Clinical Negligence
Birth Injury Claims
Birth injury claims are often complex and long running, as it is usually necessary to involve a considerable number of experts who can advise on whether there is a claim which is likely to succeed in law. This may involve considering the management of the mother's antenatal care, the labour, or may involve considering the paediatric care over the newborn period.
The experts will also need to consider the cost of specific care requirements which are needed in the individual case. These may include items such as professional care, transport, equipment, housing or therapy costs.
This is a specialist area of law. Our birth injury unit is managed by the head of the clinical negligence team, who has over 10 years of experience in working with these experts to achieve the right outcome for the individual. We have also worked closely with the support groups who understand the practical needs and difficulties imposed upon the families by reason of the disability.
We have settled numerous cases involving significant damages in this area of legal practice.
For details of the procedure involved in these claims, the timescale and costs or advice generally, we are pleased to provide assistance free of charge initially.
We may be in a position to secure a Legal Aid certificate in order to pursue an investigation into any claims arising in respect of birth injury, which may include brain damage caused by birth injury or other birth injury problems, such as shoulder dystocia.
In order to recover compensation, it will be necessary to show that there has been negligence in relation to the handling of either the progress in preganacy, the labour or the paediatric care and that the disability is as a direct result of that negligence. In relation to an application for funding made on behalf of a child, it is usually possible to obtain a certificate to investigate such claims, as the financial circumstances of the child would be taken into consideration, rather than that of his/her parents.
Contact: Jenny Scowen