Got a Question?
- What Do I Need to Know About My Birth Defect Compensation Claim?
- What are the Different Types of Birth Defects I Could Claim For?
- How To Identify the Signs of a Birth Defect Negligence?
- Should I File a Birth Defect Negligence Compensation Claim?
- What Should I Consider When It Comes to Birth Defect Compensation Claims?
- Should I Call Tylers Solicitors for More Information on My Birth Defect Compensation Claim?
The birth of a child is an occasion that is anticipated and celebrated by most people. It is a transition in the minds of many women that brings them into a new state of womanhood. However, when there are problems in a birth with results in birth defects, then the joy is stolen and replaced with anger, sadness, frustrations, and worry. When negligence occurs which results in a birth defect to your child, you need to know information to help you determine how and if you should file compensation claim.
Generally, there are two types of birth defects. There are those which are structural and those which are functional. Structural birth defects cause damage to the body part’s functionality. For example: If an arm is pulled and the muscles or the joint is damaged causing the arm to be paralyzed or misshaped that is a structural birth defect. Functional birth defects are related to how the body’s systems work. For example: If forceps were used improperly on the child which caused damage to the nervous system resulting in the inability to speak properly or retardation then that is a functional birth defect.
Where there are several factors which can contribute to birth defects in a child, there are some signs which can indicate that there was negligence on the doctor, medical staff, nurse, or practitioner. Typically, these negligence signs are a result of misdiagnosis or failure to treat a potential problem and not in the birthing process. Such common areas are:
- Failure to diagnose material diabetes
- Failure to properly monitor the pregnancy and to diagnose problems as they arose
- Failure to notice signs of Cerebral palsy
- Failure to diagnose heart and respiratory problems
Structural birth defects are pretty obvious but can be overlooked, especially in new born children which have not fully developed some of their motor skills. If you believe that you child may have structural birth defects you should have your child checked for:
- Any inability to move an appendage
- Any bone damage or permanent muscle damage
- Ultrasounds on the internal organs to ensure that there is no internal damage
Birth defect claims should be filed when there is an obvious sign of neglect and unprofessionalism, especially in cases where the child has suffered life altering conditions as a result of such negligence. If you have a child which has had to undergo physical therapy, corrective surgery, or has been confined to a wheelchair as a result of the negligence of a doctor, nurse, medical staff, or practitioner then you may have grounds for a claim.
If you have a child, even if the child is now older, which has shown signs of a functional birth defect which has resulted in that child having to seek specialized care (such as a linguistics coach) as a result of negligence; you may have grounds for a claim.
Any person who has had a child with cerebral palsy, respiratory, or circulatory conditions which were not diagnosed may have grounds for compensation if it can be shown that another doctor, nurse, medical staff, or practitioner could have detected such birth defects under the same conditions.
Children who have suffered respiratory problems due to the umbilical cord being wrapped around the throat may have ground for a claim, especially if the issue could have been detected in an ultrasound or if the result of non-detection has resulted in other functional birth defects (such as the inability to speak or blindness).
When filing a negligence/compensation claim it is essential that you do so as quickly as possible. All medical claims have a process and procedures which must be adhered to in order to receive any compensation. We will work with you to ensure that the documentation and claims are filed properly and on time. Please note that claims are determined typically by the duration of the pain, the severity of the damage, and the grossness of the negligence.
Keep in mind that there is a difference in negligence and common risks. You are encouraged to seek the advice of a medical professional to diagnose your current condition.
We understand that you may be frustrated and confused as to what your rights are concerning your claim. If you believe that you are the victim of birth defect negligence and would like to discuss your case with one of our professionals please feel free to contact us. We will work with you one on one to determine the severity of your case as well as the best option to get the compensation you deserve.
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We accept Nationwide Birth Defect compensation claims
No matter where you were injured in the UK, Tylers Solicitors are just a telephone call away from giving you expert advice about your birth defect compensation claim. If you would like to contact us about claiming compensation in the UK then telephone 0800 699 0079 today for a no obligation chat or simply use our online contact form.