If you’re thinking of making a birth negligence claim as a mother, Accident Advice Helpline can help you to work out what your options are. Coping with the aftermath of birth trauma can be very difficult and often feels overwhelming. We can make the legal aspects of the situation simpler so that you have time to concentrate on your recovery.
The basics of birth negligence claim
Negligence claims cannot be made in every case where a birth goes wrong. It’s only possible to take action if someone is directly at fault – for instance, if a mistake was made, if you were given the wrong medication, or if staff forgot an important aspect of your treatment. If this is the case, you may be able to claim, even if you are not physically injured, if you have suffered acute psychological distress that has left you with ongoing problems.
Because birth is always associated with some degree of physical suffering, physical problems caused by birth trauma cannot always be identified straight away. If they emerge later and you see a doctor who believes they were caused by negligence, you may still be able to claim. You will, however, need to bring any claim within three years of the birth.
Advice and assistance
At Accident Advice Helpline our lines are open 24/7 on 0800 689 0500. Our staff can discuss your situation with you and help you to work out what you want to do. If you decide that you don’t want to claim, you won’t owe us any money. If you decide that you do, we can find you an expert medical negligence solicitor. Unlike many legal firms, we won’t keep you waiting in long queues and we won’t demand money up front. We believe that you have the right to good legal representation when you need it, no matter what your financial situation is.
We take all our cases on a no win, no fee basis. Any compensation you receive will normally come from the responsible party’s liability insurance, so you won’t be forcing a skilled medical professional out of practice. Your actions in claiming compensation will not normally impact on any investigation into that person’s suitability to practice.
What compensation can cover
In pursuing a birth negligence claim for a mother, a solicitor will normally take several factors into account. These include physical and emotional suffering, ongoing health problems, and the impact on your day to day life. If you were forced to take a lot more time off work than planned, and maternity pay doesn’t cover it, you may be able to claim for loss of earnings. If you have been left with a lasting disability, you may be able to get money to cover the cost of special equipment or adaptations to your home.
Compensation payments can’t fix everything, but they are designed to restore as much normality as possible to your life. We can help to make that happen.
Date Published: December 15, 2013
Author: David Brown