Brain Injury At Birth - Diane Rostron

Brain Injury At Birth

Every parent looks forward to the birth of their child and the moment that they can meet their child for the first time. But what should be a moment of joy and happiness can turn into a nightmare if your baby suffers a preventable brain injury. Our team of brain injury experts understand that brain damage that occurs before, during or just after birth can have devastating consequences for the whole family. We understand that managing the complex needs of your child can feel relentless and both emotionally and financially costly.

Every parent wants to provide the very best for their child however, meeting the extensive care needs of a child who has suffered a brain injury is beyond the practical and financial means of most families. Help is available and our team of specialists are here to support you every step of the way. We have a strong track record of securing £multi-million settlements for families in these sad circumstances with over 25 years’ experience in this complex area of law. 

When the injury could have been prevented had the appropriate level of medical care been provided, you are entitled to compensation to help meet the needs of your child – both now and in the future.

To start a brain injury at birth claim, please get in touch with our medical negligence solicitors by calling 01253 766 559 or completing this form.

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

How can a brain injury affect my child?

A significant, and irreversible, brain injury will have a profound impact on the whole family. Some of the conditions that occur as a result of this serious injury include:

  • Learning disabilities
  • Behavioural issues
  • Cerebral palsy
  • Epilepsy

How does a brain injury at birth occur?

Brain injuries that occur before, during or just after birth are thankfully rare. When these incidents occur, it can be due to medical errors which could and should have been avoided. This can include inadequate monitoring of mother and baby during pregnancy and labour; delayed medical intervention; a failure to make a correct diagnosis or often sadly, a failure to provide medical staff of the appropriate seniority to deliver the necessary care.

Our team of brain injury experts carefully review your hospital records and work with some of the best medical experts to gain a better understanding of what happened to your baby to determine whether it should have been prevented.  Our expertise in these complex matters gives families the best chance to gain both desperately needed answers, and the compensation that your family is entitled to to make life a little easier.  

We fight to secure the compensation that your family needs to cover the extensive costs of meeting your child’s care needs. This includes a range of specialist therapies, equipment, carers and home adaptations. We consider your child’s lifelong needs to provide you with the peace of mind that they will be looked after both now and in the future.

How do I know if my baby suffered a brain injury at birth?

In some cases, there are clear symptoms that indicate something is seriously wrong. This can include your baby being floppy after they are born or they may have been making grunting noises. In other cases, it takes some time before the injury is discovered or the full impact is realised.

There are some tell-tale signs to look out for. Your child may develop neurological problems or miss key milestones. A child with brain damage can find it hard to control their limbs or bodily functions for example or have cognitive and behavioural issues. A brain injury at birth claim does not have any time limit if the child has lost mental capacity as a result. If mental capacity is unaffected however, you have three years from your child’s 18th birthday to make a brain injury claim. If you have been injured during your child’s birth, you have three years from the date of the injury or date of knowledge of the injury to make a claim.

Hear more from the families that we have represented

Liam is a young man who was starved of oxygen at birth and developed cerebral palsy as a result. The £multi-million compensation we secured helped equip Liam’s family and home to cater to his complex needs to help him have as fulfilling a life as possible. You can hear more about Liam’s story here.

For updates and to read our comments, read our news and blogs or follow us on Facebook or Twitter.

Liam Home

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.

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Start Your Brain Injury At Birth Claim Now

If you suspect that your child suffered a preventable brain injury at birth, we can help. You can contact our team of medical and legal brain injury experts for a free initial consultation by calling 01253 766 559 or completing the form below.