Claim for C-Section Injuries
If you have given birth via a Caesarean Section, and been injured due to a lack of care by a medical professional, you may be entitled to make a compensation claim for C-Section injuries. As with all claims for medical negligence compensation, your claim for compensation for a Caesarean Section injury must prove that the injury you sustained was avoidable “at the time and in the circumstances” and attributable to a poor professional performance by a medical professional.
If your child has been injured while being born via a Caesarean Section, the same criteria applies for making a claim for C-Section injuries – that the injuries must be attributable to a breach in the accepted standard of care by a medical professional. You will be required to represent your child as a “Litigation Friend”, which is a simple procedure that will be explained to you by your solicitor.
Establishing Negligence in a Claim for C-Section Injuries
In order to establish negligence in a claim for C-Section injuries, your solicitor will request authorisation to access your medical records and/or those of your child. The medical records will be reviewed by an independent medical expert to assess the standard of care provided for you and your child and to identify any areas in which it may have fallen below the standard expected by the medical community.
Any evidence of negligence will be compiled and used to support a “Letter of Claim” that your solicitor will send to the NHS Trust responsible for the hospital at which you underwent your procedure. There is rarely any viable defence against a claim for C-Section injuries, but the NHS Trust will likely conduct its own investigation before acknowledging liability for your injuries (or those sustained by your child) – after which it will be possible for your solicitor to negotiate a settlement of compensation for a Caesarean Section injury.
How Much Compensation for a Caesarean Section Injury?
How much compensation for a Caesarean Section injury you or your child will be entitled to will depend on the nature and extent of the injury, and the consequences it has on your quality of life. Quite often victims of C-Section injuries have to undergo further surgery to repair the damage done during the initial procedure, and your solicitor will account for addition pain and suffering when calculating the compensation settlement.
Other factors that your solicitor will consider when negotiating a settlement of compensation for a Caesarean Section injury include any psychological trauma you may have suffered – or may still be suffering – due to the negligence of a medical professional, and the financial costs of your injury if – for example – you are unable to work or have to employ somebody to help you with day-to-day tasks and childcare.
Further Information about C-Section Injury Compensation Claims
For further information about making a claim for C-Section injuries, you are invited to call our Freephone legal guidance service and discuss the injuries you or your child sustained – and their consequences – with an experienced medical negligence solicitor. Our solicitor will be able to answer any legal questions you may have about claiming compensation for a Caesarean Section injury and guide you through the procedures for establishing negligence and making a claim for C-Section injuries on behalf of a child.
Please note that when you speak to a solicitor on our Freephone legal guidance service, your conversation is completely confidential. Furthermore, you are under no obligation to proceed with a claim for C-Section injuries. The purpose of our service is to explain your options to you in plain English, so that you are able to make an informed decision about whether you have a claim for compensation for a Caesarean Section injury that may be worth your while to pursue.