Birth defects

Giving birth should be a joyful experience for everyone involved. However things do not always go according to plan.

A birth defect can be defined as any abnormality in anatomy, or function of body parts, that is present at birth. These can be detected during birth or at some time thereafter.

Birth defects can be devastating for both mother and child. Therefore if you sustain an injury of this nature, you may be able to make a birth defect compensation claim.

If you are thinking of making a birth defect compensation claim, then there are a variety of factors that need to be considered.

In order to succeed in a birth defect compensation claim, it needs to be proved that the hospital have acted negligently, by not detecting the defect. For example if a scan was misinterpreted or there was a fault with the medical equipment, they may have acted negligently.

If this is the case, then it is advisable that you seek expert advice from someone with experience in dealing with medical negligence compensation claims.

These types of cases are dealt with on the basis that had the parents known about the defect in question, then they may have sought a termination, rather than give birth to a child with a physical or mental disability.

These types of medical negligence compensation claims are known as wrongful birth cases.

Types of birth injury

There are a number of birth defects that can occur including:

Cerebral Palsy is a neurological condition that can occur before, during or shortly after childbirth.

The primary characteristic of cerebral palsy is a lack of muscle control or impaired movement.

For more information on making a cerebral palsy compensation claim, visit our cerebral palsy information page.

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Congenital hip dysplasia is an abnormal formation of the hip joint in which the ball at the top of the thighbone is not stable in the socket.

In addition to this, the ligaments of the hip joint may be loose and stretched. The degree of instability or looseness varies from child to child.

For more information on how to make a compensation claim for congenital hip dysplasia, visit our congenital hip dysplasia information page

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This is an injury that affects the nerves in the neck of the baby. This type of injury can arise from a failure to properly assess whether or not the baby can be delivered vaginally.

The injury is caused as the baby's shoulders get stuck and there is damage to the brachial plexus. This means that the nerves that control the movement of the arm are damaged.

Because of the injury to the nerves, the muscles in the arm and hand do not receive instructions from the brain to move. This in turn can lead to the wasting of the muscles.

In many instances, the brachial plexus injuries occur in larger babies. Therefore it is important that an assessment is carried out, in order to minimise the risk of this type of injury, prior to the birth.

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Gestational diabetes is a form of diabetes which develops specifically during pregnancy. The condition occurs because the mother's body cannot produce enough insulin, leading to increased levels of blood glucose.

The condition is usually developed in the second half of pregnancy and disappears after the birth of the child.

Gestational diabetes can have a number of effects on the baby. The condition can cause:

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Pre Eclampsia is a condition that is generally developed after the twenty week stage of pregnancy.

The condition is characterised by high blood pressure, as well as swelling of the mother's face and hands, and can also affect the kidneys, liver and placenta.

If the placenta is affected, then the blood flow to the baby can be affected. This in turn can lead to reduced growth, also known as intra-uterine growth restriction. In some cases of pre eclampsia, the baby is at such a risk that it needs to be delivered immediately.

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This is a condition in which the placenta separates from the wall of the uterus before the child is born.

As the placenta is the baby's only source of nourishment, then this condition can have serious implications for both mother and child.

If the separation is small then it is sometimes possible for the pregnancy to continue with regular check ups.

If the separation of the placenta is more severe, then the baby may need to be induced immediately.

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Medical negligence experts

Clear Answers lawyers, Thompsons Solicitors, are experts in all types of medical negligence compensation claims. Our solicitors will be able to advise you as to whether or not you have a valid compensation claim. Their specialist personal injury lawyers will be happy to talk you through the process in plain English, as well as answering any questions or queries you may have.

If you do have a valid medical negligence compensation claim, and you decide to instruct Clear Answers to deal with the matter for you, they will recover their legal fees from the person responsible for your injury.

Please visit our section on information and advice for more details on making a personal injury compensation claim.

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Compensation claim

Have you or a member of your family suffered as a result of medical negligence? For more information about our service or for advice about whether we can assist you with a medical negligence compensation claim contact us today on 0800 783 9019 or complete one of our online compensation claim forms. One of our representatives will contact you (without obligation) to discuss the matter further within 24 hours (48 hours at weekends).

Strict time limits apply for making a personal injury compensation claim, so please seek expert legal advice as soon as you think you may have a valid claim for compensation.

Win or lose, there is nothing to pay in order for us to pursue a valid personal injury accident compensation claim. There are some exceptions to this in Medical Negligence cases. Please go to our Costs and Risks section for more detailed information on these and how Clear Answers will handle your claim and funding.

Alternative funding arrangements may apply in Northern Ireland due to differing procedures and Law Society regulations.

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