Maternity care is delivered to a good standard in most cases with patient safety at the heart of medical professionals’ practice.
For some families, the care provided significantly falls below acceptable standards and a serious, irreversible injury occurs.
Injury compensation is available
Medical mistakes made during a pregnancy and before, during or just after a baby is born, can lead to catastrophic outcomes including stillbirths, neonatal deaths or permanent and complex disabilities such as cerebral palsy.
Families who have suffered the loss of their child as a result of avoidable medical errors, are entitled to compensation for their pain and suffering.
For babies who suffer an injury causing substantial injuries, including irreparable brain damage, compensation is available to ensure that their complex lifelong care needs can be met.
Proving medical negligence was the cause
In order to access birth injury compensation, it must be proved that the injuries could have been prevented had adequate medical care been provided.
In most birth injury compensation claims, the medical failings identified are numerous. They often include key failings in timely diagnosis or delays in delivering the appropriate care.
Uncovering evidence to substantiate a birth injury claim requires both expert lawyers and independent medical specialists.
Birth injury compensation claims explained
Medical negligence claims involving serious birth injuries are progressed on a no win no fee basis.
This means that parents do not have to worry about financing legal action and only make payments after a birth injury compensation claim has been won.
If a claim is successful, the vast majority of the costs will be paid by the hospital in addition to the compensation; a modest amount will be deducted from the compensation awarded.
Specialist lawyers are highly skilled and experienced in these complex claims. They can advise parents if they have a claim that is likely to be successfully settled.
Instructing medical negligence lawyers with expertise in birth injury claims
Not all medical negligence solicitors have sufficient expertise in birth injury claims. Birth injury claims are complex and hard to prove. Finding birth injury lawyers who specialise in this area of medical negligence is therefore critical to successfully concluding a claim against a hospital.
Working with independent medical experts who are well versed in this field, instructing the right law firm can mean the difference between winning or losing your case.
Make a claim even if one, or even two, medical negligence solicitors have failed
It is challenging to keep fighting when a family has been let down not only by the medical professionals trusted with their baby’s care, but also legal specialists who fail to settle their compensation claim.
In instances when one, or even two specialist medical negligence solicitors have failed to successfully conclude a birth injury compensation claim, it is critical not to give up.
The team of birth injury compensation claims lawyers at Diane Rostron have successfully settled £multi million cases when previous specialist birth injury lawyers have simply given up deciding that a claim had little chance of succeeding.
Peace of mind with a birth injury compensation claim
Parents who find themselves in traumatic circumstances leading to the loss of their baby, or their baby being catastrophically disabled because of medical mistakes, need transparent, honest answers.
Knowing the sequence of events that ultimately caused irreversible injuries is their right. Hospitals involved in serious birth injury incidents do not always provide all the answers, if any at all.
Birth injury claims serve to get to the bottom of what really happened, in detail, providing full answers and some peace of mind for devastated parents.
Robustly defended birth injury compensation claims can still be won
A birth injury claim involving a child that has suffered preventable injuries leading to permanent and complex disabilities such as cerebral palsy, are worth £multi million.
This is the cost of providing lifelong care and support giving the affected child a better quality life.
Given that the cost of losing a birth injury claim is substantial, and proving that medical negligence caused the injury is complex, it is unsurprising that these claims are robustly fought.
Having the right birth injury compensation claims legal experts fighting for your family will help to make the process less daunting, and increase the chance of success.
Types of birth injury
Birth injury claims are for the most serious types of birth injury. This includes when a baby has suffered a lack of oxygen before, during, or just after their birth.
This can result in irreparable brain damage causing permanent cerebral palsy that can affect all four limbs, seriously impacting mobility.
Brain damage at birth can cause other lifelong disabilities which sadly mean that a child will lack mental capacity for the rest of their life.
A birth injury can result in the death of a baby during a pregnancy, or shortly after its birth.
Erb’s palsy is a birth injury type that means that a child’s arm has been injured meaning the partial, or complete loss of mobility.
When to make a birth injury claim
There is a three-year time limit to start a birth injury claim which starts when a child is 18 years old and will expire on their 21st birthday in cases where mental capacity has not been impaired.
When a child has lost mental capacity as a result of their preventable injuries, there is no time limit on pursuing birth injury compensation.
Past care costs will be included in the compensation sought however, it is in a child’s best interests to instruct a solicitor for birth injury compensation as soon as possible.
The emotional rollercoaster following a birth injury
It is completely natural for parents to experience a wide range of upsetting, confusing, and traumatic feelings when their child has suffered a serious birth injury.
Knowing instinctively that something went wrong perhaps because a baby or toddler is not meeting milestones, while also not being given clear answers by the medical professionals trusted with their care, can feel exhausting, overwhelming and daunting.
Support can be found by talking to other families in the same position. Having birth injury solicitors who understand the difficult journey, are committed to securing justice, answers, and birth injury compensation to ease the financial pressure of meeting a child’s complex care needs, will help.
Make a birth injury claim with the right experts fighting your corner
Proving that a birth injury could have been avoided had the appropriate level of medical care been given, is medically complicated.
The process involved in a birth injury compensation claim will take several years to conclude.
When a child is living with extensive disabilities as a result of a serious maternity incident, it involves several independent medical experts.
Instructing the right birth injury lawyers to fight for your family will help make the process easier.
Knowing if compensation can be sought for a birth injury
Birth injury claims are for permanent injuries resulting in the death of a baby or lifelong disabilities.
If an injury was temporary, for example bruising, and a baby has made a recovery with no lasting impact, you cannot claim compensation.
Birth injury claims are for serious, permanent injuries suffered as a result of inadequate medical care.
What happens during a birth injury compensation claim?
Birth injury experts will provide a free initial consultation to find out what happened and to take details of dates and the medical provider involved.
They will ask what has happened since the incident and how medical professionals have responded to date.
Experts in this complex area of law will be able to identify relatively quickly whether you may have a claim for compensation and will request medical records.
Forensic analysis of what happened to identify whether medical negligence has occurred
Birth injury compensation claims are forensically investigated with every detail reviewed. In some cases, medical records are missing, altered, or delayed.
Medical negligence lawyers with a long track record of birth injury claims are well versed in these challenges and have a strong history of winning birth injury compensation despite the obstacles in their way.
The minute by minute details of what happened will be reviewed by legal and medical birth injury experts.
Exposing the truth behind birth injuries
When there has been a serious failing in maternity care, there is often a lack of honesty, transparency and accountability leaving a family with no choice but to make a claim.
Families sadly suffer additional pain and suffering when they are not provided with the reasons behind their child’s injuries which may have caused their death or led to complex disabilities.
Every detail of what happened is reviewed by birth injury experts
Birth injuries compensation claims have to prove that medical negligence caused the injuries in order to secure a fair settlement.
During the investigative process, no stone is left unturned providing families with the detailed, honest answers of what really happened to their child.
The cost to make a birth injury claim
Birth injury compensation claims are usually pursued on a no win no fee basis. This means that the law firm instructed bears the costs of medical experts, any court fees and legal fees unless they win a settlement.
Only if a claim is settled successfully in your child’s favour will costs become payable from the compensation awarded.
When a family decide to make a claim for a serious birth injury, the costs involved when compensation is successfully secured will be fully explained from the outset.
Evidence required to access birth injury compensation
Birth injury claims where a child has been severely, and permanently disabled are worth £multi-million to cover lifelong complex care needs.
In order to access birth injury compensation, it must be proved that the injury could have been avoided if the medical professionals involved had delivered an appropriate level of care.
Birth injury legal experts, working alongside experienced independent medical professionals, will investigate every detail of what happened in order to discover where medical care has failed.
Common birth injuries failings
Birth injuries are often caused by a similar sequence of failings. It is rare for birth injuries to be a result of just one error.
Throughout a pregnancy and birth, medical professionals should monitor both mother and baby carefully, and at regular intervals.
Medical negligence occurs when this does not happen and red flags that the baby may be in distress are missed.
Catalogue of medical negligence errors leading to irreversible birth injuries
Serious birth injuries occur when there are a series of mistakes made. A missed, or incorrect diagnosis leads to inappropriate or delayed medical intervention.
During pregnancy and birth, the baby remains very vulnerable, and changes can occur at any time even when there have been no previous signs that something could go wrong.
A baby being in breech position, showing signs of distress or a common infection, are examples of when timely medical intervention can make a life changing difference.
Lack of oxygen causing significant birth injuries
There are a number of scenarios that can lead to irreversible birth injuries such as brain damage resulting in cerebral palsy.
Circumstances when a caesarean section is the safest option but a natural birth is progressed, or a c-section is delayed, can lead to catastrophic outcomes.
Examples of when a caesarean poses less risk to the baby are if the baby is too large for a natural birth, has become stuck during the delivery, or is showing signs of distress.
These types of emergency situations require urgent patient care from senior medical staff. Some families find themselves in these distressing circumstances with a junior doctor in charge of their care posing a serious risk to their baby.
Living with birth injuries
Parents who face leaving a hospital having unexpectedly lost their baby, or with a baby that has been severely injured, face a difficult future.
For families affected by birth injuries causing irreversible complex disabilities, the course of their life is permanently altered.
Birth injury claims consider every aspect of care required for a child’s entire life. This includes ongoing therapies such as speech and language, occupational and physical therapies.
Carers to support with round the clock care. Expensive equipment such as adaptable wheelchairs, and adjusting or building a new home are all included within the costs calculated.
Purpose of birth injury compensation claims
Birth injury compensation aims to improve the quality of life experienced by a child with severe disabilities caused by medical negligence.
Birth injuries solicitors will understand the practical, financial and physical challenges of caring for a child with substantial disabilities.
When birth injury compensation is calculated, a holistic approach is taken to ensure that a child’s immediate, and long term needs are met.
Birth injuries impact on a family
Birth injuries devastate families with every member of a family affected.
Parents face a challenging new reality and naturally struggle with the demands of meeting their child’s complex care needs.
The demands are relentless, and parents will feel exhausted, angry, depressed, overwhelmed, guilty and many more mixed emotions.
Other children in the family can often suffer as their disabled sibling requires significant time and care from parents.
Meeting other families affected by medical negligence
It helps to know that you are not alone if your family has been devastated following a serious birth injury and you decide to make a claim.
Birth injury solicitors can help put you in touch with other families who have been on the same journey.
Connecting with other parents who are in the same boat, who understand the daily frustrations and challenges of caring for complex needs like cerebral palsy, and who have felt the same rollercoaster of emotions, can help lessen any feelings of isolation.
Birth injury lawyers you can trust
The team at Diane Rostron offer more than 25 years’ experience in complex clinical negligence claims.
They work with an established number of leading independent medical experts and barristers with a long history of securing positive outcomes for families.
Proving a formidable force fighting for families’ rights in circumstances when a baby has died, or is living with serious disabilities such as cerebral palsy due to clinical negligence, the team of parents offer empathetic guidance when you decide to make a claim.
Claim compensation today to improve your child’s quality of life.
