Compensation for Spinal Cord Injury to Baby during Birth

Is it possible to claim compensation for spinal cord injury to baby during birth, and who is liable for my child’s injury?

Provided that an avoidable accident occurred because of the negligent actions – or inactions – of a third party who owed you a duty of care, you may be able to claim compensation for spinal cord injury to baby during birth on behalf of your child. Going through childbirth is a delicate procedure and those tending to you should be highly trained and taking the utmost care, because of which you should not expect your child to sustain an injury to spinal cord to a baby during birth. A claim for spinal cord injury to baby during birth will then be possible if it is determined that your child’s injury was avoidable. However as with all medical negligence claims this may not be easy to determine and you are advised to seek legal advice regarding your child’s spinal cord accident to a baby during birth at the earliest available opportunity.

Your claim for compensation for spinal cord injury to baby during birth could be possible if it is considered that the negligent professional performance of a doctor or nurse resulted in an avoidable accident to your child. For instance, if your child sustained an injury to spinal cord to a baby during birth because of the incorrect equipment being used – or because a doctor or nurse was insufficiently trained – a claim for compensation could be possible. A claim for spinal cord injury to baby during birth could also be made if the doctor in question had taken a negligent decision which a competent doctor would not have pursued. For instance, if considered that a spinal cord accident to a baby during birth could have been averted through an emergency C-section but this was not performed, compensation may be sought through the insurance policy of the hospital in question.

However there are also circumstances in which compensation for spinal cord injury to baby during birth may not be possible. This could be the situation if – for instance – it is determined that the doctor was correct in his decisions and an injury to spinal cord to a baby during birth was unfortunate, but sadly inevitable. It is also possible that the mother failed to cooperate with doctors in ensuring an easier birth, which could make a claim for spinal cord injury to baby during birth much more difficult to pursue. This will be determined by a medical expert who will assess the spinal cord accident to a baby during birth and determine whether or not you are entitled to compensation because of third party negligence.

When making a claim for spinal cord injury to baby during birth, it is strongly advised that you first seek the advice of a personal injury solicitor before continuing. Your solicitor – with the assistance of a medical expert – will assess the injury to spinal cord to a baby during birth and determine whether it is worth pursuing further. This can include determining liability for the spinal cord accident to a baby during birth, calculating the compensation which can be claimed and examining the evidence which is available. The strength of your claim will determine whether you are entitled to compensation for spinal cord injury to baby during birth and for this reason you are advised to consult a personal injury solicitor at the earliest available opportunity.