Birth defects caused by medical negligence

If your baby suffered a birth defect caused by medical negligence, you could be eligible to make a birth defect compensation claim.

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Birth Defect Claims

In most cases, birth defects are diagnosed in good time, and treatment can begin right away. However, in some instances, diagnosis is delayed, which can lead to further complications or worsening conditions. If you can prove that a birth defect was caused or made worse by the action or neglect of a medical professional, you may be eligible to start a birth defect compensation claim.

The injury solicitors we work with have helped numerous people claim the compensation that is rightfully owed to them for birth defects caused by negligence. They always aim to secure the highest settlement awards possible for the pain, suffering and financial expenses they have incurred as a result.

If you would like to discuss your case and find out if you have a valid birth defect claim, you can contact us by calling 0800 470 0474 or clicking here to request a call back.

Find out if you can claim

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Table of Contents

What is a birth defect?

Most pregnancies are carried to term without serious complications. Unfortunately, there are some rare cases where a baby might suffer from abnormalities that can have a long-lasting impact on them and their families. In these instances, a baby is said to have been born with a birth defect.

There are two main types of birth defects, and they are:

Structural Defects. These involve defects in the structure or formation of organs, tissues, or body parts and can affect physical appearance or function. Structural birth defects usually develop in the earliest weeks of pregnancy, and examples include common issues such as cleft lip or palate and heart defects. A structural defect can also cause limb abnormalities such as congenital hip dysplasia or club foot and developmental problems with the brain or spinal cord (such as spina bifida).

Functional Defects. Functional birth defects relate to issues with specific systems that run in the body and include:

Nervous system or brain problems such as mental health, behavioural issues, learning difficulties and mobility problems. Conditions that might fall into this category include autism, Fragile X syndrome and Down syndrome.
Sensory problems such as blindness, hearing loss and vision impairments.
Degenerative complaints. These problems may not be apparent from birth but can lead to ongoing health deterioration. They include conditions such as muscular dystrophy and Rett syndrome.
Metabolic disorders are due to the body’s inability to break down certain substances in food, leading to a build-up of harmful toxins. Examples include phenylketonuria and dysfunction of endocrine glands.

Birth defects can have a severe impact on the child’s ability to develop normally, live independently and engage in activities enjoyed by other children. The defect can also have substantial implications for the family as well. The child may need additional care and developmental work, and it may not be possible for the parent to return to work so they can cater to the child’s needs. Birth defect lawyers are therefore committed to achieving the highest levels of compensation they can for victims of medical negligence.

What causes a birth defect?

There are many potential causes of birth defects. When it can be demonstrated that the actions or negligence of another person caused the illnesses or birth injuries sustained, you may be eligible to claim birth defect compensation. Some of the most common causes of birth defects that solicitors could help with include:

Environmental issues such as a pregnant woman being exposed to harmful substances, such as toxins or pollutants
Failure to diagnose or recognise potential risks to a mother or baby, such as maternal diabetes or infections
Medical negligence during delivery, such as not recognising the need for an emergency cesarian section when a birth is suffering from complications
Exposure to specific medication or drugs during pregnancy
Failure to identify genetic or chromosomal problems, such as missing part of a gene or having an extra chromosome

How are birth defects diagnosed?

There are various tests your doctor can carry out to diagnose potential birth defects during pregnancy. These should be offered to the mother between the 15th and 20th week of pregnancy and include the following:

Ultrasound scans can help detect structural abnormalities, growth delays and signs of foetal distress;
Maternal blood tests can provide information about the risk of certain genetic conditions or infections that can affect the baby;
An amniocentesis helps check if the baby has a genetic or chromosomal condition like Down syndrome or Patau’s syndrome;
A foetal MRI may be used in some instances for additional information about structural or developmental abnormalities;
Foetal echocardiography uses ultrasound to detect any congenital heart defects.

If your doctor has failed to carry out these tests and your child is born with a defect, this could be considered medical negligence, and you may be entitled to compensation.

What type of birth defects can be caused by medical negligence?

Birth defects can be the result of negligent medical treatment or failure to provide adequate care and management of pregnancy and labour. These include, but are not limited to:

Failure to diagnose maternal diabetes can lead to conditions such as heart defects, spina bifida and club foot. In the most severe cases, it can be fatal to the unborn child and have a profound impact on the health and well-being of the mother.
Cerebral palsy can occur during pregnancy or birth and refers to a host of problems with movement, balance, and posture. This could be due to a doctor failing to recognise complications during labour, such as maternal infections and problems with the umbilical cord.
Failure to diagnose pre-eclampsia can lead to growth defects and, if left unaddressed, can be fatal. This is a severe condition characterised by high blood pressure and other symptoms like damage to the kidneys and liver. Symptoms of pre-eclampsia are not always obvious, so close examinations must be carried out regularly to spot signs and provide treatment as swiftly as possible.
Erb’s palsy and other Brachial Plexus injuries are conditions which can be due to birth errors and negligent delivery of babies.
Misusing the forceps during delivery can cause damage to the baby’s facial nerves, resulting in palsy, which leaves the child with a droop on one side of their mouth.

In these instances, the likely cause of the injury or illness is the action or inaction of a responsible person. If this can be proven, you will be able to make a birth defect compensation claim.

Am I eligible to make a birth defect compensation claim?

The easiest way to find out if you can claim birth defect compensation is through a free consultation with a legal adviser. They will look into your case and consult with medicolegal experts to prove the following:

A duty of care. All healthcare providers, including obstetricians and midwives, must provide care that meets the accepted standard of practice in their field. They must take reasonable steps to ensure the safety and well-being of both the mother and the baby during pregnancy, labour and delivery.
Breach of duty. A breach of duty occurs when a medical professional fails to uphold the standard of care expected of them. This may involve errors or omissions in medical treatment, failure to recognise and respond to signs of foetal distress or maternal complications, or negligent actions during labour and delivery.
Causation. This involves establishing a link between the breach of duty and the birth defect suffered by your child. You will not have a valid case if the negligence didn’t cause or contribute to the injury.
Damages. Damages refer to the injuries, losses, and expenses incurred as a result of the birth defect. These could be medical bills, future care needs, pain and suffering, emotional distress, lost wages or earning capacity.

If these can be proven in your case, your solicitor will offer you the support you need to make a successful birth defect claim on a no win no fee* basis.

What evidence do I need to make a birth defect claim?

If your child was born with a defect due to medical negligence, your personal injury solicitor will help you gather everything you need to claim compensation, which could include:

Comprehensive medical records detailing the care provided to the mother and baby during pregnancy, labour and delivery;
Evidence of prenatal testing, ultrasound images, foetal monitoring data, genetic tests and medical interventions during labour and delivery;
Testimony from experts such as obstetricians, neonatologists, geneticists, midwives and other medical specialists regarding the standard of care you received;
Statements from friends and family who supported you during pregnancy and delivery and witnessed the care you received from your doctors;
Photographs or videos documenting the physical manifestations of the birth defect can help illustrate the severity and impact of the injury on the child and their family;
Evidence of all financial expenses, such as medical bills, loss of earnings, care costs or medical aids, can help quantify the economic damages incurred.

How do I claim compensation on behalf of my child?

If your child is born with a birth defect due to someone else’s negligence, a solicitor can help you make a birth defect claim on their behalf. The first step is applying to the court to be appointed as their litigation friend. If the court believes you can conduct legal proceedings competently, they will allow you to seek compensation for your child.

The claims process is similar to any other personal injury claim. You will help your solicitor gather evidence, sign legal documents, make decisions about the case and consider any compensation offers you receive from the other side. If you settle the case, you must go to an Infant Approval Hearing in court, where a judge will determine whether the settlement is fair and covers all the child’s needs.

The money awarded is typically kept in a personal injury trust or court bank account and released to the child on their 18th birthday. However, you can ask for early access to the funds if you have financial needs, such as medical expenses or costs of education.

What is the time limit to make a birth defect negligence claim?

Under the Limitation Act 1980, you generally have three years to start a personal injury claim. However, this time limit does not apply to child injury claims.

You have until your child’s 18th birthday to start a birth defect compensation claim on their behalf. Afterwards, your child will have three years (until their 21st birthday) to make a compensation claim themselves. However, this time limit still won’t apply if your child is over 18 but lacks the mental capacity to start a claim under the Mental Capacity Act 2005.

Although you have plenty of time to start your claim, we advise you to begin as soon as possible. That will make it easier to collect the necessary evidence and get the compensation you deserve. Furthermore, if the other side admits liability early on, your solicitor may be able to secure interim payments on your behalf to help with your financial situation.

How much compensation will be awarded for a birth defect?

The amount of compensation you could be awarded following a birth defect claim will depend on the severity of the condition and the impact that this has on the child and your family.

Your medical negligence solicitor will have a wealth of experience in this field. They will seek to ensure that those responsible for the defect are held accountable and that you receive the maximum level of compensation you deserve. They will consider factors such as pain and suffering, ongoing treatment needs, care costs and lost wages if you had to stay home and care for your child.

Your solicitor will offer you a free initial consultation where they will answer any questions that you may have about the claims process. During the consultation, they will also give you an estimate of the likely compensation amount that you could be awarded.

Can I claim with the help of a No Win No Fee solicitor?

If you have a valid medical negligence claim, a birth defect lawyer will be happy to take on your case on a no win no fee basis. They will not ask for any upfront payments and will only receive a success fee if you get the compensation you deserve. Their success fee is capped at 25% of your settlement, which will be fully discussed and agreed to from the beginning.

As part of your agreement, your solicitor will also take out After the Event insurance on your behalf, which will cover all your costs and disbursements if you lose the case. That includes court fees, medical reports, expert witness fees, travel expenses and the defendant’s costs. With this service, you will never be left out of pocket if you lose the birth defect negligence claim.

If you would like to arrange a free consultation, please call us on 0800 470 0474 or enter your details into our contact form. An experienced and fully trained legal adviser will contact you as soon as possible to discuss your claim and let you know how we can help.