Sadly, birth injuries are experienced by 4.3 babies in every 1000 in the UK (stated in a 2016 NHS report), resulting in permanent damage that can seriously affect a child’s quality of life and change families forever. These life-long consequences can cause emotional, physical and financial strains on all involved, leaving many feeling dejected and let down.
Thankfully, severe birth injuries are relatively rare, but if you or a loved one has experienced an incident of birth injury due to medical negligence, there could be a claim to be made.
Diane Rostron and her team have more than 25 years’ experience in this highly complex area of law and have helped many families receive the justice they need for their devastating experiences regarding the injury of their newborn child.
Birth injury claims are extremely intricate and require a skilled solicitor who is exceedingly knowledgeable in maternity care issues. We go the extra mile to ensure our clients’ voices are heard and where others have failed, we have succeeded in securing multi-million pounds in compensation through utilising our expertise in the following claims:
To start a compensation claim today, or for more information simply complete the form below.
If you have experienced an incident of medical negligence leading to birth injury in Nottingham or the surrounding area, or want to know more, we can assist you. Contact our specialist team today by calling 01253 766 559 or via email at **@*******co.uk for a free initial consultation.
Of course, to our families, it isn’t all about the compensation claim, they need help from the appropriate local authorities, specialist equipment, therapies and often, adapted accommodation. Providing a service that is above and beyond just the legal aspect is something we take pride in – helping families to find the relevant help and assistance they require.
Birth injuries can leave children with a number of life-altering consequences, including reduced motor abilities, problems with speech, hearing or vision, difficulties with coordination or balance and more. Quality of life for the child can be reduced greatly by what could have been an avoidable injury, and meeting the needs of the child can become a huge strain on finances as well as family members’ mental health. Compensation could provide your child with the care and necessities they need to significantly reduce the pressure on families well into the future.
The term ‘birth injury’ specifically refers to injuries that have taken place before, during or just after birth – including injuries sustained during the pregnancy due to medical errors. If you have reason to believe your child’s birth injury could have been avoided by receiving the correct maternity care, then you could be entitled to a claim.
Maternity services at the NHS Trust recently came under investigation regarding inadequate maternity care at their Nottingham City Hospital and the city’s Queen’s Medical Centre, run by Nottingham University Hospitals NHS Trust.
If your child has experienced any of the following medical failings in a Nottingham hospital which have led to permanent birth injuries, do not hesitate to contact us:
Pursuing a birth injury claim is often very trying and can take a long time to come to fruition, Diane Rostron and her team are here with you each step of the way. We aim to bring answers to our families and ensure that they receive any compensation they are entitled to and need to provide the necessary care for their child for life.
Our experts are highly skilled and leave no stone unturned when it comes to collecting the evidence needed to win your case. With our keen investigative skills and knowledge in this complex area of law, we will prepare a sturdy argument for your claim to ensure the right compensation level is secured for your child.
With an excellent track record in this field, we have secured multi-million-pound compensation claims for many clients. Our compassionate and caring team understands how challenging these situations can be for families and take every step we can to help you to improve your child’s quality of life both now, and in the future. If you require information or you are in need of contacts to assist your child’s needs, we can point you in the right direction and are always here to offer advice and support throughout your journey with us.
Our no-win-no-fee approach gives you peace of mind when pursuing a claim with us and means seeking compensation does not become a financial obstacle for you and your family. If you would like to discuss your child’s preventable birth injury or find out more information, please do not hesitate to give us a call on 01253 766 559 today.
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...
