What to do if you suspect a birth injury - Diane Rostron
Baby Sitting on Man's Shoulder

What to do if you suspect a birth injury

It can take some time before a birth injury is suspected. As a child develops, they may miss key developmental milestones or display other symptoms indicating that a serious injury may have occurred before, during or just after their birth.

A significant injury at birth may lead to brain damage, the effects of which can be far reaching and complex. Red flag symptoms to be aware of may include mobility issues, problems with speech and language, challenging behaviour and learning difficulties.

Sometimes, instincts will indicate that something may have gone wrong during pregnancy and birth. If the baby was born floppy, grunting, had skin with a mottled colour or displayed other worrying signs, it suggests that a potentially preventable injury has been suffered.

It is important to raise concerns as soon as you become aware that your child may not be developing as expected, and to understand why.

Contacting the hospital that provided the maternity care in the first instance, should be the first step to gaining answers.

Sadly, families affected by an irreversible injury at birth can often be advised by the hospital who may be responsible that it was one of those things and that nothing could have been done to avoid the outcome which, for some affected families, are catastrophic.

If the hospital involved does not carry out a thorough, and satisfactory, Serious Incident Review, you should consider instructing a specialist birth injury solicitor.

What can I expect when making a birth injury compensation claim?

Compensation is available for children who have suffered irreversible, permanent injuries as a result of suspected medical negligence. Due to the complex needs of children affected by a serious birth injury, compensation claims are worth £multi-million.

The legal process can be lengthy as these are complex cases and the law as it stands, places the burden of proof on families. It is essential to instruct both a solicitor that you feel comfortable with (they could be involved in your family’s lives for many years) and a lawyer who specialises in this area.

These claims take a minimum of two years, but it is not unusual for some cases to last several years before concluding – your solicitor will explain at each stage of your claim if you decide to progress.

Proving that a birth injury could have been avoided had the appropriate medical care been provided, is challenging and requires the best medical and legal minds to get to the truth of what happened.

Our team of birth injury experts work with leading barristers and independent medical specialists to identify any critical delays, inappropriate action or other medical failings during the pregnancy and birth which may have caused the injury.

How much will it cost to make a birth injury claim?

Our team will discuss funding options with you from the outset. We can offer many families a no win no fee arrangement which means that you can pursue justice for your family and pay nothing if we do not succeed in securing a compensation settlement.

How can I fund my child’s complex birth injury related needs?

We understand that children who have suffered a permanent injury following a suspected birth injury have extensive needs. This may include specialist wheelchairs and other equipment, a range of regular therapies, professional carers and other costs.

We often secure interim payments during legal proceedings to provide for a child’s needs while a resolution is sought.

How do I choose the right birth injury solicitor?

Birth injury claims are extremely complex and require both an experienced team of specialist solicitors, and solicitors with existing relationships with the right independent medical experts.

A forensic, and meticulous, approach to investigating these claims is required to achieve a positive outcome.

The following checklist will help you decide on who to instruct to pursue your birth injury claim:

  • Does the solicitor specialise in birth injury claims or are they general medical negligence or personal injury lawyers?
  • Are they knowledgeable about this complex area of law offering several years’ of expertise?
  • Do they have a strong track record of winning birth injury compensation claims?
  • What do their birth injury claims clients say about them?
  • Are they empathetic and prepared to give you time to process what has happened to your family and support you every step of the way?
  • Have they explained the legal process and what is involved in making a birth injury claim clearly?
  • Do you feel comfortable with them?

If you are concerned that your child is experiencing difficulties and other tell-tale signs that something may be wrong, and you suspect that this may have been a result of medical care that fell below acceptable standards, our team of birth injury specialists are here to listen, and to help.

Why should I instruct Diane Rostron?

Diane Rostron leads an empathetic team of knowledgeable birth injury experts. She offers in excess of 25 years’ experience in this complex area of law. She is recognised by Legal 500 as one of the leading birth injury specialists in England and Wales, ranked side by side with large national specialist law firms.

She has a strong track record of winning cases despite the challenges including:

A strong advocate for families, Diane Rostron and her team are committed to fighting for families and gaining the answers that they deserve.

To hear what our clients say about working with us, click here.

To contact the team for a free initial consultation, click here.

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