If your child has suffered an avoidable brain injury due to oxygen deprivation in the womb or during their birth, you may be entitled to make compensation claims for brain damage due to asphyxia. Successfully recovering compensation for asphyxiation during childbirth will provide the funds that your child requires in order to secure their support and care for the rest of their life.

In order for compensation claims for brain damage due to asphyxia in the womb to be successful, it will be necessary to prove that a medical professional failed in their duty to provide an acceptable standard of care for you and your child, and “at the time and in the circumstances” was negligent by either an act or an omission.

Where it exists, proof of a medical professional´s negligence is usually acquired by investigating the standard of care you received before, during and after the birth of your child. If “on the balance of probabilities” your child´s injury could have been avoided with greater care, you will be able to make compensation claims for brain damage due to asphyxia on behalf of your child.

Making Compensation Claims for Brain Damage due to Asphyxia

Once negligence is established, your solicitor will send a “Letter of Claim” to the NHS Trust responsible for the standard of care at the hospital at which your child was born. The letter will explain that you are claiming compensation for asphyxiation during childbirth and be supported by the evidence of negligence collected during the review of your care.

The NHS Trust has ninety days in which to respond to compensation claims for brain damage due to asphyxia, and will either acknowledge it liability for your child´s injury or contest the claim. If liability is accepted, your solicitor will enter into negotiations with the NHS Litigation Authority to agree a settlement of compensation for asphyxiation during childbirth.

When compensation claims for brain damage due to asphyxia are contested, your solicitor will consider the health authority´s defence and discuss your options with you. The issuing of court proceedings is a likely outcome when hospital negligence claims are contested, but this does not necessarily mean that you will have to attend a court hearing to resolve your claim. The settlement of compensation claims for brain damage due to asphyxia is often negotiated shortly before scheduled court hearings take place.

How Much Compensation for Asphyxiation during Childbirth?

How much compensation for asphyxiation during childbirth your child will be entitled to will depend on the nature and extent of your child´s brain injuries and the impact they will have on the rest of their life. When compensation claims for brain damage due to asphyxia are made, many factors are considered in the settlement, including the pain and suffering that your child has experienced, the deterioration in their quality of life and their future loss of opportunities and income.

The most significant portion of the settlement will be for your child´s future care needs. For this reason compensation for asphyxiation during childbirth is often normally paid as a lump sum with annual index-linked payments that can be adjusted if your child´s condition improves or deteriorates. Usually the funds are maintained in a court controlled interest yielding account which you can gain access to for medical and educational requirement on application to the court.

It was mentioned above that compensation claims for brain damage due to asphyxia are rarely resolved in court. However, when your claim is resolved, an approval hearing will be necessary. This is because any settlement of compensation for asphyxiation during childbirth has to be approved by a judge to ensure it is in your child´s best interests. The hearing is usually brief and while you are in court you will receive a formal apology from the hospital responsible for your child´s brain injuries.

Legal Advice about Compensation Claims for Brain Damage due to Asphyxia

If you would like to know more about making compensation claims for brain damage due to asphyxia, you are invited to call our free legal guidance service – a service which enables you to speak with a hospital negligence solicitor to discuss the circumstances surrounding your child´s birth and the areas in which you believe the standard of care could have been better.

The solicitor will be able to answer any legal questions you may have about claiming compensation for asphyxiation during childbirth and will guide you through the processes of establishing negligence and making compensation claims for brain damage due to asphyxia on behalf of your child.

Our service is provided free of charge without any obligation on you to proceed with compensation claims for brain damage due to asphyxia, and all calls to our free legal guidance service are completely confidential. We aim 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 asphyxiation during childbirth that may be worth your while to pursue.