Birth Injury Claims
A 2016 NHS report states in the UK, 4.3 babies in every 1,000 experience a serious, and permanent, birth injury that will have devastating consequences on the rest of their lives. While these incidents are thankfully rare, affected families will suffer emotionally, physically, and financially. Our leading birth injury claims solicitors offer in excess of 25 years’ experience to help families get the justice that they need.
Birth injury claims are a complex area of law that require a specialist solicitor with extensive knowledge and expertise in maternity care issues. We have helped families secure £multi-million compensation offering a depth of experience in the following:
- Birth asphyxia leading to hypoxia (oxygen deprivation)
- Cephalohemata (build up of blood around the brain)
- Birth trauma
- Hydrocephalus (build up of fluid around the brain)
- Cerebral palsy
- Erb’s palsy
- Ischaemic brain damage
To start a birth injury compensation claim, or simply to find out more, please get in touch by calling 01253 766 559 or completing this form.
To start a birth injury compensation claim today, or for more information simply complete the form below.
‘What always strikes me is how well-informed each individual is about every single case (of which they have many) and how each of them brings a different skill to the table. Diane is vastly experienced and there is no trick that she hasn’t written the book on. She is passing this onto the rest of her team and they get stronger each year. One particular strength is the incredibly resourceful in-house medical consultant, who works on each and every case, providing extremely useful insight into the medicine. It would not have been possible for me to prepare so thoroughly for cons, inquests and trials without the benefit of his very considerable expertise; enormous credit must go to Diane for tapping into such a rich vein of knowledge.’
‘Diane Rostron’s dedicated support and personal commitment to clients and their families makes her stand out from others in the field. She is the most committed and compassionate of solicitors that I have come across in dealings with in excess of 50 UK and worldwide law firms.’
“We would definitely recommend Diane.She is very informed and very knowledgeable. We felt very confident in her abilities. She was honest and direct, professional yet approachable and sensitive.”
“Diane Rostron is excellent. She is very professional but also very down to earth and was able to put me at ease from day one. The most important thing for me is having an open channel of communication and being kept up-to-date with progress and being told in layman's terms what the key issues are. This has always happened and I know if I contact Diane I will receive a prompt response. I have been waiting over 13 years for the opportunity to get justice for my son. I believe that my best chance of getting justice is to have Diane Rostron representing my son.”
“Diane is very easy to communicate with. We cannot express how pleased we are with the service she provided to us. She is a true professional. We would like to say a big thank you to Diane and her team from the bottom of our hearts. We would recommend her to anyone who needs a solicitor . Diane is first rate.”
"Diane Rostron has a rare combination of excellent judgement, tenaciousness, and compassion for her clients."
"The team provides an excellent and responsive service."
"Diane Rostron provides a consistent professional approach to all cases. She is noted to have a thorough understanding of their current situation and works tirelessly to find solutions to immediate difficulties they may be facing. Diane ensures that the clients are up to date with the progression of their case and is happy to speak to them directly if required"
How we can help you with your birth injury compensation claim
Sadly, birth injuries can deprive a child of motor abilities, cognitive skills, coordination, balance, motor posture, vision, hearing, speech function, and more. The consequences for the whole family are profound. Our birth injury claims solicitors understand the extensive care needs of a child following an avoidable birth injury, and the associated costs of meeting their needs, both now and in the future. Our specialist team of medical negligence solicitors are recognised by Legal 500 as leading experts in England and Wales.
You are entitled to make a birth injury claim that has occurred due to medical negligence
Birth injury claims refer specifically to injuries that take place before, during or just after birth. This includes injuries sustained during the pregnancy due to medical errors. The families affected are left with significant concerns about the future of their child and the anxiety of how they will meet their child’s lifelong needs.
Common medical failings leading to permanent birth injuries include:
- Use of excessive force during the delivery causing head and/or body trauma
- Failure to adequately monitor both mother and baby throughout the pregnancy and birth
- Failing to adequately recognise abnormal test results during pregnancy and birth and failing to provide timely medical intervention
- Failure to recognise high risk circumstances and failing to provide timely medical intervention
- Failure to diagnose infections and other health conditions and failure to provide timely medical intervention
- Failure to provide adequate care for your baby in the neonatal period
Our specialist team of medical experts and birth injury claims solicitors will be with you every step of the way
We are determined to help families who proceed to make a birth injury claim receive the answers and compensation that they need and are entitled to. That is why our experts have developed meticulous investigative skills to collect and review the medical evidence we need to progress your case to a successful conclusion. If we believe that you have a claim, our birth injury claims solicitors will leave no stone unturned to prepare a robust argument to secure the right level of compensation for your family.
Our team is compassionate and sensitive. We understand the challenges faced by families in your situation and are committed to improving your child’s quality of life, both now, and in the future. We have a strong track record of securing £multi-million settlements for clients. We believe in a pastoral care approach to give each one of our clients the support that they need to meet their child’s complex needs. To hear more about how our team’s commitment can help your family, you can listen to how we helped Hannah, a young girl who suffered a birth injury leaving her with permanent complex needs.
What to expect through your birth injury claims process
We will discuss your case with you, including the errors you believe were made during your child’s birth and the effect this has had on their health, wellbeing and ability to function day-to-day. We will then provide an honest assessment of whether we think you have a claim worth further investigation and explain the claims process and fees involved.
We will bring together all the essential evidence to support your erb’s palsy claim, including medical records, witness statements and evidence from independent medical experts.
We will then contact the NHS Trust or healthcare provider that you believe is responsible for your child’s erb’s palsy in writing. This letter will detail the alleged medical negligence and the resulting injury to your child.
The defendant has 4 months to investigate your claim and to provide a response. This will generally either involve them accepting full or partial liability and offering a financial settlement or denying responsibility. If a settlement is offered, we will advise you on whether we think it is reasonable and, if not, what further action can be taken.
If you are not satisfied with the defendant’s response and any offer of compensation, we can issue court proceedings. The defendant will have 28 days to respond, after which the court will set a date for a hearing. Typically, your hearing date will be around 18 months after proceedings are initiated.
In most cases where a claim has reached this stage, we will be able to secure a pre-trial settlement allowing you to avoid a court hearing. We have a very strong negotiating team to help ensure any settlement reached meets your child’s lifelong needs.
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.
Our no win no fee approach
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Start a birth injury compensation claim now
If you believe that your child has suffered a preventable birth injury as a result of medical negligence, please contact our empathetic specialist team of birth injury claims solicitors by calling 01253 766 559 or completing the form below.