Birth injury claims

Birth injury claims on behalf of children are among the most complex of medical negligence claims. We are specialists in this area and have vast experience of dealing with compensation claims for birth and neo-natal injuries sustained in hospitals throughout London, Kent, Sussex and the South East. Fiona Follis in our team is one of the few solicitors in the country who has sufficient experience and ongoing specialism in birth injury cases to act as a franchise supervisor under our current Legal Aid Agency Contract.

Contact one of our specialist birth injury lawyers for a free initial consultation to find out if we can investigate your case with the financial security of a ‘no win no fee’ agreement.

When can you make a compensation claim for birth injury?

A birth injury involving an injury to a new born has a profound impact on the whole family. Ensuring the right amount of compensation is paid can give someone access to the support they need throughout their lives and ease the care load for loved ones.

Our overriding aim as birth injury solicitors is to protect the interests of you and your child in order to achieve the most advantageous outcome for the long term. We make sure your case is fully investigated and guide you carefully through each step of the claim process. We understand the importance of giving a personal service and acting with sensitivity

You can make a birth injury compensation claim when medical negligence has resulted in an injury to the newborn baby. These cases often include:

• Cerebral palsy
• Erb’s palsy (or brachial plexus injury)
• Subgaleal haemorrhage (damage to the scalp)
• Deafness
• Stillbirth.

Birth injury compensation claims can arise for many reasons, including:

• Failure of foetal monitoring
• Inadequate monitoring
• Delays in seeking medical assistance by a midwife
• Mishandling ventouse or forceps delivery
• A delay in referring for caesarean section (or not offering a C-Section)
• Hyper-stimulating the uterus with oxytocin
• Oxytocin subscription error
• Failure to warn the mother of increased risk of choosing midwife run birthing centres rather than hospital delivery.

Compensation claims can also be made where the mother suffers an injury during childbirth (obstetrics claims).

Who can make a birth injury claim?

If your child has sustained a birth injury caused by medical negligence, your child may be eligible to receive compensation. Our medical negligence lawyers can assist you in making a claim if doctors or midwives have made mistakes during the pregnancy, the delivery, or postnatal care. Our team of clinical negligence solicitors has experience in helping families claim for a variety of birth injuries.

At Thomson Snell & Passmore we are here to support you throughout the claims process and secure the best possible outcome for you and your family.

Can you help give my child access treatments and rehabilitation following a birth injury claim?

Our clinical negligence lawyers have experience in birth injury claims, and strive to obtain full compensation to fund crucial rehabilitation, medical care, and home modifications. In situations where your child has suffered severe injuries, our specialist lawyers can connect you with various support groups, charities, and medical professionals who can provide transformative services to maximise your child’s recovery or adapt to living with their injury. Our ultimate objective is to secure as much compensation as possible to ensure that your child and family can access the support needed for a fulfilling life.

What will happen when I make birth injury claim?

After contacting Thomson Snell & Passmore we will arrange a free initial consultation to discuss whether there is a legal claim and what funding options are available. We usually act on a ‘no win no fee’ agreement and, where appropriate, Legal Aid.

We may initially guide you through relevant complaints process with the treatment provider. In certain cases there is an obligation on a hospital Trust to initiate an internal investigation into what has happened, and you should be informed about the outcome of any investigation. Certain cases may be investigated by the HSIB Healthcare Safety Investigation Branch (HSSIB Health Services Safety Investigation Branch). We are used to dealing with cases where these investigations are being undertaken, and we can guide you through the process.

We will undertake a forensic investigation into what has happened, using your account of events, and your medical records. Medical experts (often obstetricians, midwives and neonatologists) may be involved at an early stage to consider the treatment and management you received, and to advise us on the standards of care that should have been provided, and the outcome that would have been achieved with appropriate treatment. Following this initial investigation we can then advise you on the strength of your case, and give detailed advice on the next steps, which usually starts with preparing a formal letter of allegations to the relevant defendant.

How our clinical negligence solicitors can help with birth injury compensation claim

We have one of the longest established and experienced clinical negligence teams in the country. Our medical negligence solicitors have a reputation for winning complex medical negligence cases and we have helped thousands of people claim compensation. The size of our clinical negligence team, and our breadth of our knowledge, means we are likely to have already succeeded in recovering compensation for a birth injury clinical negligence claim that is similar in nature to yours.

Our overriding aim is to protect your interests and achieve the most advantageous outcome for the long term

• We will make sure your case is fully investigated
• We will focus on your individual requirements. Giving a personal service and acting with sensitivity are important to us
• We will create a team of specialist independent medical experts and a barrister with expertise in dealing with cases similar to your case. We will make things as easy as possible and guide you through each stage of the process
• We can help you find out why the treatment in hospital failed you and ensure that the same thing does not happen to somebody else.

Our accreditations

Our team has long been recognised and highly ranked by two of the most prestigious, independent guides to the legal profession ‘Chambers UK’ and ‘The Legal 500’.

We are also members of the Association of Personal Injury Lawyers and affiliated to Action against Medical Accidents.

A number of your team members have individual accreditations and recognition in the legal directories which you can view on their profiles.

Free initial consultation

Contact one of our team of specialist clinical negligence solicitors for a free, no obligation consultation. We will listen to the circumstances of your medical treatment and give you clear advice on the chances of your receiving compensation in a clinical negligence claim. If we think you have a claim, we can investigate your case using the financial security of a ‘no win no fee’ agreement, or, if appropriate, Legal Aid.

Call us or fill in our short enquiry form and we will assess your potential claim.

We are highly ranked by two of the most prestigious, independent guides to the legal profession ‘Chambers UK’ and ‘The Legal 500’.