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Birth injuries are injuries sustained during or around the time of birth. They can occur to both baby and mother.
Sometimes, birth injuries are just a natural outcome of the labour and delivery. Other times they arise as the result of mistakes made the by medical professionals looking after you and your child during labour and delivery.
In order to make a successful compensation claim, it is necessary to establish a direct link between the negligence and your/your baby's injury.
Birth injuries range from mild to temporary, to serious and permanent. The most common types of injury that you have probably heard of before include:
Injuries to baby:
Injuries to mother:
The amount of time to make a claim depends on who is making the claim.
If the claim relates to injuries suffered by a mother, then you have 3 years from the date on which you suffered the injury.
Where the claim relates to injuries sustained by your baby, then the claim must be made within 3 years of their 18th birthday. However, if your child has sustained a serious brain injury, you may not be subject to the same time limit.
Nevertheless, it is important to seek legal advice as early as possible.
The value of a claim depends on the extent of the injury suffered, expenses already incurred and what, if any, future needs you or your child may have.
Where possible, we obtain interim payments, (payments made while the claim is ongoing) to help with the financial cost of care, treatment, adaptations to the homes and to provide necessary rehabilitation aids and equipment.
We believe in providing our clients with the maximum financial and emotional assistance. In most cases, we will be able to offer a conditional fee agreement – which is most commonly known as a "no win, no fee" arrangement.
Yes. Medical negligence cases are complex that require specialist knowledge to determine if there is a case to proceed with. Not all claims are straightforward and we would be happy to take the time to discuss your particular circumstances with you.
Compensation claims are not restricted to ongoing illnesses or conditions brought on as a result of medical negligence. You might be able to pursue a claim in cases of:
If you believe that you or your child has suffered a birth injury, Pinney Talfourd are here to help. We have an experienced and dedicated team of specialist medical negligence lawyers based in our offices in Essex and London.