Compensation for Umbilical Cord Strangulation of Baby during Birth

Who is liable for my compensation for umbilical cord strangulation of baby during birth, as my son suffered brain damage following a difficult birth?

You could be able to pursue compensation for umbilical cord strangulation of baby during birth if the accident occurred as a result of the medical negligence of a third party. When going through the procedure of childbirth, both you and your child are entitled to the best possible healthcare possible and you should not expect your son to suffer an injury from umbilical cord strangulation during birth. Unfortunately accidents happen on occasion and it is possible that your son could sustain an injury on account of an umbilical cord strangulation accident during birth. However – whether you are entitled to make a claim for umbilical cord strangulation of baby during birth will depend upon if your accident occurred due to negligence, which can be discussed with a solicitor following the accident and injury.

It is possible that compensation for umbilical cord strangulation of baby during birth will be sought against the hospital if it is determined that the medical team could have – but did not – take measures to avoid an accident. This could be the situation if – for example – the umbilical cord strangulation accident during birth could have been averted with an emergency C-section procedure, but this procedure was not performed. It is also possible that your child’s injury from umbilical cord strangulation during birth was caused by insufficient training or a lack of appropriate equipment. In these situations a claim for umbilical cord strangulation of baby during birth can be made against the insurance policy of the hospital at which you have given birth.

However you may not be entitled to claim compensation for umbilical cord strangulation of baby during birth if it is determined that measures could not have been taken to avoid an accident occurring. This could be the situation if a C-section was not recommended as it was determined that it could have worsened your child’s injury from umbilical cord strangulation during birth. If it can be established by a medical expert that a competent medical professional would have performed the same actions, a claim for umbilical cord strangulation of baby during birth may not be possible. In this situation an umbilical cord strangulation accident during birth may be deemed to be the result of an unfortunate accident rather than because of negligence.

Liability can sometimes be difficult to determine for an injury from umbilical cord strangulation during birth and for this reason a personal injury solicitor should always be contacted regarding a claim to compensation. For a claim for umbilical cord strangulation of baby during birth to be successful, the testimony of a medical expert will be required to verify that medical negligence has taken place. Your solicitor can also advise you on the compensation you can claim for your umbilical cord strangulation accident during birth and whether the claim is worth pursuing further. For this reason you are advised to pursue the advice of a personal injury solicitor at the earliest opportunity regarding compensation for umbilical cord strangulation of baby during birth.