Birth Injury Claims Solicitors - Diane Rostron

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 yearsexperience 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)
  • Epilepsy
  • Meningitis
  • Cephalohemato (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.

Contact Us

To start a birth injury compensation claim today, or for more information simply complete the form below.

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
Baby sleeping teddy bear
Family Walking on Path

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

We do not want our birth injury claims solicitors’ fees to be an obstacle for families seeking justice so we operate on a no win no fee basis to support our clients. We also help clients secure interim payments in advance of the final settlement. There is no time limit on pursuing birth injury claims caused by medical negligence where the child has lost mental capacity as a result. In instances where mental capacity has not been affected, a claim can be started up to three years after the child’s 18th birthday. For updates and to read our comments, read our news and blogs or follow us on Facebook or Twitter.

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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 766 599 or completing the form below.