Can I make a compensation claim for child spinal cord injury during birth, as my son experienced partial paralysis after a difficult birth?
A compensation claim for child spinal cord injury during birth could be possible if your child has suffered an avoidable injury which was caused by carelessness. When going through the process of childbirth, both you and your child are entitled to a duty of care from the medical professionals tending to your care and who should ensure that the risk of your child sustaining an injury to spinal cord during birth is kept to a minimum. If your child sustains an avoidable injury as a result of negligence, they could be entitled to claim child spinal cord damage during birth compensation. To establish whether this applies in your case, you are advised to contact a personal injury* solicitor regarding your child’s spinal cord accident during birth at the earliest opportunity.
You could be able to make a compensation claim for child spinal cord injury during birth if it is determined that measures could have been taken to reduce the risk of an injury being sustained, but these measures were not implemented. This could be the situation if your child sustained an injury to spinal cord during birth as a result of the incorrect tools being used by a medical professional, or tools which were not suitable for the task at hand. It could also be the scenario that – for example – a spinal cord accident during birth could have been averted had an emergency procedure such as a C-section been performed, but the doctor at hand did not perform or recommend this action. If it is considered that a competent medical professional would not have taken the same measures as those tending to your child’s birth, you could be entitled to child spinal cord damage during birth compensation.
However a compensation claim for child spinal cord injury during birth may not be possible under certain circumstances. There are unfortunately occasions in which complications arise and an injury to spinal cord during birth is unavoidable, in which case the medical team at the hospital may not be held liable. It may also be the situation that a procedure such as a C-section was correctly determined to not be sufficient to avert a spinal cord accident during birth. It may not be possible to claim child spinal cord damage during birth compensation if – rather than the result of medical negligence* – your son’s injury was simply due to an unfortunate complication.
To determine liability for your child’s injury to spinal cord during birth, you are advised to contact a personal injury* solicitor at the earliest opportunity. Your solicitor can help determine the value of your claim and can contact a medical expert to establish whether negligence had taken place and caused the spinal cord accident during birth. By contacting a legal expert, it can be established whether you can seek child spinal cord damage during birth compensation and if it is worth pursuing further. Compensation could be needed for your child’s medical treatment and education expenses, because of which you should contact a solicitor at the earliest convenience regarding a compensation claim for child spinal cord injury during birth.