Birth Injury & ROP Blindness Claims
Experts in this Area of Law
Overview
Birth asphyxiation occurs when a baby is deprived of adequate oxygen before, during or shortly after birth, and can lead to permanent brain injury and cerebral palsy. Retinopathy of Prematurity (ROP) is a serious eye condition affecting premature infants, which can lead to lifelong blindness if not screened and treated in time. Where healthcare professionals failed to meet the accepted standard of care in either case, your family may be entitled to compensation under South African law.
Both conditions turn on the same question: was there an avoidable delay, at a moment when timely recognition and treatment would probably have prevented the injury? We investigate the medical records to find out.
What Can You Claim For
Depending on the evidence, compensation may include:
- Past and future medical expenses, rehabilitation and specialist therapy
- Specialised equipment, mobility aids and assistive devices
- Home and vehicle adaptations, where the child’s needs require them
- Caregiver costs, current and future
- Educational support and specialised schooling costs
- Future loss of earning capacity and other damages recognised by law
Required Documentation
We obtain the maternity, labour, neonatal and hospital records, fetal monitoring traces, ophthalmology and screening records, imaging, and expert opinions from independent specialists to determine whether the accepted standard of care was breached, and whether that breach caused the child’s injuries.
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Birth Asphyxiation & Cerebral Palsy
Birth asphyxiation may result from prolonged labour, delayed delivery, placental complications, umbilical cord problems, or other obstetric emergencies. Prompt recognition and timely intervention are often critical to preventing permanent injury.
When could there be a claim?
- Failure to monitor the baby’s heart rate appropriately
- Failure to recognise signs of fetal distress
- Unreasonable delay in performing an emergency Caesarean section
- Inadequate management of labour and delivery
- Failure to properly resuscitate the newborn
- Delays in obtaining specialist obstetric or neonatal assistance
- Poor communication or failure to escalate serious complications
Possible consequences
Children affected may develop cerebral palsy, developmental delays, epilepsy, feeding difficulties, cognitive impairment, speech problems or lifelong physical disabilities requiring extensive care and support.
Retinopathy of Prematurity (ROP) Blindness
ROP develops when abnormal blood vessels grow in the retina of a premature baby. Babies born very early or with a very low birth weight require careful screening, because timely treatment can often prevent permanent blindness.
When could there be a claim?
- Failure to identify babies requiring ROP screening
- Failure to arrange ophthalmology examinations
- Delayed diagnosis
- Failure to refer urgently
- Delay in laser or anti-VEGF treatment
- Inadequate follow-up after discharge
- Poor communication with parents regarding appointments and risks
Frequently Asked Questions
1. Does every child with cerebral palsy or ROP blindness have a claim?
No. Both conditions have a range of possible causes. A claim depends on whether negligent medical care caused avoidable injury.
2. How long does an investigation take?
3. Will I need medical records?
4. What if the treatment was at a state hospital?
Claims against public healthcare providers are possible, but additional procedural requirements and strict notice periods can apply. Early legal advice is especially important.
Our Process
Consultation
If you are facing a legal problem, it is important to consult with a lawyer as soon as possible. A lawyer can help you protect your rights and interests. We are committed to providing sound legal advice to all South Africans. We operate on a “no win, no fee” basis, and one of our specialist attorneys will assess your case and advise you on whether you have a possible claim.
Representation
Our attorneys are experts in personal injury law. They have the knowledge and experience to help you get the compensation you deserve. In addition to our attorneys, we also have a team of medico-legal specialists and advocates who can help you with your case.
Settlement
Our lawyers will be with you every step of the way, from the moment you contact us to the moment you receive your settlement. We will advise you on whether to accept an early settlement, or if we believe we can get you a better outcome through litigation. We will fight for your rights and get you the compensation you deserve.
