How To Prove A Broken Bone Birth Injury Claim

This guide will discuss when a medical negligence claim could be made if you or your baby suffered a broken bone birth injury due to a medical professional breaching the duty of care they owed you.

broken bone birth injury

How To Prove A Broken Bone Birth Injury Claim

Throughout this guide, we will explore the eligibility requirements that must be met to make a medical negligence claim, as well as the time limits you must adhere to when seeking compensation.

Additionally, we will explore the ways in which compensation is valued as well as how much you could potentially receive following a successful claim.

Furthermore, we will explore some of the benefits of being represented by a No Win No Fee solicitor from our panel, including the services they can offer. For example, they could help you collect evidence and build a strong case.

If you have any questions you would like answered, please do not hesitate to get in touch with our advisors. They are on call around the clock to offer you free advice. To get in touch:

  • Call us on 020 3870 4868
  • Enquire about your claim online via our website
  • Use our live chat feature at the bottom of the screen

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How To Prove A Broken Bone Birth Injury Claim

When making a medical negligence claim for a broken bone birth injury, you will need to demonstrate the following:

  • A medical professional, such as a nurse or doctor, owed you a duty of care.
  • This duty of care was breached.
  • As a result, you were caused unnecessary or avoidable harm.

Together, these three points form the basis of medical negligence, for which you could seek compensation.

Medical professionals must provide you with a minimum standard of care when treating you as their patient. This is the duty of care they owe. A breach of this could involve a nurse using forceps incorrectly, which could lead to you experiencing a pelvic fracture. Alternatively, a substandard level of care could be provided if excessive force is used unnecessarily causing the baby to sustain a broken or dislocated shoulder.

However, it is important to note that there may be instances where the correct level of care was provided, but a broken bone injury still occurred. For example, in certain circumstances, the baby’s position might mean that a broken bone is unavoidable in order to birth them safely. In this instance, you might not be eligible for compensation.

It is also important to note that if you and your baby both suffered an injury, then two separate claims can be made.

For more information on instances that could be classed as medical negligence in the UK, or to discuss your potential claim, contact our advisors.

What Evidence Is Needed For A Claim For Birth Injuries?

As previously touched on, in order to make a medical negligence claim for a broken birth injury, you need to prove that you or your baby suffered avoidable harm because a medical professional breached their duty of care. Acquiring evidence is a good way of proving medical negligence occurred which can be done in the following ways:

  • Requesting a copy of any medical records stating the injury suffered and the treatment needed for it.
  • Acquiring a copy of scans, such as X-rays showing the broken bone.
  • Keeping a diary of your mental and physical state.

Additionally, findings from the Bolam test could be used to support your claim and prove that medical negligence occurred. This is when a panel of medical professionals trained in a relevant field assesses whether the level of care you received met the correct standard.

If you are struggling to gather evidence, a solicitor from our panel could assist you with this process, provided you have a valid claim. Please get in touch with an advisor from our team to see whether you are eligible to work with one of them.

Time Limits For Medical Negligence Claims

If you are looking to seek compensation for a broken bone birth injury caused by medical negligence, you must start this process within the 3-year time limitation stated in the Limitation Act 1980. This time limit could start from the date that medical negligence occurred or the date you learned of medical negligence occurring.

There are some scenarios in which exceptions could be made to the time limit. For example, in child claims, the time limit is paused until the child’s 18th birthday. However, prior to this, a person could be appointed by the court as a litigation friend to make a claim on their behalf. If a claim has not been made by their 18th birthday, they will have three years to start one from this date themselves.

To learn more about the time limits and other exceptions that could apply, please get in touch with an advisor by calling the number above.

Examples Of Payouts For A Broken Bone Birth Injury 

If your claim for a broken bone birth injury is successful, you could be awarded compensation from two heads of claim. Firstly, general damages seek to compensate for any pain and suffering that has been experienced due to medical negligence.

In the following table, we have included a list of guideline compensation brackets. The figures have been taken from the Judicial College Guidelines (JCG), 16th edition. This document can be used by legal professionals when valuing the general damages portion of settlements.

However, compensation is awarded on a case-by-case basis so you should only use this table as a guide.

Compensation Brackets

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Body Part Compensation Bracket Details
Severe Pelvis and Hip (i) £78,400 to £130,930 An extensive fracture of the pelvis that involves the dislocation of the lower back joint and a ruptured bladder.
Moderate Pelvis and Hip (i) £26,590 to £39,170 Pelvis or hip injury of a significant nature but any permanent disability is not major and any future risk is not great.
Arm Injuries Resulting In A Permanent And Substantial Disability £39,170 to £59,860 A serious fracture in one or both forearms that results in permanent functional or cosmetic disability.
Severe Shoulder £19,200 to £48,030 Usually associated with a neck injury that involves damage to the brachial plexus and results in a disability of a significant nature.
Serious Shoulder £12,770 to £19,200 The dislocation of the shoulder as well as harm to the lower part of the brachial plexus.

Could I Receive Special Damages As Part Of My Payout?

Furthermore, special damages could be included as part of your overall settlement. This aims to compensate you for any financial losses you suffered due to medical negligence. This could include :

  • Loss of earnings.
  • Care costs.
  • Medical expenses.
  • The cost of home renovations.
  • Travel costs.

You will need to provide evidence of these losses, such as bank statements, wage slips, or receipts.

To find out whether you could be eligible for medical negligence compensation and how much you could be awarded if your claim succeeds, please get in touch with an advisor from our team.

Who Can Make A No Win No Fee Childbirth Injury Claim?

If you have suffered a broken bone birth injury due to receiving the incorrect standard of care from a medical professional, a solicitor from our panel may be able to help you, provided you have a valid claim. Additionally, they may offer you a Conditional Fee Agreement (CFA) which is a type of No Win No Fee agreement.

When claiming with a solicitor under this arrangement,  you don’t have to pay for your solicitor’s services if your claim fails.

If your claim has a successful outcome, a success fee will be deducted and paid to your solicitor. This is taken from your compensation, however, the amount they are able to retrieve is capped by the law. Also, the fee will usually be agreed upon before you enter into a CFA.

If you would like to see whether you could be eligible to work with a No Win No Fee solicitor on our panel, please get in touch with an advisor from our team.

Contact Us

Our advisors are available to provide you with a free consultation at a time that is best suited to you. They can help you answer any questions you may have regarding your potential broken bone birth injury claim. Moreover, they could connect you with a No Win No Fee solicitor from our panel if they find you have a valid claim.

To get in touch:

  • Call us on 020 3870 4868
  • Enquire about your claim online via our website
  • Use our live chat feature at the bottom of the screen

Read More About Medical Negligence Claims For Birth Injuries

Here are additional guides of ours about medical negligence claims:

We have also provided you with further reading that may be beneficial to you:

Contact our advisors today to see whether a medical negligence claim could be made if you or your baby suffered a broken bone birth injury because a medical professional provided a substandard level of care.

Writer KC

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