Independent OT Medico Legal are engaged by both defendant and plaintiff law firms to write birth injury medico legal reports. Birth injuries are a type of medical negligence which occurs as a result of complications sustained before, during or just after the birthing process which may result in injury to either the mother, the child, or both.
Common birth injuries sustained by a child include cerebral palsy, brachial plexus injuries such as Erb’s palsy, or Perinatal Asphyxia or other conditions resulting in developmental delay.
Common injuries sustained by the mother include a variety of conditions affecting the perineum and pelvic floor; nerve damage such as pudendal neuralgia (long-term pelvic pain); and/ or psychological injuries suffered as a result of the birth trauma.
Our Process
When preparing reports for birth injury compensation claims we consider the medical evidence provided in the brief to obtain a clear understanding of the injuries sustained. During our consultation we assess the function of the child and compare this with developmental milestones for normally developing children in order to determine the functional impact of the child’s birth injuries. When considering the care and support that the child will require in the future, we will comment on the support required over and above that which would be expected for a normally developing child or adolescent, or adult.
Where the mother has sustained birth trauma, we will consider her level of functioning prior to the pregnancy or birth, and examine the functional impact of the birth injuries she sustained in order to determine the level of support required as a result of the complications experienced during pregnancy or delivery. Where the mother has co-morbid medical issues, our reports will define which symptoms are the direct result of the her birth injuries, and which are due to pre-existing conditions. Or, when relevant, if a pre-existing condition has been exacerbated by a mother’s injuries sustained during the pregnancy or birth (such as a psychological injury or pelvic floor issue) then our report will highlight the symptoms that were present prior compared to those present following the birth injury. This is determined through information obtained from the mother, as well as review of previous medical documentation and discussion with family where possible in order to form an objective opinion. Our occupational therapists have extensive experience with assessment, and knowledge of trauma informed practice, and are able to conduct interviews in a manner that allows this information to be gathered whilst always giving consideration to the well being of the mother.
Why Choose Our Medico Legal Experts for Birth Injury Cases?
Our occupational therapists have extensive knowledge of the types of birth injuries and the likely functional impact on the child, as well as the specialised equipment and rehabilitation services that may be relevant. Understanding all aspects is crucial to provide advice on the future care and support that may be relevant for the life of the child.
Our reports are comprehensive, objective and well justified. Should a matter not resolve, our occupational therapists will provide evidence as an expert witness.
Understanding Birth Injury and Its Impact
Our occupational therapists have extensive experience in the assessment and treatment of birth injuries including cerebral palsy; brain injuries caused by lack of oxygen such as hypoxic-ischemic encephalopathy, or newborn kernicterus; and physical injuries such as brachial plexus injuries.
These conditions can occur as a result of medical negligence and can lead to significant long-term issues for the child including developmental delay, physical limitations or chronic pain, and frequently result in the need for increased support. Where long term intensive support is needed, financial stress often results due to the costs associated with regular consultations with medical professionals, required therapies, and specialised assistive equipment. Additionally, costs are often incurred as a result of a parent’s inability to work due to their caregiving role, or the need for paid support for the child. A child who has sustained serious birth injuries may not develop independence in daily tasks as a normally developing child would and so the need for intensive support continues well beyond the early childhood years. Similarly, unlike many conditions or disorders which improve with therapy, for some children who have sustained serious birth injuries, these costs are often ongoing throughout their lifetime.
What to Expect from Our Birth Injury Medico Legal Reports
Our role is to cost the care and equipment needed as a result of the birth injury.
As well as past and future care, our reports discuss any necessary equipment and assistive devices that may be required as a result of the birth injury, as well as recommending therapy intervention that may assist to reduce the functional impact of the birth injury. Discussion may also be relevant as to any increase or decrease in care needs as the child develops into adulthood.
Our reports generally consider future care in stages of development as a child moves through the early childhood years into pre-adolescence, adolescence, and into adulthood. Care and equipment required due to the birth injuries, over and above what would be expected for a normally developing child, is then costed with both purchase costs and replacement timeframes included.
Frequently Asked Questions
Yes, you can. Our assessments compare a child’s current functioning with developmental norms for children at various stages. This allows us to accurately determine the long-term impact, even if the injury occurred years ago.
For a birth injury assessment, we request that all relevant medical records be provided, along with a letter of instruction outlining any specific questions to be addressed in the report. Essential documentation may include hospital birth records, neonatal care summaries, surgical reports, specialist assessments, and relevant GP records. Typically, we require records from the time of birth or injury onwards. However, if there are co-existing medical conditions or other factors that make prior medical history relevant, we may request additional records that predate the birth.
Typically these medico legal reports are ready within 6 weeks from the date of assessment.
Yes, our reports are suitable for both legal and insurance claims. We provide detailed, objective assessments for both defendant and plaintiff law firms, making them valuable for legal cases. The comprehensive nature of our reports also supports insurance claims to justify care and support needs.
Our reports consider the child’s care needs at every stage of development—from early childhood to adulthood. We outline any therapy, equipment, or support required, and provide detailed cost estimates, including purchase costs and replacement timelines, to ensure accurate financial planning for the future.
Contact Us for Expert Birth Injury Medico Legal Reports
Our experienced occupational therapists provide thorough, impartial assessments to evaluate the long-term impact of birth injuries on functional abilities and care needs. We deliver detailed reports to support fair compensation and inform future care planning.
Reach out today to schedule an assessment, call for expert advice, or email us your inquiry.