In this guide, we outline when a medical negligence claim could be made if you or your child suffered a broken bone birth injury that was caused by a breach of duty owed to you by a medical professional.
We explain the criteria that need to be met in order for you to have legitimate grounds to seek compensation and look at how long you have to begin legal proceedings.
Additionally, our guide highlights the evidence you could gather in support of your claim and steps you could take to build a strong case.
We also outline how medical negligence compensation tends to be calculated and the payout you could potentially receive following a successful claim.
Furthermore, we end our guide by detailing the benefits of working with a solicitor under a kind of No Win No Fee agreement and the services they could offer you.
To receive further guidance about your potential birth injury claim, get in touch with our team. You can reach an advisor using the methods listed below:
- Telephone us on 0161 696 9685
- Contact us by filling out your details in our online form.
- Chat with an advisor via the live chat function below.
Choose A Section
- How To Claim For A Broken Bone Birth Injury
- How Could Broken Bone Birth Injuries Be Caused By Negligence?
- Proving A Broken Bone Birth Injury Claim
- Examples Of Settlements In Birth Injury Claims
- Why Contact Legal Helpline About No Win No Fee Birth Injury Claims?
- Learn More About Claiming For A Broken Bone Birth Injury
There is a set criteria that need to be met in order for a claim to be made after you or your child suffered a broken bone birth injury. Firstly, you need to prove that a medical professional owed a duty of care. Then, you need to show that there was a breach of this duty. Finally, you need to prove that you or your child experienced unnecessary or avoidable harm as a result of this breach. This is medical negligence, for which you could be eligible to seek compensation.
Medical professionals are required to deliver the correct standard of care. This is the duty of care they owe their patients. The ways in which they are expected to uphold this duty can differ depending on the field of medicine they specialise in. For example, the General Medical Council provides ethical guidance for doctors, whilst the Nursing and Midwifery Council provides guidance on the professional standards or practice and behaviour for nurses, midwives and nursing associates.
A failure to provide care that meets the correct standard could result in you or your child becoming injured during the birthing process. In these instances, a medical negligence claim could be made.
Time Limits On Clinical Negligence Claims
In addition to meeting the criteria laid out above, you need to ensure you start your claim within the limitation period set out in the Limitation Act 1980. This states that you will generally be given three years from date of medical negligence or the date you learned of medical negligence.
Some exceptions can apply to the time limit, however. To find out more about these and whether you have valid grounds to pursue a claim for a broken bone birth injury for yourself or on behalf of your child, get in touch with an advisor on the number above.
Not all incidents of a broken bone sustained during birth will be the result of medical negligence. However, we have provided some examples of how this type of injury could be sustained below:
- Incorrect use of medical equipment in a hospital, such as forceps, can lead to the mother potentially suffering a broken pelvis during birth.
- The baby’s shoulder may be dislocated if it is stuck during delivery or if the baby is born in the breeched position. Alternatively, the clavicle could be broken due to excessive force used during labour.
If medical negligence caused either you or your child to sustain a broken bone birth injury, contact an advisor to see whether a claim could be made.
Evidence can help prove that medical negligence caused you or your child to sustain a broken bone birth injury. For example:
- Hospital reports.
- Doctor reports.
- Statement of diagnosis.
- Treatment plan.
- Contact details of any witnesses, such as a birthing partner.
Additionally, findings from the Bolam test can help to support your case. This involves other medical professionals assessing the care that was provided to determine whether it met the correct standard.
A solicitor from our panel could assist you in gathering evidence and building your case. They have experience handing birth injury claims and can guide you through the different stages of the claims process.
To find out how they could help you, please speak with an advisor via the number at the top of the page.
There are two kinds of compensation you could receive for a broken bone birth injury following a successful claim. Firstly, compensation will be awarded for the pain and suffering caused by the medical negligence under general damages.
When valuing this aspect of your claim, legal professionals may use the compensation brackets in the Judicial College Guidelines. Whilst we have included some of these guideline figures in the table, it’s important to note that they are not necessarily reflective of what you will receive as part of your settlement. This is because each claim is valued on it’s unique circumstances.
|Pelvis and Hips||Severe (a) (i)||Pelvis has extensive fractures, e.g. the low back joint is dislocated and the bladder is ruptured.||£78,400 to £130,930|
|Pelvis and Hips||Severe (a) (iii)||A hip fracture resulting in a hip replacement being needed.||£39,170 to £52,500|
|Arm||Severe (a)||Injuries that leave the person little better off than if there had been a loss of the arm, such as a serious injury to the brachial plexus.||£96,160 to £130,930|
|Arm||Permanent And Substantial Disability (b)||Serious fractures of one or both forearms.||£39,170 to £59,860|
|Shoulder||Severe (a)||Damage to the brachial plexus causing disabilities that are significant.||£19,200 to £48,030|
|Shoulder||Serious (b)||Dislocated shoulder and damage to the lower brachial plexus. This causes pain in the shoulder and neck as well as sensory symptoms in the hand and forearm.||£12,770 to £19,200|
|Shoulder||Fracture of Clavicle (e)||The extent of the fracture, any residual symptoms and the level of disability will be considered when determining the award.||£5,150 to £12,240|
Special Damages In Birth Injury Claims
Your payout could also comprise special damages which compensates for the financial losses caused by medical negligence. This can include:
- Loss of earnings
- Travel costs
- Professional domestic care costs
- Medical expenses
Evidence can help prove these losses, such as receipts, payslips and invoices.
To find out more about medical negligence compensation payouts, get in touch with an advisor on the number above. They can provide a personalised estimate of the settlement you could be awarded after making a successful birth injury claim.
If you choose to work with a solicitor from our panel, they may propose to work on a No Win No Fee basis and offer you a Conditional Fee Agreement. This type of contract usually means you won’t pay for the work your solicitor completes on your case at the following times:
- As your claim progresses
- If your claim does not win
If your claim does win, your solicitor will take a success fee from your compensation. This is usually deducted as a percentage. However, the Conditional Fee Agreements Order 2013 caps the percentage your No Win No Fee solicitor can take. Additionally, the amount will usually be discussed between yourself and your solicitor prior to you entering the agreement.
If you would like to learn more about whether a solicitor from our panel could offer their services under the terms laid out above, speak with an advisor. They can carry out a free assessment of your case and connect you with a solicitor who can begin working on your claim.
Additionally, an advisor can provide further advice and guidance on your potential birth injury claim for free. To get in touch:
- Telephone us on 0161 696 9685
- Contact us by completing our information form
- Begin a discussion about your case using our live chat window.
Below, you can find more of our guides relating to medical negligence claims:
- Walk-In Centre Negligence Claims Guide
- GP Negligence Claims Guide
- Orthopaedic Negligence Compensation Claims
Additionally, you can find more external resources:
- Information On Broken Bones – NHS
- NHS Constitution For England – GOV
- Annual Report Statistics – NHS Resolution
Thank you for reading this guide about making a medical negligence claim for a broken bone birth injury. If you have any questions, please get in touch using the contact details provided above.
Written by EM
Edited by MMI