Claiming compensation for the failure to treat shoulder dystocia at birth in a timely manner is likely to bring back terrible memories for a mother. Inasmuch as a mother rarely suffers a serious injury due their child´s shoulder becoming stuck behind the pelvic bone, there is nothing a mother can do to help her child, and she can only place her faith in the medical practitioners dealing with the medical emergency.

When that faith is misguided, and your child suffers an injury due to an act or omission by a medical practitioner, it is possible to claim compensation for the failure to treat shoulder dystocia at birth – not only to recover compensation for the injury your child has suffered, but also to get answers to why the medical emergency was not dealt with in a timely manner, or why it happened in the first place.

Making Claims for Childbirth Injuries due to Shoulder Dystocia

When you make claims for childbirth injuries due to shoulder dystocia on your child´s behalf, a thorough investigation is carried out to determine whether “at the time and in the circumstances” you child´s injuries due to shoulder dystocia could have been avoided with greater care, or whether an alternative course of action (such as a C-Section) should have been considered in advance.

To ascertain whether your child´s injuries occurred naturally or were attributable to hospital negligence, your solicitor will engage the services of an independent medical expert. The expert will investigate the standard of care that was provided for you and your child at the time of the medical emergency, and review your medical records to establish whether any risk of childbirth injuries due to shoulder dystocia could have predicted.

If evidence of negligence is found to support a claim for compensation for the failure to treat shoulder dystocia at birth in a timely manner, your solicitor will compile a “Letter of Claim” and send to it the NHS Trust responsible for your care. The hospital authority has ninety days in which to conduct its own investigation and either acknowledge liability for your child´s injuries or contest your compensation claim.

The Next Stage of the Claims Procedure

The next stage of the claims procedure depends on whether the NHS Trust acknowledges liability for your child´s injuries or contests your claim for compensation for the failure to treat shoulder dystocia at birth in a timely manner. If liability is acknowledged, your solicitor will commence negotiations to settle your child´s claim for childbirth injuries due to shoulder dystocia with the NHS Litigation Authority.

If the claim is contested, your solicitor will discuss your options with you. It may be necessary to pursue compensation for the failure to treat shoulder dystocia at birth through the courts, but a solicitor will only usually suggest this course of action as a last resort. Often, settlements of compensation for childbirth injuries due to shoulder dystocia can be negotiated out-of-court without you and your child having to go through the trauma of a court hearing.

However your claim for childbirth injuries due to shoulder dystocia is settled, a court appearance will be necessary to finally resolve your claim. This is because settlements of compensation for the failure to treat shoulder dystocia at birth have to be approved by a judge to ensure that they are in the best interests of your child. Once approved, the settlement of compensation is placed into a fund under the court´s control until your child is eighteen years of age.

Further Information about Compensation for the Failure to Treat Shoulder Dystocia at Birth

No two compensation claims for childbirth injuries due to shoulder dystocia are the same. The circumstances of your child´s injury and the consequences of the injury will be different in your child´s case than from any other claim. Therefore it is important that you receive professional legal guidance about claiming compensation for the failure to treat shoulder dystocia at birth that is specific to your individual situation, and at the earliest possible opportunity

We have set up a service that enables you to discuss the circumstances of your child´s birth and the injuries they sustained with an experienced hospital negligence solicitor. Our solicitor will offer professional legal guidance about the options that are available to you without you being under any obligation to proceed with a claim for childbirth injuries due to shoulder dystocia.

You are invited to call us at any time to get advice about claiming compensation for the failure to treat shoulder dystocia at birth, and then you can focus on caring for your child while we investigate whether there is a claim for childbirth injuries due to shoulder dystocia that may be worth your while to pursue. Please note that our service is free to use and that all calls to our service are completely confidential.