If a baby has suffered during its birth as a result of medical negligence, how does the claim process work?
There are no more tragic cases undertaken by Brydens Lawyers than those prosecuted on behalf of a parent for a child that has suffered as a result of medical negligence either before or during the birth.
Prosecution of a “birth trauma” case follows the usual course. That is, in order to successfully prosecute such a claim it is necessary to establish negligence on the part of those who are involved and responsible. Such claims would require a determination that the treatment provided, or not provided, did not accord with “peer professional opinion” and that as a result, the child suffered injury loss or damage. In other words, there needs to be, ultimately to the court’s satisfaction, sufficient evidence available to establish a breach of duty of care on behalf of the health professionals involved in the birth of the child.
If the court is satisfied that there was negligence on the part of said healthcare professionals, the damages that are awarded to the child are invariably significant. Often “birth trauma” cases involve the most serious and catastrophic of injuries. The damages awarded by the court would reflect same.
In the event that the injury suffered by the child is of a kind that would prevent the child being able to manage their own affairs, then any damages awarded by the court would be invested with a trustee to manage the child’s finances during their lifetime. If, on the other hand, the injury suffered by the child was of a kind which did not impair the child’s ability to manage their own affairs, then the monies would be invested on the child’s behalf with a trustee until such time as the child attains their majority at 18 years of age.
As I have said above, “birth trauma” cases are the most tragic of all the personal injury claims prosecuted by Brydens Lawyers. Such claims require specialised legal advice and representation, the kind that Brydens Lawyers can provide. Brydens Lawyers has expertly prosecuted claims on behalf of children as a result of birth trauma for decades and successfully recovered proper compensation for the child. Should you or anyone that you know has any such concerns arising from the birth of a child contact Brydens Lawyers without delay. Strict time limits apply with respect to all claims. Brydens Lawyers – #WEDO medical negligence claims for children arising from any birth trauma. Contact Brydens Lawyers without delay on 1800 848 848 or visit us @brydens.com.au.