£50,000 secured for a family following their son’s preventable stillbirth
Our experts recently agreed a settlement of £50,000 for a family who lost their second child to a stillbirth that should have been avoided by
17th March 2026
If a baby is deprived of oxygen before, during or immediately after birth, it can result in very serious brain damage if the problem is not quickly identified and timely medical intervention provided. Known as ‘birth asphyxia’, this can leave a child with serious lifelong conditions such as cerebral palsy and a range of other complex needs.
It typically takes a number of years before the full impact of birth asphyxia on a child’s health and development will become clear. As your child grows up, they will likely need extensive specialist support, including medical treatment, physiotherapy and speech and language therapy.
Accessing this support tends to be very costly and, sadly, beyond the means of most ordinary families. This is why claiming compensation is so important to make sure your child gets all of the help that they need to live a full, happy life.
As well as providing the funds to meet your child’s complex needs, birth asphyxia compensation can also give your family long-term financial security.
The thought of claiming compensation can be confusing, stressful and intimidating, so it is essential that you get the right specialist legal advice as soon as you can giving you the best chance of getting your child the support that they need when they need it.
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.
Obviously, when facing this type of legal battle, you need a representative with extensive legal expertise and experience to guide you. However, you also need someone who understands that you and your family are facing a very difficult situation, a specialist birth asphyxia solicitor who can provide the compassionate support you all need to see you through this challenging situation.
Diane Rostron is recognised as one of the leading birth injury lawyers in England and Wales. She has over 25 years of experience in handling high-value birth injury claims for families in the most desperate circumstances and is accredited by the Law Society for Clinical Negligence.
She is also recognised as a leading practitioner in England and Wales in Legal 500 which describes her as “committed, determined and sympathetic.”
Having secured multi-million-pound damages on numerous occasions, including in cases where other solicitors have previously failed, Diane is known for her steely determination to get the right result for her families, no matter how challenging the circumstances.
However, it is Diane’s warmth and empathy that clients most frequently comment on, reflecting her commitment to protecting your emotional well-being as well as helping you to meet your child’s needs. We want you to feel completely comfortable and to know that we are always here for you, whether you have a question, want an update on the case, or simply need reassurance that you are doing the right thing for your child.
Over the years, we have secured substantial compensation for all types of birth asphyxia claims, including those related to:
If you believe that your child’s birth asphyxia was caused by preventable medical negligence on the part of the team handling their birth, they will be entitled to compensation.
Proving that a serious birth injury was caused as a result of avoidable medical negligence is complex.
Your birth asphyxia compensation claim will rely on various pieces of evidence, including medical records, reports from medical experts who have independently examined your child and witness testimony.
This depends on the level of injury your child has suffered and their lifelong needs. If your child has been left with serious brain damage due to birth asphyxia, the potential damages could run into millions-of-pounds. In a recent case, we were able to secure £17.9 million in damages for a seven-year old child who suffered a serious, and entirely preventable, brain injury at birth.
There is no getting away from the fact that birth injury claims tend to be very complicated and are usually strongly contested by NHS trusts and other birth care providers. It will typically take several years to resolve a claim and a very high standard of proof and expert advocacy is required for a successful claim.
Your case will need to be carefully constructed from the start to give you the best chance of a positive outcome and increase the likelihood of an out of court settlement. In some cases, birth injury claims go to court, so you also need to make sure you have the best possible representation for these proceedings.
Working with a legal team with specialist experience in high value birth injury claims is therefore strongly recommended.
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.
Our experts recently agreed a settlement of £50,000 for a family who lost their second child to a stillbirth that should have been avoided by
We recently settled a preventable permanent brain injury claim for a girl, now aged eight, who has severe disabilities as a result of inadequate maternity
Recognising that a child may have been impacted by a serious injury while receiving maternity care is a shocking discovery for families. Processing the fact
When a baby is deprived of oxygen at birth, the consequences can be devastating. In the most severe cases, oxygen deprivation can lead to death.
Complex birth injuries specialist, 30 years' expertise. Recognised by Legal 500 as leading expert.
Birth Injury Claims Solicitors - Diane Rostron
dianerostron.co.uk
Diane Rostron is a specialist medical negligence solicitor who can help you make a Birth Injury Compensation Claim in the United Kingdom.
£50k Secured For Family After Son's Preventable Stillbirth
dianerostron.co.uk
£50k Secured for Family After Son's Preventable Stillbirth. We agreed a 50k settlement for family who lost second child to avoidable stillbirth.