The devastating impact of a brain injury can often leave parents wondering how they are going to pay for the rehabilitation, home adaptations and lifelong care that their child needs. The good news is that families affected by these serious medical errors, which happened before, during or just after the birth of their child, could be entitled to compensation.
The incidents that lead to a baby suffering an irreversible brain injury can be different in each case. Sometimes brain injuries can happen before birth and several things increase the risk of this. It is essential, therefore, that both mother and baby are carefully monitored throughout pregnancy and birth.
To start a compensation claim today, or for more information simply complete the form below.
Hypoxic brain injuries (when the brain is starved of oxygen) which may also lead to cerebral palsy, affects approximately 1 in 400 babies born in the UK. Brain injuries can cause a range of problems in a child’s development, from poor coordination to difficulties with speech. The issues can range from mild to almost completely debilitating and the impact on your child and family can last a lifetime.
Many parents worry about the challenges that they will face, and how their children will cope in the future when they reach adulthood. Claiming medical negligence compensation to meet a child’s complex lifelong needs provides peace of mind.
Diane Rostron and her team of experts specialise in birth injury claims. They are experts at getting the compensation that you need. The empathetic team understand the effects of trauma on the whole family. Brain injury claims are complex and it is best to ensure you have the right medical and legal experts from day one. Some solicitors may struggle to find the evidence required to prove the injuries were a result of avoidable medical errors. However, Diane’s team is meticulous in its investigations, ensuring that no stone is left unturned.
The team is renowned for securing multi-million-pound settlements for families where there has been a case of brain injury due to medical negligence. However, the team is also there to support each client, putting them in touch with charities and groups that can advise families and help children learn how to live and grow with their brain injury.
The team’s support could include help with equipment and accommodation or advice on therapies and medical care. The team takes a holistic approach meaning families feel supported during, and after, the legal process.
Diane Rostron and her team understand the anguish and apprehension that families go through when they have a child with a brain injury and they are considering claiming the compensation that their child is entitled to. One of their caring, compassionate professionals will be able to advise you on the process, and the steps involved to get that vital compensation. The cases are handled on a no-win, no-fee basis ensuring that legal costs are only paid once compensation has been secured.
Leading birth injuries specialist Diane Rostron has more than 25 years of experience in representing clients who have suffered preventable brain injuries. She understands the difficulties of dealing with a seriously injured family member and her aim is to provide support that goes above and beyond the actual claim.
Diane Rostron is Law Society accredited in clinical negligence and recognised for quality standards and leading expertise in the sector. She is described as “committed, determined and sympathetic” by Legal 500. However, it is her approach to dealing with families that make her stand out – her approach is not just about the compensation, it is about working with families to ensure that they have everything in place moving forward.
Her team of experts are known for their warmth and empathy and they have a strong track record of securing the compensation needed to meet the needs of families affected by medical negligence – even when other law firms have failed.
If you need advice on claiming a brain injury at birth in Wolverhampton or the surrounding area, the team at Diane Rostron is here to help. Talk to one of our specialist solicitors in complete confidence today at 01253 766 559 or by emailing at **@*******co.uk.
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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Complex birth injuries specialist, 30 years' expertise. Recognised by Legal 500 as leading expert.
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