If a baby is deprived of oxygen before, during or immediately after birth, it can have devastating long-term effects on their health if the right treatment is not quickly given. Known as ‘birth asphyxia’, the potential outcomes can include permanent brain damage leading to conditions such as cerebral palsy and learning difficulties.
While it can take several years for the full effects of birth asphyxia to become clear, it is important to take action as soon as possible to make sure your child will have the support they need as they grow up.
Children living with the effects of birth asphyxia often need various types of support, including medical treatment, physiotherapy, speech and language therapy, and specialist carers. Covering the cost of this support is beyond the means of most ordinary families, so claiming compensation is likely to be the only way to get your child the help that they need.
As well as meeting the cost of supporting your child’s complex needs, compensation can give your family financial security. This includes replacing lost income if you need to give up work to care for your child full time.
You may be feeling scared, confused and desperate, unsure what you can do to make sure your child gets the support that they need. Our specialist team are here to take you by the hand and guide you every step of the way through claiming compensation so you can give your child the full, happy life that they deserve.
To arrange a confidential consultation with our friendly, highly experienced birth asphyxia solicitors, please call 01253 766 559 or email **@*******co.uk today.
To start a compensation claim today, or for more information simply complete the form below.
Diane Rostron has earned a reputation as one of the leading birth injury lawyers in England and Wales offering more than 20 years’ experience in complex birth injury claims . Diane has regularly won multi-million pound damages for her clients, including where other solicitors have already failed to win compensation.
We are able to secure substantial compensation for all types of birth asphyxia claims including those related to:
Diane is accredited by the Law Society for Clinical Negligence in recognition of her exceptional expertise in representing people injured due to negligent medical care.
She is also recognised as a leading practitioner in England and Wales in Legal 500 which describes her as “committed, determined and sympathetic.” However, it is not just her legal skills and track record of success that sets Diane apart, but also the level of personal attention she gives to every client, supporting children and their families with real warm, compassion and empathy.
When you are facing a desperate situation, struggling to get the support your child needs, Diane and her team of birth injury experts will be by your side every step of the way, helping you to give your child the life that they deserve.
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If your child suffered birth asphyxia due to medical negligence by the team handling their birth, they will be entitled to compensation.
Medical negligence means that the standard of care you and your child received fell below safe levels with preventable errors made putting your child at risk.
Proving that medical negligence occurred resulting in a significant birth injury is complex and requires the right experts on your side.
The total compensation sought in a birth injury claim will include a carefully costed lifelong care package specific to your child’s individual needs.
Any specific financial costs you have incurred or will need to cover in future will be considered (e.g. treatment and care costs) as well as non-financial costs (e.g. your child’s pain and suffering, the impact on their expected lifestyle etc.).
Where your child has been left with serious brain damage due to birth asphyxia, the potential damages can run into millions of pounds. We recently secured a £17.9 million settlement for a seven-year old child who suffered an avoidable serious brain injury at birth.
It is important to be aware of how complicated birth asphyxia claims tend to be and that they are generally strongly contested by NHS trusts and other birth care providers. A successful claim will require a high standard of proof and determined legal representation, with the average claim taking several years to resolve.
Your case will need to be carefully constructed from the start to make sure all the evidence is gathered and that this is presented in the most effective way. Court proceedings are part of the process in some cases so robust legal representation is also essential.
After you get in touch with us, we will listen to you and discuss your situation, including the healthcare advice you were given, and any evidence of negligent treatment.
We will need to apply for your medical records from various places, including the place you had treatment, other hospitals, and your GP practice.
We will then provide an honest assessment of whether we think you have a claim worth further investigation. We will explain the claims process and the fees involved.
We will start collecting evidence to support your claim. This typically includes applying for any further medical records, other documents from the hospital, obtaining witness statements and independent medical experts’ reports.
Once the facts of the case are clear, we will contact the NHS Trust or healthcare provider to inform them a claim is being investigated. The Letter of Claim (LOC) will set out the details of the alleged medical negligence and the injuries caused.
The Defendant is required to respond to our Letter of Claim (LOC) within four months. At this stage, they will either accept full, or partial, liability and may offer a financial settlement, or deny responsibility.
If the Defendant denies responsibility, or does not offer a sufficient settlement amount, we can then issue court proceedings on your behalf to take the claim further. The Defendant will be given 28 days to respond, and the court will then set a hearing date, usually around 18 months from when proceedings are initiated.
It is important to note that while issuing court proceedings is an essential step, it is rare that you will need to attend a hearing as most claims that reach this stage can be resolved with a pre-trial settlement.
The Court will then set a timetable for the exchange of evidence in the case. We will exchange any witness statement taken from you, and receive the witness statements (if any), of the clinicians involved in your care.
There will then be an exchange of medical expert evidence. Each party can obtain independent medical expert reports in each relevant discipline. For example, in a birth injury claim, both parties would have commissioned reports from independent obstetricians. We disclose the report we have obtained on your behalf and the Defendant has to disclose the report they have obtained.
The independent experts then have a meeting, separate to each party’s legal representatives, to narrow the issues for the Judge in the event the case goes to a trial. After this meeting, the medical experts have to produce a jointly written statement to provide to the Judge.
It is usual procedure to attend some form of pre-trial settlement resolution with the Defendant, either in the form of a settlement meeting, or a mediation. We have a very strong track record of negotiating pre-trial settlements and will explore every potential avenue to do so if your claim reaches this stage.
If your claim settles at this stage and involves a vulnerable party, such as a child or an adult with a brain injury, an approval hearing will be held by a High Court Judge to approve the settlement reached.
If your claim cannot be resolved outside a court hearing, we can offer experienced, and highly skilled, advocacy to secure the best possible outcome for your family.
Most claims are resolved in full through the above process. However, very complex claims, including birth injury claims, require an additional step to assess the quantification (value) of the claim.
For birth injury claims, additional independent medical experts will be required to assess issues such as life expectancy and care needs, and the process above will be repeated for the stage of quantification.
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Complex birth injuries specialist, 30 years' expertise. Recognised by Legal 500 as leading expert.
dianerostron.co.uk
Significant birth injuries are deeply traumatising events that can leave lifelong effects on a baby and their family. These injuries are sometimes the outcome of avoidable medical mistakes and can ran...
