Birth Injury Compensation Claims
If you or your child has suffered an injury because of negligence during the birthing process, you may be eligible to receive compensation from an ongoing birth injury compensation claim in Scotland. The birth of your child should be one of the most joyous occasions in your life, but if mistakes are made, it can leave you wondering where to turn for help, who to blame, and how to move forward. The best thing to do right now is contact HD Claims as soon as possible at 0141 280 1112 or fill out the free claims assessment form online here.
Everyone always wishes for a peaceful, comfortable, and healthy first-time birth. Because a baby’s life might be forever altered by a birth injury caused by a doctor or midwife. Meanwhile, a child’s mental health depends upon a parent’s mental health after a birth injury. As a result, you may face financial consequences as well. Therefore, our birth injury solicitors should be your first point of contact if you’ve gone through one of these experiences. There will be no change to the fact that Hamilton Douglas Legal focuses solely on birth injury compensation claims going forward.
What is a birth injury?
Birth injuries are any childbirth-related injuries. Medical negligence during or shortly after birth might potentially cause birth injuries. For example, broken bones, a skull fracture, or arm or face paralysis are physical birth injuries. Conversely, any type of nerve damage that causes brain or spinal cord damage is a neurological birth injury.
Birth injuries can arise in a number of ways, depending on what went wrong during delivery. While some birth injuries are evident immediately after birth, others may not become apparent until later in life. This is why it’s important to have a claim evaluation performed by an experienced medical lawyer and team. Your case will be reviewed for free, so you don’t have anything to lose! Call 0141 280 1112 today.
What injuries can you claim in birth injury compensation claims?
Birth injuries can be mild, severe, or even permanently disabling. We pursue the following claims:
- Cerebral Palsy claims
- Stillbirth compensation claim
- Erb’s Palsy compensation claims
- Hip injury claims
- Birth trauma
- Brain injury
- Affected birth canal
What causes birth injuries?
Medical negligence is the main cause of birth injuries. Typically, the healthcare professional is to blame for errors such as:
- lack of screening or screening errors
- midwifery negligence, including forced labor, faulty forceps, and wrong suturing.
- Mismanaged pregnancy issues can cause high blood pressure, strokes, and organ failure etc.
- mishandling difficult deliveries.
- Negligent caesareans might harm organs and create other problems.
- For instance, retained products of conception such as placental or fetal tissue left in the uterus after a miscarriage, abortion, or delivery are common.
Get in touch with our injury claim lawyers if your child suffers an injury during, before, or following delivery due to medical errors. Families turn to us for assistance in pursuing birth injury compensation claims.
What evidence do I need to make birth injury compensation claims?
Our team of the best solicitors in Scotland can help you get your birth injury compensation amounts. Nevertheless, you only need to prove the following:
- that the hospital, trust, or medical professionals were negligent in their duty of care.
- the birth injury was the result of medical negligence.
What is the average payout for negligence UK?
Negligence is a legal term for an act which constitutes a crime or civil wrong that causes damage to another party. A criminal negligence charge can be filed for an act that results in a death; a civil negligence claim, on the other hand, is intended to address damage done to property and/or physical injuries. While there are no hard-and-fast rules about how much money you might receive as part of a negligence lawsuit, it’s possible to get some idea of how much your case might be worth by looking at similar cases.
According to data from UK Compensation Claims, birth injury compensation claims average around £16,000 (around $20,000 USD). This figure varies depending on whether there was any permanent damage suffered by your child as well as what kind of assistance they require going forward.
This impacts the amount of compensation awarded in situations of medical malpractice. Depending on the facts of each case, medical negligence compensation amounts might range from one thousand to several million pounds. According to the NHS Resolution, however, the average compensation for medical malpractice in the United Kingdom is £50,000.
How long after birth can you sue for malpractice?
There are different timeframes for different sorts of personal injury claims. Although the normal timeline is three years from the date of injury, Yet, you can still visit our website to learn more about the timeliness of your claim.
How long do birth injury claims take?
The duration depends on the degree of the damage. Depending on the circumstances, it may take five years or even more to resolve a birth injury claim. The other major reason of delay is the time required to collect all the requisite expert testimony to support the claim.
It is almost impossible to give a specific answer for how long it will take to settle a birth injury claim. The length of time your case will take depends on a number of factors, and it’s only after we have fully assessed your case that we can tell you exactly how long your case might last. All cases are different, and if you have been injured at birth it could be difficult to predict when you might receive payment for your claim.
How is injury compensation calculated?
Your compensation will be determined by adding: General damages – awarded for pain, suffering, and loss of amenity (PSLA); and Special damages – awarded for any financial losses or expenditures incurred.
Your compensation will be determined by adding: General damages – awarded for pain, suffering, and loss of amenity (PSLA); and Special damages – awarded for any financial losses or expenditures incurred.
You may receive an interim payment while your case is being concluded to help you with getting on with life and coping with your injuries.
Do NHS settle out of court?
The NHS will normally settle a claim out of court, rather than take it to trial. However, if you are entitled to make a claim for compensation, it is worth taking matters further. The NHS will negotiate with your lawyers, and often they will offer an amount that is much lower than what you might receive if your case went to court. However, sometimes they may not want to settle at all.
It is always worth getting an expert opinion on whether or not you should go ahead with a claim. If you do decide to pursue a claim, then your lawyer can advise you on how best to proceed. You should also bear in mind that there is no time limit on making a birth injury compensation claim; as long as it was caused by medical negligence during pregnancy or labour, then you can still make a claim today.
Yes, the vast majority of medical negligence claims against the NHS are resolved out of court, so you are extremely unlikely to experience the stress of a court battle. If you sue the NHS and go to court, a medical attorney can defend you.
Birth negligence compensation calculator
HD Claims provide a free birth injury claims calculator to determine how much compensation you may be entitled to. An expert team of lawyers are on hand to assist you with your claim and there is no fee for receiving legal advice from our network of solicitors and barristers. To start, enter some basic information about your case in our online birth injury calculator. The information entered will help us assess whether or not we can take forward your case.
Why choose us for your birth injury compensation claims?
We realize the trauma birth injuries can cause, especially when inflicted by medical carelessness. So, our firm has the best solicitors for you, who will assist you till the end. Not only this, but we will also seek reimbursements to help you wherever possible. Also, we work with support groups, charities, and doctors to recommend you to specialized services. Thus, if you or your baby were hurt at delivery due to a medical error, contact us about making a claim.
Birth injury compensation claims can be complex, which is why we encourage anyone who has suffered birth injuries to get in touch with our medical negligence lawyers at HD Claims. We are here to help you with your claim and answer any questions you may have about the process, and we can also provide practical guidance based on our experience with this type of claim. Our team will take you through each step of the birth injury compensation claim process so that you won’t feel overwhelmed or confused by it. To speak with one of our experts about birth injury compensation claims today, call 0141 280 1112 now!
