Hospital errors when the outcome is permanent serious injuries, are life changing, traumatic and devastating.
Making a medical negligence claim in these circumstances can provide a lifeline with access to much needed compensation for the pain and suffering, the cost of care, equipment, and other requirements as a result of the harm caused.
When to contact medical negligence solicitors
The consequences when medical professionals fail to provide adequate care and patient safety, may not be obvious immediately.
The full extent of the harm caused, for example in brain injury at birth cases, may take some years to fully diagnose.
Starting medical negligence claims as soon as possible
Starting a claim, for compensation as soon as medical negligence is suspected, is important as the legal process can be lengthy when the injuries sustained are lifelong and complex.
Approaching the hospital involved for answers, and waiting for a response, should not delay instructing medical negligence solicitors.
How to find the best medical negligence solicitors near me
When you suspect clinical negligence may have caused significant harm such as a birth injury leading to cerebral palsy, instructing medical negligence solicitors is an essential step.
Finding the right medical negligence team for your family should not limit you to the law firms in your home location.
There are many generalist solicitors who may take on medical negligence cases.
For complex compensation claims such as injury at birth incidents, finding a true specialist, regardless of their location, will significantly improve the outcome of your clinical negligence claim and the compensation award.
Will my compensation claim affect my child’s medical care at the same hospital?
When a child has suffered a serious injury at birth leading to lifelong disabilities such as cerebral palsy, they will require regular medical care and therapies.
Families can be assured that they can continue expecting ongoing medical care for their child at the same hospital suspected of medical negligence before, during or just after their birth.
The ongoing medical care will not be impacted if a medical negligence claim is made in relation to an earlier incident.
Watch leading expert Diane Rostron answer this frequently asked question.
How much compensation can we expect?
A specialist medical negligence team will be able to provide a rough estimate of the value of your compensation claim early on in the process.
Birth injuries involving a permanent brain injury leading to cerebral palsy for example, are likely to settle for several millions of pounds.
The compensation in negligence claims is carefully calculated to cover the cost of the injured person’s needs as a direct result of the avoidable harm suffered.
How do I know if a birth injury has occurred?
When a baby has suffered significant harm before, during, or just after their birth, some obvious symptoms will be present.
Serious harm, such as a brain injury, will present as a floppy baby, they may make noticeable grunting noises and have mottled skin.
Staff behaviour during medical procedures
Parents in these traumatic situations often report sensing some panic amongst the medical professionals involved in their baby’s delivery.
Another sign that may indicate that medical negligence caused an injury that should, and could, have been avoided is a lack of clear, and transparent answers.
Can I start a medical negligence claim if I am unsure about what happened?
You can start a medical negligence claim even when you have not been provided with any answers from the hospital involved in your maternity care.
It is very common for parents who have expressed concern that their baby’s missed milestones may be linked to a birth injury, to have nothing more than suspicions that medical negligence occurred.
Medical negligence lawyers collating the evidence required
Specialist medical negligence solicitors, with expertise in complex birth injury claims, will ask for details of what happened and will advise on whether you may have a claim.
If they believe that there may be a case, they will request your medical records.
They will investigate every detail of the medical care provided to find the evidence needed to support a successful clinical negligence claim.
What is needed to receive a compensation award?
A medical negligence claim involves proving that a serious injury could have been avoided if better medical care was given.
In pursuing a compensation award, clinical negligence solicitors will sadly often uncover a series of errors and incorrect treatment.
Detailed review of the events leading to medical negligence cases
The investigation to get to the truth will look at what happened, when, and by whom, with a detailed minute by minute account highlighting where significant mistakes were made.
It is therefore essential to instruct a specialist in complex clinical negligence cases.
This will increase the chance of a successful medical negligence claim resulting in the right level of compensation.
Should I pursue a compensation award if a solicitor has dropped my medical negligence claim?
If a medical negligence claim as a result of a birth injury has been pursued by clinical negligence solicitors who subsequently decide to drop the case before it concludes, you should still seek a second opinion.
Injury at birth claims are a complex area of law. Not all law firms have the correct level of specialist expertise, nor relationships with leading independent medical specialists and barristers, to successfully settle medical negligence cases.
Clinical negligence solicitors you can trust
The team at Diane Rostron have obtained compensation awards for several millions of pounds for families failed by one, and in some cases two, previous law firms.
With extensive experience in injury at birth claims, our team can advise whether you are still within the legal time limits to make a claim, and whether they believe you have a chance of winning.
I can’t afford to pay for medical negligence solicitors, can I still claim?
Medical negligence claims are investigated on a no win no fee basis. This means that you do not need to pay legal fees unless, and until, your solicitor has obtained compensation.
This ensures that all families impacted by birth injuries have access to justice, and the answers and compensation that they are entitled to.
For more information about funding your medical negligence case, visit our funding page.
Can I start a clinical negligence claim if my disabled child is now an adult?
If a child has lost mental capacity as a result of suspected birth injuries that may have been prevented, there is no time limit to making a medical negligence case for compensation.
The medical negligence team at Diane Rostron have successfully secured several millions of pounds for historic birth injury incidents, despite some historic medical records being lost.
A clinical negligence claim in these circumstances will include a calculation of past care costs starting from the individual’s birth, and for the rest of their life.
What is a compensation claim for?
Your clinical negligence team will explain each step of the legal process to you alongside getting to know the injured party, and their needs, well.
When enough evidence has been gathered to prove that medical negligence caused a serious permanent injury, your medical negligence experts will carefully calculate the correct compensation to be sought.
What is included in how much compensation is provided?
This will include the cost of care, specialist equipment such as wheelchairs, and adapted accommodation or a new home if this is more appropriate.
All the details of a serious incident, and the resulting care needs, will be carefully considered.
How do we manage our child’s complex needs during our clinical negligence claim?
Medical negligence experts are very aware that a child that has suffered serious harm due to negligent treatment will have multiple immediate needs.
The legal pursuit to finding out exactly what went wrong, and proving that significant harm could have been avoided with better medical treatment in order to access much needed compensation, will take time.
Clinical negligence lawyers will secure an interim payment to help meet the short and medium term care needs so that the affected child can receive the quality of support required.
Will our medical negligence claim remain anonymous?
Medical negligence claims, particularly those resulting in life changing injuries and where there has been sizeable compensation awarded, are likely to attract media attention.
Vulnerable parties however, such as babies whose mental capacity has been impacted, are increasingly protected by the courts with anonymity orders.
The compensation awarded, following representation by medical negligence experts, is also protected post settlement in order for the courts to ensure that it is spent on the needs of the child.
How can we manage the compensation?
Complex cases involving life changing injuries will result in a substantial settlement if the right medical negligence lawyers are instructed.
When the cost of care is carefully calculated, including to access specialist rehabilitation, these personal injury claims can reach multi million pounds.
When a settlement has been agreed for a vulnerable party, and subsequently approved by the courts, a deputy has to be appointed to manage the compensation.
This is a necessary legal requirement protecting the substantial sum and ensuring that it is spent on the items and services intended.
Lifelong care for those permanently injured due to clinical negligence
Serious incidents of clinical negligence, with devastating and catastrophic outcomes such as brain damage at birth, will mean that the individual will likely require 24 hour care for the rest of their life.
Medical negligence claims will consider their holistic needs as a result of the preventable injuries – from birth, and for the remainder of their life.
Successful medical negligence claims are a lifeline for families who have been badly let down by medical professionals.
Respite for parents of children harmed in hospital
Clinical negligence claims following suspected avoidable harm leading to permanent disabilities like cerebral palsy take into account respite care.
An experienced clinical negligence team of expert lawyers understand the toll on parents of meeting the complex, and wide ranging, needs of their child following an injury at birth.
The cost of carers is considered during medical negligence claims. This provides parents with a much needed rest giving them the time to be parents and not just carers.
Finding an experienced medical negligence specialist
Finding and instructing the right medical negligence team as soon as clinical negligence is suspected is crucial to a successful outcome.
You may find it useful to gauge the right solicitor for you by reading about their previous cases, looking at their industry rankings, or hearing from their clients.
The team you instruct will be working alongside your family for a long time making it important to choose an expert you can rely on.
Diane Rostron is the right choice for your family
The team of parents at Diane Rostron offer decades’ of experience in robustly defended complex clinical negligence claims involving negligent treatment at birth.
The team work with leading independent medical experts and barristers providing empathetic expertise throughout the legal process.
Read our medical negligence claim FAQ’s here: https://dianerostron.co.uk/faqs/
Contact us today to start your medical negligence claim
Speak to a member of our team about what happened to your child for a free initial consultation.
We work on a no win no fee basis which means that in most cases, you do not pay for our legal fees unless we successfully settle your claim.