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Can I bring a claim as a mother as well as for my child?

In this video, John McCarthy answers the frequently asked question, “Can I bring a claim for compensation as a mother, as well as for my child?”


Well, the answer to that is yes, on two fronts. First of all, it may well be the case that the mother is injured and the baby is perfect. Secondly, the mother can be injured herself and the baby can be injured or thirdly, the baby can be injured and the mother can be physically perfect, but she can have observed a terrible thing happening to her loved one and she may have sustained a psychological injury as a consequence of that. In any of those three scenarios, if the mother has suffered either a physical or psychological injury, then she’s entitled to be compensated. It may well be the case that the baby has a cause of action against the hospital in its own right also, but the fact that the baby is perfect doesn’t mean that a mother doesn’t have the entitlement to be compensated if she’s injured under any one of those three categories.

Have you or your child suffered a birth injury?

Contact our birth injury solicitors for advice on whether you may be entitled to compensation.

Medical Negligence Team at McCarthy + Co