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Group B Streptococcus Claims

Group B Streptococcus Claims

If you believe that your child has suffered a significant birth injury due to medical negligence including the misdiagnosis or delayed treatment of a Group B strep (GBS) infection, you may be entitled to compensation.

We have in excess of 25 years’ experience of complex birth injury cases including Group B strep claims, when medical professionals have failed to provide adequate care leading to an avoidable, irreversible birth injury. We can help you to get the compensation that your child may be entitled to. 

What is Group B strep (GBS)?

GBS is a common, and symptomless, bacteria that approximately 20 – 40 per cent of women in the UK carry. There is a small risk that this bacteria can be passed onto the baby during childbirth.

Most babies with a Group B strep infection will make a complete recovery if it is diagnosed and treated in a timely manner. However, if inadequate medical care is provided, there are possible complications of GBS including meningitis, which is an infection of the lining of the brain, pneumonia, and sepsis. This can lead to a significant, and permanent, brain injury and other complications if not caught and treated quickly.

Although entirely treatable, a Group B strep infection can also result in a baby’s death in a small number of cases. 

Has Your Child Suffered GBS Complications Due To Medical Negligence?

If your child has permanent injuries due to medical negligence in relation to a GBS infection, you could be entitled to compensation.

The risk of a complication arising can increase considerably if your baby is not given the level of medical care they should or if the condition was not diagnosed as quickly as it should have been.

If GBS is left untreated, it can result in neurological disability, meningitis, sepsis, and possibly even death. This showcases how time is of the essence when it comes to this condition. If GBS was not diagnosed and treated in a timely manner, your child could have grounds for making a compensation claim to help you meet their complex needs.

Our team have a strong track record of securing £multi-million settlements for families whose child has suffered an irreversible, and extensive, injury as a result of inadequate medical care. 

During the course of her birth, Hannah acquired a Group B strep infection which was not treated in time. This resulted in septicemia and meningitis, causing permanent, irreversible brain damage. To hear more about Hannah’s story click here.

Securing compensation to help your child with the lifelong impact of a GBS infection that is not diagnosed nor treated in a timely manner

The lifelong impact of a GBS infection that leads to irreversible injuries will impact every aspect of a child’s life. This is why securing compensation is so important if medical negligence is to blame for what has happened to your child. 

Compensation is available for families in these circumstances and when it can be proved that the injuries were avoidable:

Time limits for making a claim for GBS negligence

The legal time limit for making a claim for most personal injury cases is three years. This means you have three years from the date of the injury, or the date you first became aware that the injury occurred as a consequence of medical negligence. 

There are exceptions when the injury is suffered by a child, however. If your child has suffered irreversible injuries and you believe that this could have been avoided had the appropriate medical care been provided, you have three years from when your child turns 18 to make a claim.

If your child lacks mental capacity as a result of their injury, there is no time limit to starting a claim for compensation. Our team have recently settled a number of historic birth injury claims decades after the incident.

While there is no time to waste when it comes to pursuing compensation, if you have missed the three-year deadline, please do not hesitate to give us a call to find out whether you can still make a claim.

Diane Rostron: Birth injury solicitors you can count on

If you are interested in making a Group B strep claim, our team of specialists will work tirelessly to make sure that you have the best chance of securing the compensation that your child needs.

We recognise that this is an incredibly difficult period for you and your family. We are here to listen, and to help, and offer honest and transparent legal advice and support. 

Contact us today for more information about Group B streptococcus claims

If you would like to make a Group B strep claim, or you have any questions about doing so or the service we provide, please do not hesitate to get in touch with our team today for more information. 

We know that this is an incredibly difficult time for you, and we have a friendly, professional, and compassionate team, who are more than happy to answer any queries you may have and guide you through the claims process.

If you would like to discuss your child’s preventable birth injury or find out more information, please do not hesitate to give us a call on 01253 766 559 today.

What People Say About Us

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 with 25+ years' expertise. Recognised by Legal 500.

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