Compensation claims for shoulder dystocia mistakes and injuries not only reflect the pain and suffering experienced but also:
- Allow victims to obtain justice for the mistreatment and negligence they experienced
- Highlight failings in clinical practice, standards of care and protocols
- Provide families with an explanation of the incident and an apology if failings are acknowledged
The compensation payment will depend on several factors:
- The pain and suffering of the victim
- The impact of the delay and / or negligence on health and quality of life – including current and future care requirements, medical aids, home adaptations or other necessary assistance
- Any financial losses resulting from the injuries – including past loss of earnings, medical expenses, travel expenses and equipment costs
- Any future financial losses, e.g., loss of earnings, loss of promotion prospects, pension
Compensation for shoulder dystocia negligence or injury fall into two main categories:
- General compensation (General Damages): this includes compensation for pain and suffering and the impact of the injury on lifestyle and quality of life – for you and/or your child.
- Financial losses and expenses (Special Damages): these include the costs associated with private treatment, care support, travel expenses, other medical expenses, specialist equipment and loss of income.