Updated on March 27, 2018
Childbirth is an exciting time for expectant mothers and their families. However, anxiety follows if there is any complication involving the birth of the child or the health of the mother who has to bear the immense pain. Childbirth can be scary but exhilarating and with proper health care and delivery system, all problematic issues can mostly be avoided to make way for a hassle-free childbirth experience.
However, we know that things can sometimes go wrong resulting in life-altering injuries not only for the mother but also for the baby. These experiences can be traumatic and may even result in death. If you believe that a new mother or her baby has been harmed in any way due to the carelessness of the doctor or any negligence during the post-natal period, you can apply for an injury compensation claim.
When can you apply for this claim?
Situations in which you can apply for compensation on behalf of the mother are:
- Injuries due to perineal tears—both third and fourth-degree tears.
- Episiotomy errors or due to poorly performed episiotomies.
- Any infections or unnecessary blood loss that has occurred as a result of inefficient delivery.
- Any injuries sustained to the bladder, bowel or ureter.
- Usage of infected or used swabs during operations.
- Being incorrectly diagnosed.
Situations in which you can apply for compensation due to injuries sustained by the baby are:
- Any brain damage that has occurred due to improper delivery.
- Fractures suffered by the baby.
- Small injuries like cuts and scratches on the baby’s skin.
- Hip dysplasia
- Cerebral palsy resulting from inefficient delivery.
All the situations can be devastating and often take place due to the failure to monitor the baby and the mother correctly. If the labor is not progressing smoothly, it needs to be detected early so that complications can be avoided later on.
Who can apply for the compensation claim?
The parents or the legal guardians are responsible for applying for the compensation claim. In some cases, the baby can apply for the lawsuit after it grows up and becomes an adult. However, since medical compensations get quite costly, it is advised to apply for the claims as early as possible. If the mother has been harmed, she or her family members can apply for the same.
What you should consider while applying for the claim
You should be able to prove that the injury or damage could have been prevented if the medical negligence had not occurred on part of the hospital. If you feel like you are having difficulty in successfully claiming compensation, you can take the help of solicitor who is experienced in these matters.
You can search for solicitors in England, Scotland, and Wales on the Solicitors Guru website. In case you are not financially stable and cannot afford the legal fees, you can opt for agreement when solicitor get paid in case of success – get extensive information on no win no fee in a special article. This will protect you if your claim does not win in court.