Birth Defect Claims

Most pregnancies and births go smoothly but finding out your child has a birth defect can come as a shock. You may be able to make a compensation claim.

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What is a birth defect?

Birth defects are medical abnormalities that develop within the womb. A child born with a birth defect often has problems with specific organs or it can affect the way their body functions.

There are various types of birth defects that can occur. These include:

  • Genetic

Genetic birth defects usually include conditions passed down to the child from either parent, such as cystic fibrosis.

  • Metabolic

If a child is born with a defect affecting their body’s chemistry, this is known as a metabolic birth defect. This can include a child’s inability to break down food and gain nutrition.

  • Structural

This is when a baby is born with body parts missing. This often includes defects to the heart, spina bifida (a spine that isn’t fully developed), and congenital hip dislocation (an unstable hip).

You could be able to make a claim for compensation if your baby’s birth defect was not diagnosed by your healthcare provider.

We could also help you make a claim if the birth defect was caused by a mistake by a doctor or midwife during your baby’s delivery.

How are birth defects diagnosed?

Due to medical advancements, healthcare providers can now carry out pre-natal tests to find out if your child has a birth defect.

These tests can often diagnose an infection in the mother and find out if the child is developing properly inside the womb.

Screenings for conditions such as spina bifida, Down’s syndrome, cleft palates, and defects of the limbs can help your doctor or midwife plan how they can help you.

If a medical professional neglects to carry out the tests and the child is born with a defect of any kind, then this could be medical negligence. You could then begin a compensation claim against the care provider.

Why make a medical negligence claim?

If you think this may have happened to your child, then you can hold the care provider responsible.

An inability to diagnose a defect or deliver a child properly could be negligence.

As a result of the negligence, it can cause a lot of stress and trauma for you and your child.

By making a claim, it can shine a light on your issue and make sure others are aware of what has happened.

It can also help to identify an issue of medical negligence within the overall care provider, which can then help them fix what went wrong.

This can then help prevent another case of negligence from happening to other families.

How can First4Lawyers help?

When you call us at First4Lawyers, you’ll first speak to one of our compassionate advisors. If they believe you have a claim, they will match you to one of our specialist solicitors.

Your specialist solicitor will then start the hard work and begin gathering evidence for you on your behalf.

How will I pay for my claim?

We offer a No Win No Fee service, which means you don’t have to worry about the financial cost of getting legal help. That’s because you won’t have to pay anything if your claim is unsuccessful.

Your solicitor will only take payment if your claim is successful, and you are awarded compensation. This will happen at the end of the claim, so there's nothing to pay upfront.

This means there is no risk involved in making a claim.

Only pay a fee if you receive compensation

Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents and housing disrepair. Changing laws mean our solicitors will now take a payment of 35% of the final compensation amount plus VAT for all road traffic accident and housing disrepair claims.

First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.

How much compensation will I receive?

How much compensation you are awarded depends on how severe your child’s birth defect is and how much it affects their quality of life.

For example, very severe brain damage could see up to £403,990 awarded.

We understand that money doesn’t take away the emotional trauma of medical negligence, but it can go some way to paying for any extra support or equipment your child may need because of their birth defect.

For an estimated figure based on your individual situation, try our compensation calculator.

We also recommend you get in touch with us at First4Lawyers to discuss your claim.

Is there a time limit for making a claim?

You usually have three years to begin your birth defect claim. This is from the date you found out your child had a birth defect.

We recommend beginning your claim as soon as you can, so that all the information and evidence regarding your claim are fresh in your mind and easy to locate.

We recommend giving us a call and we can give you specific advice on whether you are able to make a claim.

I think I have a claim - what do I do next?

If you think you have a claim, then simply give us a call at First4Lawyers.

You will have a free consultation with our expert advisors. Our specialist advisors will ask you about what happened and then let you know if we can help you.

If they believe you have a claim, they will put you in contact with one of our medical negligence specialists.

There is no pressure on you at any time, so you can request a call back or start your claim online.

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