If your birth injury claim is successful, you will be awarded a sum of compensation when the case is settled. But how much compensation will you receive, and how is it calculated?
Compensation for birth injuries
As with all medical negligence claims, the compensation awarded for a birth injury claim is made up of two different elements: general damages and special damages.
1. General damages
General damages are intended to reflect the Claimant’s pain, suffering and loss of amenity. For example, if you are claiming for a missed fourth degree tear, your general damages provide some form of recompense for:-
- The physical pain and injuries experienced because of the missed tear
- The emotional trauma of suffering from a missed tear and the symptoms associated with a missed tear
- The impact a missed tear has had upon your quality of life
- The inconvenience of having to undergo further treatment, such as a secondary repair
The amount awarded for general damages will vary according to the Claimant’s injuries. If a fourth degree tear has been missed and this has led to a permanent colostomy, the sum of general damages will be far greater than if there are no residual symptoms.
Your solicitor will consider the severity of your physical and emotional injuries before proposing a suitable sum of general damages. This figure will be guided by your medical expert reports and a barrister who will have been instructed to assist with your case.
2. Special damages
The other element of your compensation settlement is called your special damages. This is intended to recover any money you and/or your partner have lost because of the negligence. This is an objective calculation that will be carried out by your solicitor. He or she will create a document called a Schedule of Loss, outlining every financial loss you have encountered as a direct result of your injuries. This can include:-
- Loss of earnings, both past and future
- Your partner’s loss of earnings
- Loss of pension
- The cost of medical treatment
- The cost of travelling to receive medical treatment
- The cost of equipment that you require because of your injuries – for example, incontinence pads
- The cost of care provided by your loved ones
Your special damages should put you in the financial position you would be in, had it not been for the medical negligence.
Compensation for third and fourth degree tears
If you would like to know more about claiming compensation for a birth injury, such as a third or fourth degree tear, please get in touch with us today.
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