Best Birth Injury Lawyers in Solna
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Find a Lawyer in SolnaAbout Birth Injury Law in Solna, Sweden
Birth injury law in Solna follows the same national rules that apply throughout Sweden. A birth injury is an injury to a mother or baby that occurs during pregnancy, labour or immediately after birth and that could have been caused by the way care was provided. In Solna much obstetric care is delivered by Region Stockholm and by Karolinska University Hospital - major providers whose incidents are handled through the national patient insurance system. The legal framework is designed to offer compensation and rehabilitation without the need to prove negligence in the same way as in a private tort claim - instead a patient injury system assesses whether the injury is connected to the provided care and whether compensation is due.
Why You May Need a Lawyer
You may need a lawyer when a birth injury has caused significant and lasting harm, when the insurer denies or undervalues your claim, or when the facts or medical causation are complex. Common situations include:
- Serious long-term injury to the baby such as cerebral palsy, brachial plexus injury, or hypoxic brain injury where lifetime care, rehabilitation and support are needed.
- Maternal injuries with persistent consequences - for example severe obstetric fistula, organ damage or permanent disability.
- Disputed medical records or unclear documentation about the events during labour and delivery.
- A patient insurance decision that is refused or does not adequately cover loss of earnings, future care or non-economic damage.
- Need to gather expert medical opinions, prepare a legal claim for damages in court, or negotiate a complex settlement covering future costs.
Local Laws Overview
Key legal instruments and institutions relevant to birth injury claims in Solna include:
- Patientskadelagen (Patient Injury Act) - the primary statute governing compensation for injuries caused by health care. The Act provides a no-fault scheme for treatment injuries and sets out basic rules for compensation types.
- Patient insurance - public care in Region Stockholm is typically covered by a patient insurance scheme administered by an insurer. The insurer assesses claims under the Patient Injury Act and can award compensation for economic and non-economic loss and for rehabilitation costs.
- Inspektionen för vård och omsorg - IVO - the national supervisory authority that handles serious complaints and system-level failures in health care. IVO can investigate care quality issues but does not award compensation.
- Patientnämnden in Region Stockholm - the local patient advisory board that helps patients with complaints, explanations and assistance when communicating with health providers and insurers.
- Försäkringskassan - the Swedish Social Insurance Agency - pays social benefits such as sickness cash benefits, disability allowances and may be involved when an injury causes work incapacity or other social insurance claims.
- General courts - if an insurer refuses compensation or you seek higher damages than an insurer offers, civil litigation in the district court (tingsrätt) is possible. In court you may rely on general tort law and specialised evidence on causation and damages.
Statute of limitation - you should act promptly. Typically you generally have up to three years from the date you became aware of the injury and who caused it to bring a claim, and there is commonly an absolute limit around ten years from the incident for most claims. Exact time limits depend on the legal basis of the claim and should be checked with legal advice early.
Frequently Asked Questions
What counts as a birth injury in Solna?
A birth injury covers physical harm or worsening of health to the mother or the child that is linked to pregnancy, labour or delivery care. Examples include brain injury from oxygen deficiency, nerve injuries like brachial plexus palsy, fractures during birth, severe infections linked to care, or maternal injuries caused during delivery.
How do I start a compensation claim after a birth injury?
Begin by requesting copies of all medical records from the hospital or clinic that treated you. Contact the patient insurance used by the provider and file a claim - public care in Region Stockholm is normally covered by a patient insurance scheme. You can also contact Patientnämnden for guidance and submit any related complaints to IVO if there were serious care deficiencies.
Do I need to prove negligence to get compensation?
No. Under the Patient Injury Act a no-fault system applies for many treatment injuries - compensation can be awarded if the injury is linked to medical care and meets statutory criteria. In some cases you may still pursue a negligence-based claim in court if insurance routes do not produce satisfactory results, and then traditional fault and causation rules apply.
What types of compensation can I claim?
Common compensation categories include - economic losses such as past and future loss of income, medical and treatment costs, rehabilitation and care costs, costs for home adaptations and assistive devices, and non-economic compensation for pain and suffering. Compensation can also cover funeral costs in tragic fatal cases.
How long do I have to file a claim?
Act quickly. You generally have up to three years from when you became aware of the injury and who caused it to start a claim, and many claims are subject to an absolute time limit roughly around ten years from the event. Because rules can vary by type of claim, seek advice early to avoid missing deadlines.
What evidence will strengthen my claim?
Essential evidence includes complete medical records and birth notes, imaging and test results, documentation of treatments and medications, witness statements from family or staff present, photographs of injuries, receipts for out-of-pocket costs, and expert medical opinions linking the care to the injury. A lawyer can help obtain and organise expert evidence.
Will a lawyer in Solna or Stockholm be expensive?
Fees vary. Some lawyers offer free initial consultations and contingency or conditional fee arrangements in certain cases, while others charge hourly rates or fixed fees. You may be eligible for legal aid - rättshjälp - if your financial situation meets statutory requirements. Always discuss fees and billing arrangements up front.
What if the insurer denies my claim?
If the insurer denies or partly accepts the claim you can request a written decision and reasons, ask for reconsideration, submit additional evidence, and seek mediation or negotiation. If you remain dissatisfied you can take the case to court. You can also get support from Patientnämnden when communicating with the provider and insurer.
Should I file a complaint with IVO?
File a complaint with Inspektionen för vård och omsorg if you believe there was serious misconduct, systematic failings, or major patient safety risks. IVO assesses and supervises health care providers and can open investigations, but it does not award compensation. Complaints to IVO can run concurrently with a compensation claim.
Can a child bring a claim later if the injury is discovered years after birth?
Yes. Many birth injuries are diagnosed later as the child grows. The three-year limitation period typically runs from the date the injured person - or a legal guardian on their behalf - knew or should have known about the injury and the responsible party. Because of these time rules it is important to seek advice promptly when a late diagnosis occurs.
Additional Resources
- Region Stockholm Patientnämnden - local patient advisory service that helps with questions and complaints about health care and patient insurance procedures.
- Landstingens ömsesidiga försäkringsbolag - the patient insurance entity that typically handles claims arising from public healthcare in many Swedish regions.
- Inspektionen för vård och omsorg - IVO - the national supervisory authority for health and social care, which handles serious complaints and investigations.
- Socialstyrelsen - the National Board of Health and Welfare - sets national guidelines and guidance for healthcare professionals and safety standards.
- Försäkringskassan - the Swedish Social Insurance Agency - handles social security benefits and can advise on sickness benefits and support linked to impairment.
- Swedish Bar Association - to find a qualified lawyer with experience in medical malpractice and personal injury law in Stockholm and Solna.
- Local patient information services at Karolinska University Hospital - patient liaison and maternity services can assist with records and local procedures.
Next Steps
- Step 1 - Get and preserve your records. Request complete medical records, birth notes and test results from the hospital or clinic as soon as possible. Keep copies of receipts, invoices and any correspondence.
- Step 2 - Seek medical follow up and documentation. Ensure ongoing medical needs and rehabilitation are assessed and documented by treating clinicians. Documentation of current needs and future prognosis is vital for a compensation claim.
- Step 3 - Contact the patient insurance. File a formal claim with the insurer that covers the hospital or clinic. Ask for written acknowledgement and decision timelines.
- Step 4 - Contact Patientnämnden for guidance. The local patient advisory board can explain your options and help you communicate with healthcare providers and insurers.
- Step 5 - Consult a specialised lawyer. If the case is complex, the insurer refuses fair compensation, or future losses are significant, speak to a lawyer who specialises in medical injury, birth injury or personal injury law. Ask about fee structures and legal aid eligibility.
- Step 6 - Consider complaints to IVO if there are systemic or serious care failures. IVO investigations do not replace compensation claims, but they can support accountability and patient safety improvements.
- Step 7 - Keep records and a timeline. Maintain a clear chronology of events, contacts, medical appointments and expenses. This makes legal and insurance processes faster and stronger.
If you are unsure what to do next, start by requesting your medical records and contacting Patientnämnden in Region Stockholm for advice. Early steps preserve evidence and protect your legal rights - seeking professional legal and medical advice early often leads to better outcomes for both immediate needs and long-term planning.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.