Our guide details the how the payouts for a broken bone birth injury claim are calculated. We explain the compensation guidelines solicitors use to help them value the injuries in your claim and how damages are divided.
Moreover, we explore the eligibility criteria you should be able to meet to make a claim for medical negligence, and we also highlight what the time limitations are. Additionally, our guide looks into different types of bone injuries and what evidence will be useful when proving liability.
To conclude the guide, we outline what to expect if you choose to work with a No Win No Fee solicitor and detail how these agreements tend to operate. We explain how the result of your birth injury compensation claim can dictate whether a solicitor is paid for their services.
Please continue reading our guide for advice on how broken bone birth injury payouts are calculated. Alternatively, you can contact an advisor from our team to receive further guidance about the claims process.
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Choose A Section
- Examples Of Broken Bone Birth Injury Payouts
- Who Could Be Eligible To Claim A Broken Bone Birth Injury Payout?
- How Do I Prove Medical Negligence Caused The Birth Injury?
- Types Of Bone Injuries During Childbirth
- Get Advice On Broken Bone Birth Injury Claims
- Find Out More About Childbirth Injury Claims
Firstly, compensation for your broken bone birth injury will be split into two kinds. The first kind is general damages, which cover the pain and suffering you have experienced due to negligence.
When valuing the harm you suffered, legal professionals may consult the Judicial College Guidelines JCG to assist them. These outline compensation brackets for different kinds of injuries.
Moreover, you can see examples of compensation brackets taken from the JCG in the table below though these should only be viewed as a guide as they are not guaranteed representations of what you will receive for your injury.
|Pelvis and Hips||Severe (a) (i)||Extensive fractures also involving a dislocation of the low back joint combined with a ruptured bladder.||£78,400 to £130,930|
|Pelvis and Hips||Severe (a) (iii)||A fracture of the acetabulum resulting in degenerative changes.||£39,170 to £52,500|
|Pelvis And Hips||Moderate (b) (i)||Significant hip or pelvis injury that is permanent but not major.||£26,590 to £39,170|
|Shoulder||Severe (a)||Involves damage to the brachial plexus resulting in significant disability.||£19,200 to £48,030|
|Shoulder||Fracture of Clavicle (e)||The extent of the fracture, level of disability, and permanence of the injury will influence the level of the award.||£5,150 to £12,240|
|Arm||Simple (d)||Fractures of the forearm.||£6,610 to £19,200|
Special Damages Which You Could Claim
In addition to general damages, you may be eligible to claim for special damages. These cover the monetary expenses you have suffered after the harm. These damages reimburse you with the purpose of restoring you to the place you were financially before the injury.
Examples of these losses include a reduction in your earnings, costs of professional care required, and any costs related to home adjustments you have had to make. To support your claim, evidence will be beneficial.
This can consist of payslips, invoices, and bank statements to show your incurred costs.
Please speak with an advisor for more information on claiming for special damages after your broken bone birth injury.
Before you make a claim, you will be expected to meet the eligibility criteria. Medical professionals are required to deliver a standard of care that is correct. If they fail to do this and this causes you unnecessary harm, you may be eligible to claim for medical negligence.
It will be useful to illustrate that:
- You were owed a duty of care by the medical professional.
- The medical professional deviated from professional standards, therefore, breaching the duty of care they owe you, their patient
- This breach led to the harm you suffered.
If you can demonstrate the above, you could make a claim. The breach of duty must have resulted in avoidable harm for you to make a claim. If there was a breach, but no harm occurred, there are no grounds to make a claim for medical negligence.
Does The Same Limitation Period Always Apply?
The same limitation period will not always apply to certain circumstances. The Limitation Act 1980 details that, generally, you will have three years from the harm or from the date you gained knowledge of the negligence to start a claim.
If a person was under eighteen at the time of the harm, the time limit will be suspended. It will resume on their eighteenth birthday, giving them three years from this date to claim.
Similarly, if a person lacks the mental capacity to claim at the time of the harm, the time limit will not apply. It will restart if the person becomes mentally capable to make a claim and they will have three years from this event.
These instances will apply if a litigation friend has not already made a claim on behalf of the individuals. These are usually trusted adults who have a connection to the person and know their best interests. A person cannot make a claim for their harm if someone else has already claimed for them.
Proving that medical negligence caused a broken bone birth injury will be advantageous to your claim. This can be shown through:
- Doctor reports.
- In-depth reports from an independent medical appointment.
- Treatment plan.
- Statement of diagnosis.
The Bolam test is another piece of evidence that could help to prove medical negligence in a compensation claim. This test consists of other trained medical professionals assessing the care you received. This could support your claim if they agree that the correct care was not delivered.
Numerous bone injuries could be sustained during childbirth, whether to the mother or the baby. It is important to be aware that not all injuries can give grounds to claim for medical negligence.
Occasionally, harm may be necessary. For example, if a baby is stuck during birth, their shoulder may need to be broken or dislocated by a medical professional to complete a safe delivery.
Examples of bone injuries that could occur include:
- Broken pelvic bone – due to the incorrect use of forceps
- Dislocated shoulder or broken clavicle – when delivering a large baby.
- Broken leg – breach birth where the leg gets stuck
If you require further guidance on claiming for a broken bone birth injury, please don’t hesitate to contact us.
Lastly, a solicitor may propose working on a No Win No Fee basis and offer you a Conditional Fee Agreement. These agreements usually mean that if your claim is unsuccessful, there will be no obligation to pay any fees to your solicitor for their services.
Alternatively, your solicitor will likely take a fee if your claim is successful. These are success fees which are a deduction from your compensation.
The Conditional Fee Agreements Order 2013 legally restricts the percentage they are allowed to deduct. The amount is likely to be discussed with you before you enter into the arrangement.
Please contact one of our advisors for further information about No Win No Fee agreements. Our team have access to solicitors from our panel who can provide further guidance on your medical negligence claim.
Speak To Our Advisors
To conclude, if you want to know more about making a claim for a broken bone birth injury, don’t hesitate to contact us. You can speak with an advisor and have a free consultation about your claim-related queries.
To get in contact, please refer to the contact methods listed:
- Call us on 0161 696 9685
- Contact us by filling out our form and submitting your details
- Receive support through our chat feature
Thank you for reading our guide on examples of broken bone birth injury payouts. If you found our guide helpful, you can read more of our information linked below:
- Time Limit On Medical Negligence Claims Against The NHS
- Compensation For A Fractured Pelvis Guide
- Compensation Payout For A Dislocated Shoulder
For external information, please visit the resources linked: