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Peter Jackson

- 25 Jun 2024
  • Birth Injury

  • Medical Negligence

  • Personal Injury

Why damages in medical negligence cases are about more than pain and suffering

When medical negligence is the cause of birth injuries, we are not solely concerned with seeking damages in terms of the pain and suffering endured, but also for expenses that will minimise the impact of avoidable injuries on a person’s life in the future.

Even when the injured person is still a young child, any claim for damages needs to look as far ahead as possible so that their needs are being met not just now but also into adulthood.

We are acting on behalf of an 8 year old boy who suffered shoulder dystocia during his birth, resulting in a brachial plexus nerve injury. He has movement and strength restrictions, and is at risk of internal rotation deformity of his left shoulder.

Our claim is that the injury was sustained due to substandard care throughout his delivery, including not having enough medical staff available in the delivery room, failing to call an emergency team when shoulder dystocia was first diagnosed, and then only doing so when internal manoeuvres were required.

The boy’s mother was also not offered a Caesarean section, which would have prevented the injuries suffered.

In cases where birth injuries could have been prevented with reasonable care, the injured person is entitled to be compensated not only for the injury, but also for the impact it will ultimately have on their capacity to live an independent life.

In addition, as our client is still a young boy and some way off becoming an adult, as well as seeking damages with regard to his future care and medical treatments, the settlement also needs to take into account that he will likely be restricted in his earning capacity in the future, and to cover his likely wage losses as he competes with unrestricted workers on the open labour market.

At DBH, we have long been committed to fighting for people who have suffered birth or other injuries as a result of medical negligence.

We will act on a no win. no fee basis in medical injury cases, so that as many people as possible are able to access the legal support they require in order to seek justice and compensation.