Birth injury claims
Pregnancy and child birth should be one of the happiest times of your life. You naturally expect to be cared for and looked after by doctors and midwives during this exciting time. When things go wrong, don’t go to plan or have a poor outcome, we understand how upsetting and distressing it can be. Being let down by medical professionals can have a significant impact, especially when the outcome is life-altering.
At Switalskis, we support you during difficult times. We help you find the answers to the many questions you have, doing everything that we can to establish what went wrong and determine whether you are entitled to claim compensation. Whether the incident affects the mother, baby or both, we have the specialist knowledge and experience to help you move forward.
To speak to one of our specialist birth injury solicitors about your situation in confidence, call us on 0800 1380 458, or contact us through the website.
We understand the difficulties that can occur during pregnancy and when delivering a baby. Sometimes, the urgency to deliver a baby quickly and safely can mean that important steps are missed, or events can go wrong. You may feel that mistakes have been made that could have been avoided.
As a result, you may want any of the following:
Birth injuries can be devastating. Our birth injury lawyers are vastly experienced in working with families who have gone through a difficult and distressing birth. This is a sensitive subject, and we’ll always make sure you’re matched with a lawyer you feel comfortable speaking to. We support our clients through our knowledge and experience, and with any request they may have.
We recognise the numerous challenges mothers may face during childbirth. At Switalskis, we're here to support you with your birth injury case. So, if you've experienced any form of injury during childbirth, rest assured, we're here for you. Types of birth injuries to the mother include:
Sometimes, a healthcare professional's oversight can result in an injury to your child with long-lasting effects. If your child has suffered any type of birth injury, we're committed to providing the legal support you need. Types of birth injuries to the child include:
We’re here to simplify the process of making a birth injury claim. Here’s a step-by-step guide to help you understand what to expect when making a birth injury claim.
Your journey begins with a simple conversation. Contact us to arrange a free, no-obligation consultation. During this initial chat, we'll listen to your story, answer your questions, and explain your options. This meeting will give us a clear picture of what we need to investigate.
Next, our expert legal team will investigate your circumstances. We'll gather and examine all necessary medical records, consult with medical experts, and review your case thoroughly to understand its strengths and challenges. The aim will be to prove your or your child’s injuries were caused by medical negligence, and work out the potential value of the claim.
Once we have enough evidence, we'll send a letter of claim to the medical professionals involved, outlining the full details of the claim and the evidence supporting it. They'll then have four months to respond, during which time they can conduct their own investigation and decide whether to accept liability.
Once the defendant has responded to the claim, our negotiations can start. Our expert medical negligence solicitors will negotiate on your behalf, using our expertise and experience to establish who was at fault and secure the highest possible compensation amount for you.
Most claims will be settled through negotiation, and a fair settlement will be agreed upon without needing to go to court. In rare cases, we may need to take your claim to trial - should this happen with your claim, we will of course be with you every step of the way.
If your claim is successful, you'll receive compensation. The compensation is often life-changing, helping to cover the costs of care, therapy, equipment and adaptations to housing, ensuring the best possible quality of life for your child.
With Switalskis by your side, making a birth injury compensation claim becomes less daunting. We'll guide you through each stage of the process, providing clear advice, empathetic support, and legal expertise every step of the way.
Birth injury compensation claims generally need to be made within three years from the point you experienced negligent care, or three years from when you first officially identified your injury. But, like many rules, there can be exceptions depending on your unique situation.
If you're making a claim for a child, the three-year time limit doesn’t begin until their 18th birthday. And for someone who, due to mental capacity issues, can't make a birth injury claim on their own, they may be exempt from this time limit altogether.
There are various options for funding claims. Many of our birth injury cases are funded using a conditional fee agreement (no win, no fee agreement). In a conditional fee agreement, you will only pay legal costs if we win the case for you. This means you don’t need to worry about anything as you’re covered either way.
In very limited cases, we can offer advice for free thanks to Legal Aid funding. Our solicitors can review and discuss your funding options and help you decide the best route to take.
Navigating the path to resolution in a birth injury compensation claim isn't always a quick journey. That's because every claim is unique and the timeframe can vary. Some cases may be resolved within a few months, while others could take a few years. It's all dependent on the complexity of your case, the willingness of the opposing party to negotiate, and sometimes the pace of the legal system itself.
At Switalskis, we will make the process as efficient as possible without sacrificing the thoroughness your case deserves. Our commitment is to fight tirelessly for your rights, always keeping you informed about our progress and what to expect next.
The amount of compensation you could receive from a birth injury claim depends on the individual circumstances of your case.
A range of factors are considered in the process of figuring out compensation. We look at the seriousness and type of the injury, how it’s affected day-to-day life, what future care and support might be needed, potential loss of income, and any extra costs that have come about because of the injury.
While we can't provide a definite figure without knowing the details of your case, what we can assure you is that our aim is to secure the maximum compensation you deserve. We’ll work diligently to assess all the aspects of your case, and fight for an amount that adequately covers your current and future needs.
Proving that a birth injury resulted from medical negligence involves a few key steps, and we're here to guide you through each one. It's about establishing a clear link between the actions (or lack of) of a healthcare professional and the injury sustained. Here's how it works:
If this all sounds a bit complicated, don't worry - our job is to simplify this process for you.
Birth trauma can have significant, lasting impacts, and you have every right to seek justice and compensation. This includes cases where the trauma has affected either the child or the mother during birth.
However, it's important to note that every case is unique, and your eligibility to make a claim can depend on specific circumstances and the nature of the trauma suffered. But don't worry - that's where we come in.
We’ll listen to your story, understand your situation, and provide clear, straightforward advice about your options.
It’s essential that you have complete confidence in your legal representation, especially when dealing with something as sensitive as a birth injury claim. If, for any reason, you feel that your current birth injury solicitor isn't the right fit, you have the right to switch to a different one at any point in the claim process.
Changing solicitors doesn't mean you're starting from scratch. Your new solicitor will liaise with your previous one to ensure a smooth transition and to gather all the necessary details about your case.
At Switalskis, we aim to make this transition as simple as possible. If you're considering changing solicitors, why not have a chat with us? Get in touch today for a free, no-obligation conversation. Your comfort and confidence in your legal team are paramount, and we're committed to providing just that.
Contact us today and let's start your journey towards recovery together. Call us today on 0800 1380 458, or get in touch via our form.
Experiencing a birth injury can be life-altering and emotionally challenging. In such moments, you need a trusted partner to navigate these unfamiliar and traumatic times. This is where Switalskis steps in.
Birth injury compensation claims can be complex, but your understanding of them doesn’t have to be. We’re committed to breaking down complex legal terms into clear, understandable language. We answer your questions, simplify the complicated, and make sure you fully understand every step of the process.
We take the time to understand you and your unique situation. We listen to your concerns, respect your emotions, and provide thoughtful advice tailored to your needs. You're more than just a client to us - you're a person going through a challenging time, and we're here to lend our full support.
When dealing with something as important as a birth injury compensation claim, you need to know you're in safe hands. At Switalskis, we bring together decades of experience and a proven track record in birth injury claims. We're dedicated to fighting for your rights and achieving the best possible outcome for you and your family.
Many of our lawyers are accredited by both the Law Society and AvMA (Action Against Medical Accidents) as recognised specialists in their field
Our team is driven to protect your rights and ensure your voice is heard. We’ll guide you through every step of the claim process, ensuring you're informed and empowered to make the right decisions.
Birth injuries refer to harm or injury to a baby or mother that occurs during or shortly after childbirth. They can vary greatly in severity and type. Some examples of birth injuries include:
It's important to remember that this list isn't exhaustive, and a variety of issues could potentially be classified as birth injuries.
When it comes to birth injuries, the most commonly reported one is often bruising or forceps marks on a newborn's face or head, due to the use of forceps or vacuum devices during delivery. These injuries are typically mild and tend to heal over time.
However, in more severe cases, injuries may occur that have a lasting impact on your child. This includes brachial plexus injuries including Erb's palsy, which affects movement and feeling in the arm, and cerebral palsy, which is related to brain damage. These conditions often result from complications during birth such as oxygen deprivation or physical trauma.
It's important to remember, if you feel that you or your child has suffered a birth injury, no matter how common or uncommon, you should seek medical advice. If you have any legal concerns, or you're considering making a claim, Switalskis is here to help. We'll listen to your story, provide clear, compassionate advice, and guide you through your legal options.
Birth injuries can cast a shadow over what should be one of the happiest times of your life. But remember, you’re not alone. Our legal experts are here to listen, understand your unique circumstances, and fight for the best possible outcome for you and your child.
Contact Switalskis today by calling 0800 1380 458 or get in touch with us through the website to discuss your concerns in confidence with a legal specialist.