Spina bifida happens when your baby’s spinal cord and spine don’t develop the way they should while in the womb. If your child has spina bifida and has suffered harm as a result of medical negligence, then you may be wondering what your next steps should be.
In this guide, we’ll talk about when you could be eligible to make a spina bifida compensation claim on behalf of your child. We’ll also talk about how medical negligence can affect a child with spina bifida and the duty of care that you are your child are owed while receiving medical care.
Following this, we’ll talk about medical negligence compensation claims, including the types of compensation that you could receive. Finally, we’ll talk about No Win No Fee solicitors and how an expert could help you with your claim.
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Our team of friendly and sensitive advisors are here to help. If you’d like to find out if you could make a claim with the help of one of our specialist solicitors, contact us today by:
- Calling us on 0800 652 3087
- Using the live chat feature
- Contacting us online
Browse Our Guide
- What Is A Spina Bifida Compensation Claim?
- How Can Spina Bifida Be Affected By Medical Negligence?
- How Much Spina Bifida Compensation Could You Get From A Successful Claim?
- What Do I Need To Claim For Spina Bifida Negligence?
- Why Claim Spina Bifida Compensation On A No Win No Fee Basis?
- More Resources About Medical Negligence Claims
What Is A Spina Bifida Compensation Claim?
Spina bifida is a birth defect that affects the neural tube. This is a structure that starts to form during early pregnancy, and should close around 4 weeks after conception to eventually become your baby’s spinal cord and brain.
However, spina bifida occurs when part of this tube doesn’t close, causing birth defects in the spinal cord and vertebrae.
To make a claim for spina bifida in your child, you first need to establish that medical negligence occurred. This means that you need to prove:
- You and your child were owed a duty of care by a medical professional.
- This duty was breached.
- As a result, your child suffered avoidable harm.
When a medical professional treats you, they automatically owe you a duty of care. This means that they need to avoid causing unnecessary harm and make sure that the care they provide meets a minimum standard.
The steps each professional needs to take can vary greatly depending on their speciality; for example, a midwife will have different responsibilities than a pharmacist.
Can I Claim For Birth Injuries On My Child’s Behalf?
Yes, in most cases, you can claim for injuries on your child’s behalf. You can do this by applying to act as their litigation friend. As a litigation friend, it’s your responsibility to act in the child’s best interests.
Contact our team of advisors today to find out if you could claim spina bifida compensation as a litigation friend, or keep reading to learn more about medical negligence.
How Can Spina Bifida Be Caused By Medical Negligence?
The causes of spina bifida aren’t known yet, so proving that your child’s birth defects were caused by medical negligence can be hard. However, there are some ways in which medical negligence can affect the level of your child’s condition, including:
- Misdiagnosis. In some cases, spina bifida can be detected during a mid-pregnancy anomaly scan. These scans are offered to all pregnant women between 18-21 weeks. If your baby shows clear signs of spina bifida during this scan, but your doctor fails to spot these and tells you that your baby is healthy, this could be considered medical negligence.
- Delayed treatment. Some babies born with spina bifida need corrective surgery on their spine within 48 hours of their birth. If your doctor fails to initiate this care when it’s needed and delays their treatment, this can cause considerable harm.
If you’d like to know whether or not you could be eligible to claim for your child’s disability, get in touch with our team of advisors. You can also read on to find out what you’ll need to make a spina bifida compensation claim.
What Do I Need To Claim For Spina Bifida Negligence?
To make any kind of medical negligence claim, you’ll need evidence. This evidence should be able to prove that a medical professional breached their duty of care, and that you or your child suffered harm as a result.
In this case, the evidence would need to prove that your child’s birth defects were caused or worsened by the actions of the person treating you. This could include:
- Witness statements from someone who was at the appointment with you, like your partner, a friend, or family member.
- Scans and test results that clearly show your child was at risk of spina bifida.
- A symptoms diary that illustrates the pain and suffering your child went through.
- Medical records that show the steps your doctor took.
- Financial evidence of any financial losses that have been suffered.
Sometimes, a medical negligence case might be put to the Bolam test. This is when a panel of experts assess the actions of your doctor, and form a report on whether or not their actions were negligent.
Get in touch today to find out how one of our solicitors can help you find proof of medical negligence.
How Much Spina Bifida Compensation Could You Get From A Successful Claim?
Generally, medical negligence compensation can be split into two heads. General damages, the first heading, covers the pain and suffering that your child goes through as a result of their spina bifida.
Compensation under this heading also takes into their future suffering, prognosis, and how the diagnosis will affect their daily life. When general damages are calculated, professionals can reference the Judicial College Guidelines (JCG).
This document has guideline compensation amounts for different kinds of illnesses and injuries, as you can see below. Please keep in mind that the first entry in this table is not from the JCG.
| Injury | Compensation | Notes |
|---|---|---|
| Severe Harm With Special Damages | Up to £500,000+ | Severe harm, combined with financial losses like lost earnings and the cost of a mobility aid. |
| Very Severe Brain Damage | £344,150 to £493,000 | Though there may be some ability to follow basic commands, there is little response to surroundings and a need for full-time care. |
| Moderately Severe Brain Damage | £267,340 to £344,150 | There is a serious disability, and a substantial dependence on others with a need for round the clock nursing care. |
| Kidney Injuries a) | £206,730 to £256,780 | Loss or serious and permanent damage to both kidneys. |
| Kidney Injuries b) | Up to £78,080 | Total loss of natural kidney function causing a risk of UTI. |
| Total Incontinence | Up to £224,790 | Double incontinence with total loss of natural bowel and urinary function. |
| Bowel Injuries b) | Up to £183,190 | Total loss of natural function with a reliance on colostomy. |
| Bladder Injuries b) | Up to £171,680 | Complete loss of natural bladder function and control. |
Can I Claim Compensation For The Long Term Financial Impact Of A Birth Defect?
Yes, the compensation your child could receive can also cover the financial losses that you will experience because of their illness. For example, this might include things like lost earnings, medical care, professional home or hospice care, and the cost of things like wheelchairs and home adjustments.
This is covered under special damages, which is the second potential head of compensation that your child could receive. However, this won’t be paid directly to you.
Compensation for children is held by the Court Funds Office (CF) in a trust account, and you can apply to the Court to withdraw funds as and when they are needed. However, you’ll need to provide proof that the withdrawal is in the child’s best interests, and will be used for them.
Contact our team for more information on compensation for children, or keep reading to find out how one of our expert No Win No Fee solicitors could help you.
Why Claim Spina Bifida Compensation On A No Win No Fee Basis?
So, why should you make a claim with the help of a No Win No Fee medical negligence solicitor? Working with a specialist can come with numerous benefits, as they can help you:
- Gain a deeper understanding of the claims process.
- Negotiate the settlement that you deserve.
- Prepare the claim to go to court when necessary.
- Communicate with both the defendant and the Courts.
- Understand complex legal jargon.
Our solicitors are here to help, and they can do all of this and more without taking any upfront or ongoing fees for their work. This is because they work on a No Win No Fee basis, and offer their services through a Conditional Fee Agreement (CFA).
If your claim fails, then you won’t pay your solicitor for their work on your medical negligence claim. Only if it succeeds do you have to pay a success fee, which they’ll take from your compensation as a small percentage. But don’t worry; this amount comes with a legal cap, which helps to make sure that the majority of what you receive stays with you.
Contact Us
If you’d like to learn more about how one of our specialist medical negligence solicitors could help you claim spina bifida compensation on behalf of your child, get in touch today by:
- Calling us on 0800 652 3087
- Using the live chat feature
- Contacting us online
More Resources About Medical Negligence Claims
To read more about medical negligence claims:
- Learn how to make a broken bone birth injury claim with our guide.
- Get help claiming compensation for epidural negligence.
- Find out how to claim if your lung cancer was misdiagnosed.
Or, for more resources:
- Report a concern to the Care Quality Commission (CQC).
- Learn about the National Nursing and Midwifery Council (NMC).
- Get advice for claimants from NHS Resolution.
Thank you for reading our guide on spina bifida compensation claims.
