Can I claim neo-natal death compensation for the death of my baby from hypoxia brain damage? The doctors said that the difficult birth resulted in oxygen starvation, but there was nothing they could do to save my baby.
Neo-natal death compensation can be claimed when the negligence of hospital staff caused a sequence of events that led to the death of a baby or when they failed to take necessary action during a difficult birth. Hypoxia brain damage is caused when the flow of oxygen to the brain is compromised, which is often due to the umbilical cord becoming entangled during a difficult birth.
Although every effort may have been made to ensure a quick delivery, and that any risk to your baby was minimised, it will still be possible to make a claim for neo-natal death compensation if it can be demonstrated that the attending doctor or obstetrician should have performed an emergency C-section – thus preventing hypoxia brain damage. If it can be demonstrated that the judgement of the attending obstetrician was unsound, this could be classified as medical negligence and a neo-natal death compensation claim will be possible.
Should there have been medical reasons why a C-section was not advisable or necessary, and a difficult birth was not expected, a neo-natal death compensation claim will depend on inattentiveness to problems during the birth, or for errors made when attempting to deliver your baby. If it can be proven ‘on the balance of probabilities’ that errors made during the birth process were the reason why your baby suffered hypoxia brain damage, you will be able to make a claim for neo-natal death compensation against the obstetrician or the hospital. In order to determine if your baby sustained fatal injuries due to medical negligence and whether the injuries could have been prevented, you should speak with a medical negligence solicitor for advice as soon as possible.
There are legal procedures which must be followed in order for a neo-natal death compensation claim to be successful, and they must be completed promptly after being discharged from hospital. An NHS complaint will need to be sent to the hospital, and the NHS given the opportunity to investigate an allegation of medical negligence and respond. A medical negligence solicitor will be the best person to help you with the procedures during a time of great distress for you and will advise you of all the steps that have to be taken in order to make a neo-natal death compensation claim in the UK, including the time you have for initiating a claim.