It may be possible to pursue a compensation claim for a spinal cord injury at birth against your midwife for your son who was born paralysed. Child birth is supposed to be a happy time for new parents, having a child born with a permanent disability that could have been prevented not only suggests a breach in the duty of care that all medical practitioners owe their patients, it suggests a demonstration of negligence. However, although your son having sustained injury to his spinal cord from childbirth may appear to be a clear sign of negligence, to have a successful claim this will have to be determined by an independent medical expert. Therefore it is in your best interest to contact a medical negligence claims solicitor at the first possible moment.
When you meet with your solicitor, inform them of the circumstances in which your son was born and sustained his birth injury to his spine. Tell them of any instances of negligence you may have noted – for instance, if the practitioner delivering your son was overly forceful with the use of forceps, or if there were symptoms that were overlooked directly after your son was born. Your solicitor will use this information to assess the strength of your claim. They will also obtain any relevant medical notes form your birth.
These medical notes will be presented to the medical expert. It is up to this expert to determine where or not your son’s spinal cord injury could have been avoided in alternative circumstances where a different doctor had been operating and if different steps had been taken in the treatment of you and your baby before, during and after birth. If he concludes that your son’s injury to his spinal cord from childbirth was due to negligence, your solicitor may agree to proceed with your claim. They will then send a letter of claim to the negligent party informing them that you are initiating a compensation claim for a spinal cord injury at birth against them.
The amount of compensation for birth injury to spine you may be entitled to receive for your son will be negotiated after the negligent party had admitted liability. The amount you could be eligible to obtain will be dependent on a number of elements. The nature of your son’s injury will be taken into consideration in addition to how severe this injury is and how much medical assistance and home care will be necessary. Furthermore, if you have suffered any sort of quantifiable psychological injury as a result of your son’s birth injury you may also be compensated for this.
Making a compensation claim for a spinal cord injury at birth can be a complex process; therefore it is in your best interest to speak with a medical negligence claims solicitor about your potential claim at the soonest available opportunity. A solicitor who has been informed of your situation will be able to provide you with further, more specific legal information than what has been provided here.