A brain injury at birth should never be a reality, especially when you anticipate the birth of your child to be one of the most joyous moments of your life. You trust medical professionals to guide and care for you during this important time and their oversights can lead to devastating outcomes. Whether suffering from severe or even mild brain damage, the symptoms can be debilitating and even deadly if not dealt with quickly. We recognise the sorrow and frustration you may feel. A life-altering incident due to medical negligence can be traumatic.
Switalskis' expert medical negligence solicitors can help alleviate some of your stress by guiding you through the process of making a compensation claim for brain damage at birth. Our team is made up of specialists who use their understanding of brain and birth injuries to regularly help families pursue compensation and legal justice.
To discuss your situation confidentially with one of our birth injury claims solicitors, please call us today on 0800 1380 458 , or contact us through the website.
Experiencing complications during pregnancy and delivery is challenging. When there's a pressing need to make sure the baby's delivery is safe, vital procedures can sometimes be overlooked, leading to preventable mistakes. The law requires medical professionals to provide care to a reasonable standard, and their failure to do entitles you to legal redress. We understand that negligence is not excusable - we can help you to pursue an investigation into the care provided and gain compensation.
Our dedicated solicitors can support your family following the traumatic experience of a difficult birth. We recognise the sensitivity of the matter at hand and will make sure you are paired with a solicitor you trust and feel at ease with. Using our birth injury experience, we can support you through the whole process or with any specific aspect of it.
We can also help you to make a claim for a brain injury that happened just after birth because of medical negligence. This type of brain damage is known as 'neonatal' or 'perinatal' brain damage and can be caused by the failures of medical professionals during the important period of care during which a child is especially vulnerable.
Recognising the symptoms of a brain injury in newborn babies is essential to getting them the care they need. These symptoms can appear in various ways, depending on the severity and type of brain injury. It's essential to remember that, while some symptoms may be visible immediately after the birth, others might only become evident as the child grows and misses developmental milestones.
Symptoms can vary greatly, but common indicators of brain damage suffered at birth include:
If you’re concerned that your child may be suffering from one or more of these symptoms, seek medical attention as soon as possible. It may be a good idea to speak to a doctor who is independent from those involved with your child's birth to get a truly separate opinion.
Brain injuries sustained at birth can vary in type and severity. Common types of brain injuries caused during birth include:
If you suspect a brain injury in your child, it's important to consult with medical professionals for a comprehensive diagnosis and treatment plan.
Infant brain damage can be the result of a variety of factors, many of which revolve around complications during the pregnancy, delivery process or period. Understanding the root causes is essential not only for legal reasons but also to help reduce the chances of difficult births from happening in the future.
The following complications during birth can lead to a child's birth injury:
It's important to note that while some causes are preventable and might result from medical negligence, others can be unavoidable complications of the birthing process. Always consult with medical professionals if you suspect an issue or need further understanding of potential risks during childbirth.
If you suffered a brain injury at birth due to medical negligence and you are now an adult, you may have the right to make a claim. A solicitor can help you to understand your situation and options.
Parents or legal guardians can make a claim on behalf of their child who has suffered brain damage due to medical negligence. Similarly, claims can be made for someone who cannot make decisions for themselves.
To make a claim for brain damage sustained at birth, speak to our team of solicitors. The process is complex, but our team can make it go smoothly, providing support at each step. Typically, medical negligence claims involve the following:
The award is broken down into general damages (pain, suffering and loss of amenity) and special damages (past and future losses and expenses). A large amount of the compensation will cover future losses for 24/7 care and case management. Compensation can come in the form of a lump sum payment and/or inflation-linked annual periodical payments or a combination of the two.
In addition to compensation, a formal written apology may be provided by the healthcare provider responsible, which can be be of great comfort to the family, when finally, failings in care will be formally acknowledged.
If the case involves a child or an adult who lacks mental capacity, the amount of compensation awarded and how it’s to be paid must be approved by the court, even if the parties can agree on the terms of the settlement. This acts as an extra layer of protection for the benefit of the claimant and makes sure the settlement is appropriate and funds are spent responsibly and in the best interests of the victim.
Appropriate compensation is vital to make sure that the victim’s complex needs are met and that they have a better quality of life than they would otherwise have had. However, it is often difficult to predict how a brain injury will affect life expectancy and other outcomes in the early and later years. These questions must be carefully considered by independent experts who can assess and cost current and future needs in the following areas:
This is not an exhaustive list.
Every medical negligence case is unique so it is impossible to state how long you can expect yours to take without us first assessing your circumstances. Some claims can be settled within months while others might take years, especially if the case goes to trial. This often depends on how difficult the evidence is to collect and whether the medical professionals responsible admit liability or dispute your claim.
Speak to our team today and we’ll discuss your situation and help you to understand how long your case may take to resolve.
Because our lawyers and offices are accredited by the Law Society, we are among a small number of law firms in England and Wales able to offer public funding in cases where the claimant has suffered a neurological injury in utero or during the eight weeks following birth. Eligibility is based on a merits test and the victim’s own financial means (parents’ income and capital are ignored).
We can also act under a condition fee agreement (also known as no win, no fee) with legal protection insurance (known as after the event insurance) with no upfront fees to pay.
Throughout the process, your solicitor will keep in contact with you. They’ll update you on the progress, advise on the best steps forward and make sure that your needs are met. Every medical negligence case is unique, so the duration and specific steps might vary based on individual circumstances.
Our medical negligence team is here to support you. Contact us today to simply discuss your birth or brain injury case, or to get it started. Call us on 0800 1380 458 or visit our contact page to arrange a time for us to call you back that best suits you.