Birth Injury Claims

Birth Injury Claims
A birth injury is defined as harm suffered by the baby during pregnancy, delivery, or upon birth.
Birth injuries vary in severity from minor injury – such as cuts and bruises – to death.

Brain injuries are among the most common birth injuries. These often result from oxygen deficiency during pregnancy or delivery, and are a common cause of cognitive impairment. Typically, the longer the length of oxygen deprivation, the more severe the damage to the baby's brain. Hypoxic injury, which is a partial loss of oxygen, and anoxic injury, which is a total loss of oxygen, can both result in permanent brain damage. Other common birth injuries include:
bone fractures
Cerebral palsy
Erb’s Palsy/Brachial Plexus Palsy
spinal injury

facial paralysis
cervical dystonia
cuts, bruises, abrasions and haemorrhages

These birth injuries can all be the result of natural causes, however, if the injury was avoidable, or is the result of negligence on the part of medical practitioners, you can claim compensation for medical negligence, suffering and grief, and medical expenses incurred as a result of the injury.

Common forms of negligence on the part of a medical practitioner include:
Failure to observe and monitor fetal and/or maternal distress
Failure to diagnose medical issues, or failure to provide the correct diagnosis
The use of incorrect methods when delivering the baby, including the use of excessive force
Failure to perform an emergency C-section when needed
Not taking the necessary steps to prevent pre-term labour
Failure to treat maternal infections and other medical conditions that can affect the baby's well- being

Has your baby suffered injury or harm at the hands of a doctor or hospital?
If your baby has suffered a birth injury as a result of negligence by a medical practitioner, it is important to seek legal assistance as soon as possible in order to make a claim against the healthcare provider.

In South Africa, a judge decides whether the medical practitioner is liable for the injury or not, and what compensation you are entitled to. If you think that you have a claim, a DSC attorney with experience in birth injury claims can help you build a strong case to ensure that you receive compensation for your baby's injury. If you cannot afford legal representation, DSC Attorney's “no win, no fee” policy will allow you to file a claim without paying any legal fees upfront.