Birth Injury Cases
Ever wondered if your child’s disability is due entirely or in part to injuries suffered around the time of their birth?
Have you also wondered whether your child’s disability could have been avoided “but for” clinical negligence?
The first point to make is that not every child with a disability has a clinical negligence claim.
To win a birth injury clinical negligence claim one has to show that your child suffered an avoidable lack of oxygen during the labour or that the consequences of a lack of oxygen at around the time of birth were not adequately treated in the neonatal period; the first 4 weeks of life.
Has your child had an MRI brain scan?
If there is any reference in your child’s medical notes to hypoxic-ischaemic encephalopathy (HIE) then investigating the possibility of a clinical negligence claim is worth doing.
Hypoxic-ischaemic encephalopathy is damage to cells in the central nervous system (the brain and the spinal cord), from inadequate oxygen during the process of labour or in a neonatal period.
HIE is recognised as causing Cerebral Palsy injuries, developmental delay, mental retardation and affects the development of speech.
HIE occurs in 2 – 9 of every 1,000 live births.
Whilst the majority of “term infant” with mild encephalopathy make a full recovery, 25% develop significant neurological sequelae.
For pre-term infants, the overall prognosis is worse.
Did your child suffer ‘fits’ in the period shortly after birth? Did your child require resuscitation after birth spend a period of time in a Special Baby Unit?
Any of the above events raises a suspicion that your child’s disability could be as a result of clinical negligence- it is worth discussing the circumstances of your child’s birth with us.
Not really sure; but would like to talk it through?
Why not contact Tony Wiseman, tell him about the circumstances of your child’s birth and he will provide you with his opinion as to whether the possibility of a clinical negligence claim should be investigated.
Worried about the cost of investigating a clinical negligence claim?
Don’t be, you will not have to pay for the investigation, we deal with these type of cases either under Legal Aid or No Win No Fee Agreements.