Serious failings in maternity settings across England and Wales are being increasingly exposed with families in Shropshire and Nottingham, to name just a couple of examples, taking matters into their own hands to ensure that they get answers.
The law already places the burden of proof on families affected by suspected medical negligence during a pregnancy, or their child’s birth and neonatal care, before they can access the compensation that their child needs.
It should not be down to the families who find themselves unexpectedly caring for a severely disabled child, and grieving for the healthy child they should have had had they been given adequate medical care, to fight for transparency from their local maternity unit.
Irreparable brain damage at birth
Compared to many countries worldwide, the UK remains one of the safest in which to have a baby. In a relatively small number of cases however, babies suffer irreversible brain damage as a result of a serious injury which occurred before, during, or just after birth that simply should not have happened.
NICE guidelines should be followed as best practice by midwives, obstetricians and doctors who should also listen empathetically to families when they raise valid concerns.
Sadly, our team of birth injury specialists see all too often that this does not happen.
Mothers who instinctively feel that something is not right, are too often dismissed. They are all too often not listened to.
Signs that a baby is in distress are all too often not picked up in time, or not picked up at all, leading to a lack of oxygen and brain damage that cannot be repaired.
The signs of brain damage at birth
For some families, the red flags of a serious birth injury are apparent soon after their child is born. Grunting sounds, mottled skin and a baby that is floppy are all distressing symptoms of significant brain damage at birth.
For other families, the signs do not become apparent until their baby starts to noticeably miss key milestones. The journey to a diagnosis can be long, lonely and frustrating.
What some may not be aware of, is that compensation for preventable brain injuries suffered before, during or just after a child’s birth can be sought before an official diagnosis is confirmed.
Lifelong, and life impacting, disabilities can take years to fully diagnose
It can be very challenging, and disheartening, for families to have to wait years, not only to find out what happened to cause their child’s difficulties, but also to find out the extent of their disabilities.
Having a confirmed diagnosis of cerebral palsy for example, will help to identify the scope of a child’s disabilities and the correct care and support needed.
Instructing specialist brain damage at birth solicitors as soon as a family starts to suspect that something is seriously wrong, and may have been caused by medical negligence, is strongly recommended.
Leading solicitors will provide legal representation on a no win no fee basis. They will also have the expertise to very quickly identify whether an incident may have been avoided with better medical care before proceeding.
Interim payments to support a brain damaged child
Starting a claim for compensation as early on in a child’s life as possible means that families can access interim payments. This removes some of the financial pressures and help cover the cost of the additional care and support needed to meet their child’s complex needs.
Interim payments can be secured when the right brain injury solicitor is instructed to pursue a birth injury claim. Families can receive this support during legal proceedings which can take an average of seven years to conclude.
Birth injury claims are complex, hard fought by the NHS, and can take time to fully calculate the lifelong costs of meeting a brain damaged child’s needs as they grow into adulthood, and for the rest of their lives.
Causes of brain injuries
A baby can suffer severe brain damage in a number of different scenarios. A pregnancy can go perfectly well with an uneventful labour. In some instances, the very common, and easily treated infection Group B Strep can be passed from mother to baby and is symptomless.
A failure in medical staff diagnosing a Group B Strep infection, and providing timely treatment, can result in an irreparable brain injury.
It is not unusual for a baby to be in breech position (feet facing down) before their birth. NICE guidelines provide safe manoeuvres to ensure a harm free delivery. When best practice is not followed, or not followed correctly in this emergency situation, a traumatic brain injury becomes a serious risk.
In some circumstances when a baby is recognised as being in breech position, the safest next steps may be a caesarean section. The failure to act correctly, safely and quickly, can lead to situations when a baby’s shoulder gets stuck for a prolonged period resulting in their brain not receiving enough oxygen.
The most common cases resulting in serious birth injuries include a lack of informed consent to decide whether a vaginal delivery or a c-section is the safest option; medical staff failing to interpret a CTG correctly and act quickly; failing to recognise a large baby before proceeding to a natural birth which can lead to the baby getting stuck; medical professionals failing to advise a mother following reduced baby movements.
Long lasting effects of infant brain damage
Severe brain damage can have a wide-reaching impact on a child. This may include cerebral palsy – with the most serious type being cerebral palsy limiting the mobility of all four limbs – to learning difficulties, behaviour issues and epilepsy.
Brain damage suffered before, during or just after a child is born, will impact every aspect of their mental and physical health and wellbeing.
A traumatic brain injury will almost certainly mean that a child will always lack mental capacity and will remain a vulnerable party, requiring significant support, for the rest of their lives.
Brain damage and healthy siblings
Brain injuries will impact the siblings of the affected child dramatically. As parents are all consumed with meeting the complex needs of their disabled child, including arranging and attending multiple appointments, other children in the family miss crucial time and attention from their parents.
The heavy weight of guilt felt by parents in these situations is sadly normal. The depth of the trauma experienced when a baby suffers severe brain damage is felt by every family member, every day.
Family life following infant brain damage
The lives of families following serious brain injury incidents are changed forever. Getting the family organised for a day trip for example, can mean careful planning and limited options.
Consideration around wheelchair access and nappy changing facilities when a child is no longer a baby, can make it impossible to enjoy many of the normal family activities.
Brain injuries not only rob a child of the normal life experiences they should have had such as having a relationship, being able to work and live independently, but also take away many of the wider family’s choices and options.
Supporting families following medical negligence causing brain damage
Families in these difficult circumstances are entitled to claim substantial compensation for their child.
Pursuing compensation following suspected brain damage at birth not only helps to identify exactly what happened and why, but also ensures that compensation is secured for peace of mind giving parents the reassurance that their child’s extensive needs can be catered for, and met well.
Carefully choosing the right team of brain injuries lawyers is crucial as they will be with you every step of the way. Taking legal action is not easy as brain damage at birth claims are worth £multi-million and are therefore robustly defended by the NHS.
What are the chances of winning a brain injury compensation claim?
These types of claims are not easy to prove, nor win. Infant brain damage is complex and requires real legal experts with relationships with leading independent medical specialists.
The medical knowledge needed is extensive in order to prove that an injury could have been avoided with better medical care.
An experienced brain injury solicitor will be able to advise very early on in the legal process if they do not believe that medical negligence is the reason for a child’s brain damage. They may also advise at the earliest opportunity if it would medically be very difficult to prove and subsequently, unlikely that compensation can be secured.
Not giving up if a law firm rejects or drops a brain damage claim
Families should not give up however, if one, or even two, law firms have given up, or failed to deliver the required evidence.
If a child has suffered brain damage causing them to lose mental capacity, there is no legal time limit to pursuing a brain damage compensation claim – and no reason why a new brain injuries lawyer cannot be instructed if a previous firm has failed to reach a settlement.
Brain injury claims are costly to pursue with law firms covering the costs until a claim is settled, some firms therefore will have a policy of only pursuing claims that are considered to have a very high chance of winning.
Other firms will not shy away from a challenge having pursued, and won, cases in instances when other leading specialist law firms have decided to discontinue a claim.
Being prepared for the brain injury claim process
It is important to be as prepared as possible for the process of making a brain injury claim. A substantial chunk of all medical negligence compensation claims are paid out for brain injury cases.
Given that children who have suffered brain damage require significant lifelong care and support, the cost of meeting their needs runs into several £million.
NHS solicitors will robustly defend allegations that its medical staff failed to deliver adequate care and that their failings caused the brain injury.
This will be a challenging journey for parents whose instincts will be put into question. With the right brain damage solicitors instructed, the lengthy process will feel less daunting.
Receiving an apology following infant brain damage legal action
Families sadly do not always receive the apology they seek from the individuals believed to be responsible for their child’s brain injury which may have caused cerebral palsy, and other permanent disabilities.
More and more hospital maternity units are being held to account for preventable infant brain damage. Sometimes, NHS Trusts may agree to settle an infant brain damage claim without accepting responsibility for causing it.
This can be extremely difficult to accept as families rightly want a human response to their child’s catastrophic brain damage.
Lack of transparency after brain damage is suffered
When a child is born and it is discovered that they have permanent brain damage, families naturally expect answers.
It is a human right to have explained, in simple terms, why a baby has been born with irreversible brain damage.
It is necessary to understand the circumstances that have led to the brain damage and what this will mean for a child’s future to allow families to prepare themselves and put in place the right support.
This basic right is often not afforded to families in these situations, and they may be told that their child’s brain damage was ‘one of those things’.
The legal process delivers answers and the right compensation amount
Having the right team of infant brain injury experts fighting your corner will uncover the answers needed. The right birth injuries team will secure the compensation to ensure that a child with preventable brain damage will have their lifelong complex needs met with quality care.
Oxygen deprivation is the leading cause of infant brain injuries however, there is often a complex chain of events when brain damage occurs.
Leading birth injuries lawyers, working with independent experts for professional medical advice, will forensically investigate whether oxygen deprivation has taken place. They will be able to detail to families how their child acquired brain injury.
They understand how traumatic a birth injury is for the whole family. They will fight infant brain injuries cases robustly, and fearlessly, while supporting the family emotionally.
Calculating the full costs of care after an avoidable acquired brain injury
A child who has suffered brain damage just before, or during their birth, or a neonatal brain injury will require a wide range of costly care, equipment and home adaptations.
In order to fully quantify the right amount of compensation for infant brain injuries, a formal diagnosis and other medical evidence is needed. Infant brain injury lawyers will meticulously calculate the cost of fully meeting a child’s lifelong needs giving parents peace of mind.
This of course has to be agreed at the concluding stages of infant brain injury claims, and subsequently approved in court.
Starting an acquired brain injury claim
Starting a brain injuries claim for compensation if you suspect that your child’s disability, including cerebral palsy, might have been caused by medical negligence, is quick and easy.
Our team of leading birth injury lawyers are here to listen, and to help. Let us know the best time and day to contact you and we will gather some details about what happened and will guide you through the brain injury claim process.