Compensation Claims for a Cranial Injury at Birth
To make compensation claims for a cranial injury at birth, it has to be shown that your child suffered a significant and avoidable head injury due a medical professional’s lack of care. Even though it may appear that excessive force used in the delivery of your child was responsible for his or her injury, your eligibility to make a childbirth head injury claim will depend on the circumstances in which force was used, and if the medical professional is considered to have deviated from the accepted standard of care.
In order to ascertain whether you can make compensation claims for a cranial injury at birth on your child´s behalf, your solicitor will ask for your permission to access your child’s medical records and then have them reviewed by an independent expert. Only if it can be established that “on the balance of probabilities” the cranial injury sustained by your child could have been avoided with greater care, will it be possible to make a childbirth head injury claim for compensation.
Making a Childbirth Head Injury Claim on Behalf of Your Child
Before you can make compensation claims for a cranial injury at birth on behalf of your child, you have to apply to be their “Litigation Friend”. This is because children are not legally allowed to represent themselves, and the childbirth head injury claim has to be made on their behalf by a parent, guardian or other suitable person. Being approved as a Litigation Friend is not a complicated procedure, but a court will check to ensure that your child´s interests do not conflict with your own and that you can make decisions about compensation claims for a cranial injury at birth in a competent and balanced way.
If the evidence of negligence support a childbirth head injury claim is sufficiently strong, there will be few decisions that you will have to make. Provided that liability is accepted by the NHS Trust responsible for your care during the birth of your child, your solicitor will negotiate the best possible settlement of the childbirth head injury claim with the NHS Litigation Authority. Your only duty after that should be to represent your child at an approval hearing to ensure that the settlement is in the best interests of your child.
Settlements of Compensation Claims for a Cranial Injury at Birth
The settlement of compensation claims for a cranial injury at birth relies on many factors. The nature and permanence of your child´s injury is usually the primary factor considered, but – in the case of a catastrophic cranial injury – a childbirth head injury claim should take into account the child´s future lost income, the deterioration in their quality of life and the significant and ongoing costs of care and rehabilitation.
Due to the wide range of cranial injuries that can be sustained during childbirth – and the varying consequences of head injuries – it is always in a parent´s best interests to seek professional legal guidance about making compensation claims for a cranial injury at birth advice as soon as practically possible.
For this reason we have established a free legal advice service that you are invited to call to discuss the circumstances of your child´s head injury with an experienced solicitor. Our solicitor may not be able to confirm that you are entitled to make a childbirth head injury claim during an initial telephone conversation, but they will be able to answer any questions you may have about the legal process.
There is no charge for using our free legal advice service and you will not be under any obligation to proceed with a childbirth head injury claim once you have spoken with us. We offer discreet legal advice about birth injuries due to hospital negligence that will help you better understand how such injuries occur and what conditions need to be fulfilled before you are able to make compensation claims for a cranial injury at birth.