Brain Damage at Birth
Support from the outset…
While rare, brain damage at birth does, sadly, sometimes occur. In such situations, there is a lot to deal with and worries about what the future may hold quickly comes into sharp focus.
There are several causes of brain damage at birth, however, the most obvious one in relation to a claim for compensation is, oxygen starvation. There are a number of metabolic conditions that can cause brain damage. These are generally genetic in origin. Some of these conditions cannot be diagnosed in advance of the birth. Even those that can be diagnosed before birth often have no effective treatment other than a termination of the pregnancy.
In cases where oxygen starvation occurs early on and not during delivery, then there is no claim to answer as in such cases the medical staff could not have done anything to prevent the damage.
Generally, it is only oxygen starvation during delivery that may give rise to a claim for compensation.
While the baby can usually withstand some periods without adequate oxygen during delivery, if it continues for too long the baby will start to suffer brain damage. If oxygen starvation carries on for longer still, the baby will die.
To claim for compensation for brain damage at birth, it must be established that the damage to the brain was caused by something that could be foreseen, predicted or observed AND that something could have been done that would have prevented the brain damage occurring.
If claiming compensation in regard to oxygen starvation, it must be established that the brain damage was:
- Caused by oxygen starvation
- Occurred while the mother was under medical supervision
- That the baby’s distress/oxygen starvation should have been known or was observable to the medical professionals
- That something could have been done in time to prevent the damage occurring
- That nothing was done to prevent the damage
The first step in the claim investigation is to establish the precise nature of the baby’s condition. With this information, the cause of the condition and the timing of which it was suffered will be identifiable. Should this indicate a failure on behalf of the medical or delivery team to take action, this failure can be identified.
Understanding that this is undoubtedly an emotional time, our team of legal professionals offer a proactive approach to each case, working diligently on your behalf to get the best possible result for you and your child.
To find out more and to discuss your specific requirements, contact us.
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