Birth Injury Solicitors for Childbirth Injury Negligence.

Medical negligence in childbirth occurs when the care provided falls below an acceptable standard and causes avoidable harm.

Examples can include failing to provide appropriate treatment, delays in carrying out tests, misinterpreting scans, misdiagnosis, or failing to respond to reduced foetal movements or dangerously high blood pressure.

A poor outcome during pregnancy or childbirth does not automatically mean that medical negligence has occurred. To make a successful claim, it is generally necessary to show that the care provided fell below an acceptable standard and that this caused, or materially contributed to, the injury suffered.

Birth negligence can have serious physical consequences and a huge psychological impact on all involved. In the more serious cases, it can impact all aspects of a family’s life forever.

Our team of specialist Birth Injury Solicitors are here to listen, to get your questions answered and to provide all the support you need to make these difficult days that little bit easier.

In the UK, you must generally start the legal process after a birth injury within three years of the date the injury occurred, or the date you first knew, or could reasonably have known, that the injury may have resulted from negligent treatment.

We understand the trauma that you or a loved one may have experienced. Speaking to a lawyer is unlikely to be the first thought on your mind. However, it is crucial to hold those responsible accountable for the pain and suffering you have endured, which our Birth Trauma Solicitors can help you with.

There are a number of circumstances which may affect your specific time limit. Where a child has suffered the injury, the three-year limitation period does not normally begin until their 18th birthday, meaning court proceedings would generally need to be started before they turn 21. A claim can still be brought on their behalf before they reach 18 through a litigation friend.

If the injury has meant the victim has lost mental capacity, different limitation rules can apply and the usual time limit may be suspended while they lack capacity.

It is always advisable to contact a legal specialist, regardless of how much time has passed since the treatment or injury. We can provide expert legal guidance, and ensure you get justice for your trauma.

You may have grounds for a claim if you or your child suffered avoidable harm because maternity care fell below an acceptable standard. Establishing this usually requires a detailed review of medical records and independent expert evidence to determine both whether there was a failure in care and whether it caused the injury.

Depending on what happened, evidence may include maternity and neonatal records, CTG traces, scans, test results and records of decisions made during pregnancy, labour and delivery. You do not need to obtain this evidence yourself before speaking to us, our solicitors can gather and review the relevant records as part of investigating your claim.

Choosing a legal specialist to guide you through the legal process of bringing a claim against a healthcare provider for a birth injury should be done carefully.

Many clients come to us from recommendations, as we are renowned as one of the leading law firms in Wales and Shropshire, acting for clients across England and Wales. These cases should only be handled by a team of specialist Birth Injury Lawyers with many years of experience, because these claims can involve serious injuries and complex lifelong consequences.

You should also consider the qualifications and accreditations of the law firm you choose to instruct. Lanyon Bowdler is consistently recognised by leading legal directories including The Legal 500 and Chambers UK, and Law Society recommendations. We are accredited by APIL and AvMa (Action Against Medical Accidents), allowing us access to resources and networks of professionals that many other firms simply cannot match.

Cerebral palsy is the most common type of birth injury case we experience, but there are many other types. We have been successful in a wide variety of childbirth injuries, including:

• Cerebral palsy claims
• Shoulder dystocia claims
• Brachial plexus injury or Erb’s Palsy
• Perineal tear claims
• Wrongful birth claims
• Incorrect stitching of tears or episiotomy
• Wrongly performed episiotomies
• Fissures
• Child anaesthetic errors
• Errors in managing pre-eclampsia
• Caesarean section injury claims
• Foetal distress claims

There are many other injuries and serious complications which can derive from negligent behaviour during childbirth, many causing long term illnesses and disabilities. If you believe you are entitled to childbirth negligence compensation, contact us today.

Childbirth negligence is a unique type of medical malpractice, as it can have very serious effects on both the parent and the child at the same time.

These injuries can be caused by many types of failures in care, such as:

• Failure to diagnose a condition developed by the child
• Negligent monitoring of the birth, including vital signs of both parent and child
• Screening mistakes before the birth
• Negligent behaviour towards complications during childbirth
• Failing to recognise or respond appropriately to signs of foetal distress
• Unreasonable delays in escalating care of carrying out an emergency delivery

In serious cases, delays in recognising foetal distress or delivering a baby can result in a lack of oxygen to the brain, potentially causing hypoxic-ischaemic brain injury and lifelong neurological consequences. Whether an injury was avoidable will depend on the individual circumstances and requires specialist medical evidence.

Any of these circumstances, and many more, can cause serious injuries to the mother and the baby. If you have suffered as a result of medical negligence related to a childbirth, contact Lanyon Bowdler today.

The NHS Resolution Early Notification Scheme was established in 2017 to investigate specific severe brain injuries that occur around the time of birth and determine whether clinical negligence may have caused the harm.

The scheme applies to defined cases involving babies born at term following labour who have evidence of a potentially severe hypoxic brain injury. NHS Resolution reviews qualifying cases and may investigate whether negligent maternity care contributed to the injury.

The scheme is separate from a family’s right to obtain independent legal advice. If your baby’s care is being considered under the Early Notification Scheme, our Birth Injury Solicitors can explain the process, review what has happened independently and advise you about your legal options.

Martha’s Rule is a patient safety measure which enables patients, families and carers at participating NHS hospitals to request a rapid review if they are concerned that a patient’s condition is deteriorating and their concerns are not being responded to. Martha’s Rule is not the same as requesting a second medical opinion.

In maternity care, timely action can be vital. Concerns about deterioration in the condition of a mother or baby should be appropriately considered and escalated where necessary.

If serious harm occurs because staff ignored clear signs or failed to escalate care despite repeated concerns, this may be relevant when investigating whether the care provided was negligent. Our specialist Birth Injury Solicitors can advise you on your options and support you every step of the way.

The legal costs associated with the legal proceedings following a birth injury are often a major concern. This is why Lanyon Bowdler offers a number of options for funding, and ways to mitigate the financial stress of seeking justice for your trauma.

We can often support claimants on a no win, no fee agreement, also known as a Conditional Fee Agreement (CFA). We will explain how the agreement works, including any deductions that could apply if your claim succeeds, before you decide whether to proceed.

We will also push to get you interim payments where liability has been admitted or there is sufficient evidence to justify seeking one. Interim payments can provide access to essential support before the final conclusion of a complex birth injury claim.

Compensation is intended to put the injured person, as far as money can, in the position they would have been in had the negligence not occurred. In serious birth injury claims, this means considering not only the injury itself but the support that may be needed throughout the person’s life.

Depending on the individual circumstances, compensation may include provision for specialist care, rehabilitation and therapies, mobility and other equipment, adapted accommodation, education and support needs, loss of earnings and other additional costs resulting from the injury.