If your child was injured before, during or shortly after their birth, it may have left them with health issues that could last their whole life. They are likely to need a lot of help and support as they grow up and may need special assistance for the rest of their lives.
Caring for a child with complex needs can be a real challenge for your family – you may even have to give up work in order to care for your child full-time. While the full impact of your child’s injuries may not be apparent for several years, you should start thinking about how you will support them as soon as possible, so they do not miss out on the help they need.
Claiming compensation is often the only way most families can cover the extensive costs involved in helping a child living with a birth injury to live a full, happy life. It can also take the financial strain off your family, allowing you to focus more on being a parent, not a carer.
It is normal to feel confused, upset and intimidated when dealing with such a difficult situation. Getting the right legal advice as soon as possible can make your situation much clearer, giving you the confidence to make the right choices for your child and family.
To arrange a confidential consultation with our friendly, highly experienced birth injury 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.
Birth injury claims are not simple or straightforward to sort out and can put a huge strain on your family. To give you the strongest chance of winning fair compensation and to make the claims process easier on your family, you need the best possible representation.
Diane Rostron and her team of experts are recognised as one of the leading medical negligence lawyers specialising in birth injury compensation claims in England and Wales. She is accredited by the Law Society for Clinical Negligence, recognising her exceptional expertise in representing people injured as a result of negligent medical care.
She is also recognised as a leading practitioner in England and Wales in Legal 500 which describes her as “committed, determined and sympathetic.”
With more than 20 years of experience in this complex field, Diane has an exceptional track record of securing multi-million-pound settlements, including in cases where other solicitors have previously failed.
Combining a detailed understanding of birth injury claims with warmth and empathy, Diane is able to make claiming compensation feel much simpler and less stressful while offering the steely determination and robust representation needed to secure damages in even the most fiercely defended cases.
Over the years, we have secured substantial compensation for birth injuries such as:
When you work with us, we will get to know you and your family, building a personal relationship that lasts a lifetime. We will make sure your child gets all of the support they need and that you receive the emotional and practical support you need during this difficult time for your family.
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Where your child’s injury was caused by medical negligence on the part of the team handling their birth, you will be able to claim compensation.
This compensation can be used to cover any costs associated with your child’s injury, including paying for medical treatment, 24-hour care support, home adaptations and specialist equipment, as well as covering basic living costs.
For serious birth injuries, the available compensation can run into millions of pounds.
Birth injury claims can be very complicated and difficult to prove, typically taking years to resolve. For a successful claim, you will need to be able to prove that your child suffered an injury at birth and that this was the result of negligent medical care.
Due to the high value of many birth injury claims, they are normally strongly defended by NHS Trusts and other medical organisations.
Various types of evidence will be needed to support your claim, including medical records, witness testimony and independent medical evaluations. It is also likely your claim will go to court, so you will need a legal representative with exceptional advocacy skills to argue your case effectively.
It is therefore essential to have the support of a specialist legal team with a strong track record of successfully winning compensation for families like yours.
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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Birth Injury Solicitors | Diane Rostron
www.dianerostron.co.uk
Diane Rostron is a specialist medical negligence solicitor with more than twenty years experience of dealing with the most complicated birth injury claims.
