MEDICAL NEGLIGENCE COMPENSATION – BIRTH INJURY

Legal aid is available with no parental contribution to pursue medical negligence compensation claims on behalf of those under the age of 18 years. Even if the parents have substantial income and assets it is only the minors income that is taken into account by the Legal Services Commission when considering allocation of public funding.

The term birth injury refers to damage caused to a child shortly before, during or immediately after delivery and falls into three main categories being brain damage, nerve damage and traumatic physical injury :-

• Cerebral Palsy
  This is an irreversible brain injury which may occur naturally or may be caused by medical negligence during a difficult birth where the child suffers from a shortage of oxygen to the brain which can damage areas controlling intellect and movement. No amount of money received in damages for medical negligence compensation claims can adequately compensate for this injury however it can make life considerably easier for the sufferer and carers.
• Erbs Palsy
  This disability arises when the brachial plexus network of nerves which run from the spinal cord through the neck, across the shoulder and chest to the tips of the fingers is stretched or partially ruptured. This injury usually occurs when excessive force is used during a traumatic delivery. New born infants who suffer from this condition may recover wholly or partially and for those that don’t there is the risk of permanent disability to the arm, hand and fingers to varying degrees.
• Shoulder Dystocia
  This occurs during delivery when the child’s shoulder becomes trapped behind the mothers pubic bone. This condition is a medical emergency and left untreated it can put the lives of both mother and child at risk. Injuries to the child can include a broken arm or clavicle and may also result in nerve damage to the brachial plexus potentially causing disability.
• Horners Syndrome
  This is a rare complication and usually shows as a ‘droopy’ or ‘lazy’ eye and is caused during a traumatic birth when excessive force is used for delivery causing nerve damage.

There are several other problems which may affect a child shortly after birth known as neo-natal conditions which can result in substantial medical negligence compensation claims :-

• Hypoglglycaemia
  Occurs as a result of low levels of glucose in the blood stream of a new born which may cause brain damage and subsequent impairment.
• Kernicterus
  This rare condition may lead to brain damage and cerebral palsy
• Hip Dysplacia
  A child may be born with this condition and early diagnosis can result in a complete cure however if left the condition can worsen leading to permanent disability. Doctors and nurses should be aware of this problem and check whenever they examine the child.

If you or your child has suffered personal injury and you fear that it may have been due to incompetence or negligence there is no time for delay. In order to know what options you have you should seek expert legal advice as soon as possible. Our solicitors operate a free service whereby you can meet us in person or chat over the telephone with one of our friendly experts and obtain initial advice. If you subsequently decide to proceed no further then that is your right and you will not be charged for our initial advice.