in labour was below standard, then you may have a case for a birth injury compensation claim. Contact us now – birth injury claims for children can be funded by Legal Aid. Our team will work on a ‘no win, no fee’ basis where Legal Aid is not available.

If, as a mother you have suffered an injury during a difficult birth, we can also assist you in making a claim.

Types of birth injury

The different types of infant brain injury include:

Brain damage

Brain damage in an infant can occur when:

  • Infection from the mother spreads to the unborn child in the womb
  • There is a lack of oxygen to the brain
  • The blood supply to part of the brain is cut off and the baby suffers a stroke
  • The inappropriate use of forceps causes a brain haemorrhage

Cerebral palsy is one type of brain injury – it is a lifelong neurological condition that affects muscle control and movement. One of the causes of cerebral palsy is a lack of oxygen to the brain.

Tragically, sometimes medical professionals make mistakes during pregnancy, labour and birth which can result in brain damage to your baby.

For example:

  • If you are suffering from an infection and you and your unborn child are not monitored and provided with appropriate treatment, then the infection could spread to the baby in the womb, making him/her even more vulnerable to injury
  • If there is any failure or delay in picking up on signs that your baby is in distress in labour, then there can be a delay in delivering the baby. During this delay, the baby may be deprived of oxygen, causing brain damage

Our specialist child brain injury solicitors at Bolt Burdon Kemp understand your worries. You may face high medical treatment and therapy costs, while facing the prospect of having to give up work to care for your baby. Birth injury compensation can help fund specialist treatment, therapy and care now and for the future of your child.

If you have a claim, please get in touch with us now – the costs of fighting your child’s birth injury claim can be met by Legal Aid. Our team will work on a ‘no win, no fee’ basis where Legal Aid is not available. And if you’d like more information on brain damage, or would like to get in touch with a specialist cerebral palsy charity, please visit our partner support organisations page.

Skull and head injury

Injuries can occur to a baby’s head and scalp when the forceps or ventouse – a vacuum suction attached to the baby’s head – are used to help deliver the baby. The use of forceps can also cause brain haemorrhages.

Nerve injury

Some infants delivered by forceps can also suffer damage to their facial nerves. This can cause the face to fall on one side or cause the muscles to be paralysed in the eye, forehead or mouth.
Tragically, when the spinal cord is damaged during birth infants usually pass away. Those who do survive are weak and often suffer with other medical conditions.

Another condition that can occur is Erbs palsy – this is where paralysis of the arm arises when the nerves in the upper group of the arm’s main nerves are injured.

Injuries and fractures

Other injuries and conditions which can happen to the baby during birth, include:

  • Fractures to arms, collarbone, skull – these can happen in the delivery process
  • Scalpel injuries – sometimes caused during Caesarean section
  • Cervical cord injury
  • Facial palsy
  • Internal bleeding – this may happen during a difficult birth
  • Jaundice – newborn babies often suffer with jaundice which causes yellowing to skin and the whites of the eyes, but it usually gets better without treatment. However, it can sometimes be an indicator of an underlying problem and if untreated, can lead to brain damage
  • Hypoglycaemia (low blood sugar) – this is sometimes found in premature babies, and infants who have contracted an infection, had breathing difficulties at birth or have had hypothermia. In some cases it can lead to brain damage

Birth injury, the next steps

At Bolt Burdon Kemp, we will fight tirelessly to get answers to your questions about the treatment you and your baby received.

Children are precious and as a parent, you will want to provide your child with the best treatment and care possible. We understand that you will need funds to pay for essential equipment, therapy, adaptations to your home and specialist professional care for your child.

At Bolt Burdon Kemp we focus on helping your child receive specialist rehabilitation at the earliest possible opportunity (rather than following the conclusion of the claim) when it has the greatest potential to improve your child’s outcome.

Please get in touch if think your child may have suffered a birth injury due to medical negligence.

Stillbirth and neonatal death

There is nothing worse for a parent than losing a child. We know that no amount of compensation will ever be enough make up for the loss of a child and to ease your grief at this time – but we hope that bringing a claim may stop further infant deaths or birth injuries that could have been prevented.

Specialist solicitors at Bolt Burdon Kemp are highly experienced in handling claims from parents who have had to go through the trauma of stillbirth or the tragic loss of a child shortly after birth.

Our solicitors will work closely with you to support you at this deeply sad and distressing time, providing practical and emotional support and exceptional legal advice. They will sensitively help you find out why your child passed away.

Successful Claims with Bolt Burdon Kemp

As a result of medical negligence our client suffered brain damage during birth due to oxygen starvation resulting in Cerebral Palsy. He suffered asymmetrical spastic quadriplegia, developmental delay, learning difficulties and associated mental and physical handicaps complicated by epilepsy. Liability was denied throughout the claim. Our medical negligence solicitors settled the case for £1,050,000.

More Success Stories

Meet our Brain Injury Team

Deepti Patel
Senior Solicitor – Part of the Brain Injury Team
Tamsin Day
Associate – Part of the Child Brain Injury Team
Hokman Wong
Senior Solicitor – Part of the Brain Injury Team
Meet the full team

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