In order to be eligible to claim for a broken bone at birth, your child must have suffered an injury that was avoidable “at the time and in the circumstances”. What this means is that there may have been a justifiable reason why significant force being used during the delivery of your child, and so although your child may have suffered an injury, it may not have been due to hospital negligence.
Such scenarios include medical emergencies when your child is experiencing foetal distress after the delivery has begun, or a quick delivery is necessary to prevent an injury to the mother. Only if it can be shown that “on the balance of probabilities” your child´s injury was attributable to a poor professional performance will it be possible claim compensation for a broken bone during childbirth.
Establishing Negligence for Childbirth Broken Bone Claims
In order to establish hospital negligence when claiming compensation for a broken bone at child birth, you solicitor will ask for your permission to review your medical records and those of your child. The medical records will be reviewed by a medical expert to determine whether the injury to your child could have been avoided during childbirth or if there were any signs during your pregnancy that a difficult birth was likely.
If evidence of hospital negligence is found, your solicitor will use it to support a “Letter of Claim”. The Letter of Claim is sent to the NHS Trust responsible for the standard of care at the hospital at which you gave birth. The Letter will advise the NHS Trust that you are making a claim for a broken bone at birth on behalf of your child and request that they conduct their own investigation into the allegations.
Negotiating Compensation for a Broken Bone at Childbirth
The NHS Trust has ninety days in which to conduct its investigation and either accept liability for your child´s broken bone or contest your claim for a broken bone at birth. If liability is accepted, your solicitor will meet with the NHS Litigation Authority to negotiate a settlement of compensation for a broken bone at childbirth. The value of the settlement will depend on the nature and extent of the injury, and any ongoing consequences the injury may have as your child grows up.
If liability is contested, your solicitor will discuss your options with you. These may include issuing court proceedings, but this is usually a worst case scenario. Your solicitor will avoid court action wherever possible and will attempt to organise an out-of-court settlement of your claim. When the claim is settled, you will need to attend court once as the settlement of compensation for a broken bone at childbirth has to be approved by a judge to ensure it is in your child´s best interests.
Get Legal Advice about Making a Claim for a Broken Bone at Birth
Due to potential issues with the NHS Trust accepting liability, it is always in your best interests to obtain legal advice about making a claim for a broken bone at birth at the first practical opportunity. We run a free legal guidance service which offers discrete legal advice about claiming compensation for a broken bone at birth which you are invited to call.
Our service enables you to speak directly to an experienced medical negligence solicitor who will answer any questions you have about claiming compensation for a broken bone at birth. Although our solicitor will be unable to tell you during the initial telephone conversation if you have a claim for a broken bone at birth that may be worth your while to pursue, he or she will be able to explain the conditions that need to be fulfilled to increase the likelihood of your claim being successful.
Please note that all calls to our free legal guidance service are completely confidential, and there is no obligation on you to proceed with a claim for a broken bone at birth after speaking with us. We will explain your options to you in plain English, so that you are able to make an informed decision about whether you wish to continue with a claim for compensation for a broken bone at childbirth.