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M&K Solicitors

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BIRTH INJURY CLAIMS

The birth of a new child is usually a time of great joy.

Sadly, when medical negligence occurs during the management of a pregnancy or during labour, there can be catastrophic consequences which devastate not only the injured patient, but also their family as a whole.

If you or your child has been injured (or your wife or child has died) as a result of medical negligence during a pregnancy or birth, M&K Solicitors can act to ensure that the highest possible levels of compensation are obtained. In doing so we will ensure that the stress associated with bringing a claim is kept to the minimum possible, allowing families to remain focused on the recovery and support of the injured mother and/or child.

These are some of the claims relating to negligent medical treatment that we typically handle for our clients:

For mother:-

  • Delayed and misdiagnosed pre-eclampsia
  • Errors in managing pre-eclampsia
  • Still birth
  • Caesarean section errors leading to injuries to organs
  • Retained swabs
  • Anaesthetic errors
  • Failure to administer appropriate blood transfusions
  • Untreated/mistreated infections
  • Nerve damage
  • Administration of incorrect drugs
  • Failure to obtain consent to treatment
  • Wrongful birth
  • Fatality

For baby/child:

  • Cerebral palsy
  • Brain injuries
  • Fatality
  • Effects of delayed caesarean
  • Fractures to the skull, legs, arm, shoulder and collarbone
  • Hip dysplasia
  • Injury due to failure to refer in time or at all to neonatal team/delayed treatment
  • Untreated/mistreated infections
  • Nerve damage
  • Failure to administer appropriate blood transfusions
  • Administration of incorrect drugs
  • Cuts and scars
  • Failure to obtain parent’s consent to treatment

In order to succeed in a claim arising as a result of negligence during the management of pregnancy or labour,  the injured patient must prove that the defendant owed a duty of care to them and:

  1. That the defendant were negligent in the care provided: that is, that the care that the patient received fell below medically acceptable standards; and
  2. That the negligent act has directly caused or significantly contributed to the injury to mum and/or baby (“causation”)

To put this into simple terms, if the defendant acted in a way which was at a standard that would be accepted as reasonable by a body of medical professionals then the claim will not succeed.  This is known as establishing “breach of duty”.

Where breach of duty is established, the patient must then prove that mum and/or baby suffered a direct injury arising as a result of the negligent act(s), rather than due to any other cause. Compensation will only be paid if an injury was caused (or significantly contributed to) by the negligent act, and that injury would not have arisen but for that negligent act. If the outcome would have been no different notwithstanding the negligence, then no compensation is payable.

Why should you chose M&K Solicitors to act on your behalf in your claim arising from the negligent management of your pregnancy or labour?

  • Being injured due to negligent medical treatment received during pregnancy or labour is highly traumatic to many patients and to their families. The recovery of, and care for, the injured patient is and must remain the priority. M&K Solicitors will do everything possible to ensure that the claims process does not add to the stress experienced, and that any required medical care and rehabilitation is provided as quickly as possible. At all times you will be treated with compassion and understanding
  • At M&K Solicitors we work closely with a team of medical experts to ensure the best possible outcome to your case, both in terms of establishing that there has been a breach of duty of care and in providing medical evidence to establish that injuries were suffered as a result of that breach of duty
  • Our highly skilled clinical negligencesolicitors ensure that their clients receive the highest possible levels of compensation for the injuries and financial losses which they and/or their baby have (or will) suffer as a result of the negligence
  • We develop close relations with our clients and are there to help and advise at all times
  • We provide a highly efficient and prompt service
  • Mobile and office telephone numbers are provided for the fee earner representing you to ensure that you are able to make contact whenever you need to
  • We are able to offer “no win no fee” agreements
  • We are able to provide access to rehabilitation and medical care where required to assist in the achievement of the highest possible level of function
  • We obtain interim payments to ease the immediate financial impact of an injury and to fund the obtaining ofall necessary equipment, adaptations, and care support teams
  • We have the experience and knowledge to ensure the best possible outcome to your case

If you or your baby has suffered an injury caused by negligent medical treatment during your labour or pregnancy, contact M&K Solicitors for a consultation today

 

 

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