Cerebral Palsy Solicitors In Brent

How cerebral palsy affects a family differs from case to case. Some children will experience milder symptoms while others may almost be completely debilitated by the condition. 

For those with severe disabilities, life can be extremely challenging, meaning that extra care and, in some cases, specialist equipment are required to live from day to day. Sadly, creating even a basic, acceptable quality of life for children with CP can be extremely costly and testing.

In some cases, cerebral palsy could have been avoided if it has been caused by medical negligence occurring before, during or just after a child’s birth. These preventable errors, ranging from delayed medical intervention to inappropriate monitoring of both mother and baby during pregnancy and birth, can result in significant injuries including damage to the baby’s brain. 

Children living with cerebral palsy can experience a range of difficulties including sensation, vision, hearing, swallowing, speech, movement and coordination. In many cases, this can make “normal” living inaccessible.

Spotting the symptoms of cerebral palsy in your child can sometimes be difficult to do initially as the signs can develop as your child gets older. 

Babies with cerebral palsy may miss key developmental milestones so you may notice that they do not roll over, crawl or walk as quickly as other children of a similar age for example. Of course, these symptoms may be indicative of other things so it is advised to seek the advice of a relevant healthcare professional for a reliable diagnosis.

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

holding hands

There are a number of issues that can result in birth injuries leading to cerebral palsy due to medical negligence. Often, we sadly see that our clients have been failed by medical professionals on multiple counts which may include:

  • Natural labour is allowed to continue for too long when medical intervention, such as a caesarean section, would have been the appropriate action
  • the baby’s heartbeat is not properly monitored
  • an inadequate number of cardiotocography (CTG) traces are carried out
  • CTG traces are interpreted incorrectly and subsequently, there is a failure to deliver the appropriate medical care
  • the nuchal cord (umbilical cord wrapped around the baby’s neck) is not dealt with properly or in a timely manner
  • a caesarean section is inappropriately delayed
  • signs of foetal distress (such as meconium) are missed and therefore necessary, and timely, medical intervention does not take place
  • inappropriate delivery methods used during natural labour leading to serious injuries such as oxygen deprivation
Baby's Feet

If any of the above birthing issues ring true for you, and your child suffered a birth injury leading to cerebral palsy, you may be entitled to compensation. If you need advice on claiming medical negligence leading to cerebral palsy compensation in Brent, get in touch with our specialist team of cerebral palsy solicitors today, either by phone at 01253 766 559 or by email at **@*******co.uk.

Cerebral palsy compensation claims are complex and pursuing a claim can prove to be quite an emotional rollercoaster. It can take time to gather all the necessary evidence when working with independent medical experts and robust negotiation before a fair settlement is reached.

Diane Rostron and her team of cerebral palsy solicitors understand that families in these situations have already suffered significant trauma. We ensure that families are supported every step of the way through to settling their claims and beyond. This includes facilitating access to the correct information and relevant healthcare professionals to support their child’s complex needs. Each client can be assured of compassionate, and transparent, service and emotional support.

Baby Holding Its Parent Finger

With in excess of 25 years of experience in this specialist and complex area of law, Diane Rostron is Law Society accredited and has been recognised as one of the leading medical negligence solicitors in England and Wales. She believes that “it is not all about a claim. Families need local authority help, equipment, accommodation and therapies.” The team at Diane Rostron work with you and for you, to ensure that you are supported during every step of the process.

With a strong track record of securing multi-million-pound settlements for families living with cerebral palsy as a result of medical negligence, Diane Rostron and her specialist team are the right choice of solicitor to deal with your complex cerebral palsy, medical negligence claim. Birth injury compensation is available to assist children and their families – giving them a better quality of life and peace of mind that they will be provided with lifelong support and care.

As more NHS Trusts come under public scrutiny for failing to deliver appropriate levels of care in their maternity units, now is the time to claim compensation if your child has been affected by cerebral palsy due to clinical negligence.

Baby holding finger

 

Finding out if your child could be due compensation is just a phone call away. Talk to our expert team of solicitors today if you believe that you have a child with cerebral palsy due to medical errors. If your child’s mental capacity has been impaired by CP caused by medical negligence, there is no time limit for you to bring a claim on their behalf.

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What to expect through your birth injury claims process

Initial Appointment With Our Team

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.

Building Your Case

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.

Sending a Letter of Claim

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’s Response

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.

Issuing Court Proceedings

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.

Court Timetable

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.

Settlement Negotiations

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.

Trial By Judge

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.

Quantification Of Your Claim

 

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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Diane Rostron at Addies Solicitors

Diane Rostron at Addies Solicitors

Complex birth injuries specialist, 30 years' expertise. Recognised by Legal 500 as leading expert.

A family is entitled to know exactly what went wrong following the unexpected death of a baby before, during or just after their birth.When clear and transparent answers are not provided by a hospital, and a family believe that medical care may have not been adequate, the legal route is available.A birth injury claim following the loss of a baby in unclear circumstances can provide the answers and justice a family deserves. Read more on our website and contact our experts today.dianerostron.co.uk/stillbirth-neonatal-death-claims#stillbirth #babyloss #maternity ... See MoreSee Less
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Alison tragically lost her first child, a daughter, to avoidable medical errors. Hear more about her journey to secure justice for her family on our website.dianerostron.co.uk/medical-negligence-stories/birth-injury-baby-death-alison/#neonataldeath #babyloss #maternity ... See MoreSee Less
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Group B Strep is a common infection carried by mothers that can be passed to their baby during their delivery.Timely treatment can prevent this symptomless infection from causing permanent brain damage.Read more on our website, including your legal rights if you believe that your hospital has caused your baby avoidable harm.dianerostron.co.uk/group-b-streptococcus-claims/#GroupBStrep #cerebralpalsy ... See MoreSee Less
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Start Your Journey Today

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