Childbirth Brain Injury Compensation Claims.

The majority of families are not in the financial position to cover the costs associated with raising a child with brain damage, especially if the injury sustained during childbirth could have been prevented. In most cases, medical professionals uphold a high standard of care during childbirth. However, occasionally errors can be made due to medical negligence which can result in a brain injury and lifelong medical issues for the child.

A childbirth brain injury compensation claim can provide you with the financial stability to support your child throughout their life. The amount of compensation you may be awarded will vary depending on a number of factors, including:

• The type and severity of the brain injury
• The physical suffering experienced
• The psychological impact of the injury
• The current impact of the injury on your life
• The potential future impact of the injury
• Future loss of earnings
• Treatment and therapy costs
• Travel costs including parking fees
• The cost of any necessary vehicle and home adaptations
• Providing care

In the majority of cases, you will be required to provide evidence to support your claim, so it’s advisable to keep any receipts, invoices, and medical reports. The judge will take into account all aspects of your claim when determining the amount of compensation that you are to be awarded. With Lanyon Bowdler on your team, you can be assured of the best possible outcome to your claim.

In most brain injury at birth compensation claims, there is a three year time limit for claiming. The three year period begins from the time of the incident, or from the time that you are made aware that negligence played a part in your injury.

However, that three year period doesn’t start running until a child’s 18th birthday. Therefore your child may make a claim at any point up until their 21st birthday. However, the longer you wait to claim, the more difficult it may be to obtain evidence of the birth injury, so we recommend you begin the claim as early as you can.

There are a number of key signs and symptoms that can indicate brain damage in a new born baby. It is always advisable to seek medical advice if you notice any of the following:

• An abnormally large forehead
• An abnormally small head
• An abnormally-shaped spine
• Arching of the back whilst crying
• Abnormal eye movement
• Difficulty when swallowing
• An excessive amount of drool
• Abnormally fussy or irritable
• Loose or stiff muscles
• A high-pitched cry
• Seizures

The above symptoms are typically recognisable very soon after the brain damage has occurred. However, in some cases the symptoms of brain damage may not be detected until toddlerhood, for example: sleeping disorders, sensitivity to light, difficulty with gross motor skills (crawling, standing, walking etc), and brain damage may also manifest as mental and physical developmental issues later on in the child’s life.

If your baby sustained a head injury or trauma during childbirth and then presents with any of these symptoms it is important to see a doctor as soon as possible. Once it has been established that brain damage has occurred, our team of medical negligence solicitors can advise you as to whether you are entitled to claim compensation.

Neonatal brain damage typically leads to the child experiencing some cognitive and behavioural abnormalities throughout their childhood, and these effects may change and differ as the child’s brain begins to develop and mature.

The effects of brain damage can include:

• Behavioural – Personality characteristics such as agitation, anger, excitement etc can be exaggerated due to brain damage, affecting the child’s behaviour.
• Emotional – A child with brain damage may experience extreme mood swings, anxiety, and/or depression.
• Cognitive – A child’s memory may be affected, as well as their ability to think, learn, and perceive the world around them.
• Physical – A brain injury can lead to problems with a child’s mobility, balance, co-ordination, and muscle strength.
• Communication – Children with brain damage may experience difficulties in communicating both verbally and through physical movements.
• Hormonal – An injury to the brain can cause a hormonal imbalance, which may then lead to conditions such as diabetes, reduced body hair, or weight gain.
• Awareness – Children who have suffered a neonatal brain injury may experience a reduced state of awareness, often seeming as if they are in a daze, or even becoming comatose.

In many cases, a child who has suffered brain damage during childbirth will require ongoing medical care and assistance throughout their lives. If the brain injury occurred due to medical negligence, a compensation award can provide the financial help you need to provide your child with the best possible life. At Lanyon Bowdler we understand how daunting it can be to pursue legal action whilst caring for a brain-injured child, which is why our team handle each case with compassion and diligence, to ensure the best possible result for you and your family.

When a baby sustains a head injury at birth, the long term prognosis will typically depend on the severity of the injury. In cases of mild brain damage, the prognosis may be fairly good, and the child may be able to live a relatively normal life.

However, in cases where the head injury is moderate to severe, the resulting symptoms may affect the child’s independence and overall quality of life, and it may reduce their life expectancy.

Seeking medical intervention as soon as possible can help to improve your child’s prognosis.

Brain damage is not a degenerative condition, it does not worsen over time. Additionally, it will not improve over time either. Treatment for brain damage is focused on managing the associated symptoms and providing assistance to the patient as they navigate each stage of their life.

There are a range of different treatment options for brain damage, including:

• Medication, for example painkillers or anticonvulsants
• Mobility aids, such as walking frames or wheelchairs
• Assistive devices to aid with everyday tasks
• Physiotherapy to improve mobility
• Speech therapy
• Occupational therapy
• Surgery, for example to treat hematomas

The treatment options will typically vary depending on the type and severity of the brain damage, and your child’s doctor will usually tailor a treatment plan to cater for your child’s specific needs.

Brain damage occurs when some of the brain cells become damaged or destroyed, which can happen for a number of different reasons during childbirth. Some of the situations that can cause brain damage include:

• Hypoxia or oxygen deprivation to the neonatal brain
• A physical head injury during birth caused by excessive force from forceps or ventouse, or the head becoming stuck in the birth canal
• Viral or bacterial infections such as meningitis can affect brain development
• New born jaundice or a build-up of bilirubin, which is known as kernicterus
• Aneurysm, caused by a blood vessel defect or high blood pressure during birth
• Stroke, which can occur due to lack of blood flow and low blood oxygen levels
• Poisoning from toxins such as methylmercury which can cause damage to a developing brain

In mild cases of brain damage, the child may eventually recover with little to no lasting effects. However, more severe cases of brain damage may lead to lifelong disabilities such as cerebral palsy, with the child typically requiring medical treatment for the rest of their life.

If your child has been left with brain damage after childbirth, which you believe to have been caused by medical negligence, you may be able to claim compensation. For example, if the medical team fails to recognise the need for a caesarean section, a birth injury could occur, which may be considered clinical negligence. Get in touch with our clinical negligence team today, our specialist lawyers will be happy to offer advice and assistance with your claim.