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Can I make a medical malpractice claim for my child’s birth injuries?

You can make a claim for your child’s birth injuries as long as you can prove that your medical treatment and that of your child is the cause of their condition.

If you were not monitored closely enough, or your medical team failed to act, foetal distress during labour can cause serious injuries such as brain damage or cerebral palsy. These injuries may have been completely avoidable.

You need not be concerned about the time limit which usually applies to medical negligence claims, because you are able to claim on behalf of your child up until they reach 18 years old. After this time, they have 3 years from their eighteenth birthday to make the claim themselves. If their birth injuries mean that they cannot make decisions for themselves, there is no time limit for their negligence claim.

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