Birth Injury Claims Solicitors in Blackpool & Fleetwood
If your child has suffered a birth injury due to a medical error, it can have a significant impact on your child’s life, as well as your own. While compensation can’t reverse the injuries or trauma you have suffered, it can help you and your child live a happy and fulfilling life, while giving you closure thanks to knowing you have achieved a fair outcome in the end.
Our team of highly specialised medical negligence lawyers have decades of experience helping families to secure compensation for birth injuries.
We regularly handle multi-million pound compensation claims for all types of birth injuries due to clinical negligence. Our team has a strong track record of success and in many cases we can win settlements for our clients without the need to attend a court trial, making the process faster, less costly and easier for you.
How we can help you with your birth injury compensation claim
We work with all types of birth injury claims, with extensive experience in:
· Birth asphyxia
· Birth trauma e.g. skull fractures & brain haemorrhages
· Cerebral palsy
· Ischaemic brain damage
With decades of experience to rely on, we have a well-rehearsed process in place to make it as simple and effective as possible for you to claim birth injury compensation.
Typically this involves:
Your first contact with our office – We will talk through the basic details of your case with you and establish what errors you believe were made in the medical care provided to you and your child, who made the errors and what consequences you are dealing with as a result.
Applying for medical records – We will then apply for the relevant medical records from the NHS Trust or other healthcare provider involved. Obtaining these records typically takes around 2 months.
Establishing the facts of the case – Once we have the medical records we will review them and then meet with you to go through the records and discuss your memory of what happened during the birth. We will then prepare a statement for you, setting out your side of the story. At this stage we will also normally consult various relevant medical experts, such as obstetricians, midwives and GPs to help establish if negligence has occurred.
Preparing a letter of notification – At this stage it is normal to send a letter to the NHS Trust or other healthcare provider you believe is responsible for medical negligence notifying them that you intend to bring a claim.
Conference of professional experts – We will then hold a meeting known as a ‘conference’ with you, relevant medical experts, our junior barrister and often our Queen’s Counsel (QC). This meeting is designed to explore the strengths and any weaknesses of the case so we can put together the strongest argument for you.
Sending a letter of claim – After the conference, we will prepare a letter of claim laying out the facts of the case in detail and submit this to the relevant healthcare provider. It is worth noting that it can often take 12 months or more to reach this stage.
The defendant’s response – The healthcare provider you are accusing of medical negligence is supposed to reply to your letter of claim within 4 months. In reality, this stage can often take up to a year. In their reply they may admit either full or partial liability for the mistake, or deny any wrongdoing. If they admit liability, they may offer a financial settlement. We can advise you on whether we believe any settlement offered is fair or not.
Issuing court proceedings – If the healthcare provider denies responsibility, or you choose not to accept any offer of settlement they make, we will then issue court proceedings on your behalf. This will involve drafting ‘Particulars of Claim’ setting out the details of the case and submitting these to the High Court, located at the Royal Courts of Justice, London. The defendant will normally have 28 days to reply to this with their ‘Defence’. The court will set a timetable for the case, including assigning a court hearing date, which is often around 18 months from the time court proceedings are initiated.
Settlement negotiations – While waiting for your court hearing, we will exchange witness statements and experts’ reports with the defendant healthcare provider. We will also attempt to negotiate a pre-trial settlement during this period, saving you from the need to attend a court hearing. A large percentage of birth injury claims are settled before trial and our experience and track record of success in medical negligence claims means we are often able to achieve settlements where other lawyers fail.
Trial by judge – If no settlement is agreed before your set court date, we will represent you in your trial. This will involve a hearing in front of a judge (there is no jury) where both sides will present their arguments and the judge will make a final decision. We are highly experienced in birth injury claim hearings, meaning we can offer you the best possible representation and strongest chance of a fair outcome.
Our expertise in birth injury claims
Our birth injury claims team is headed by Diane Rostron, a leading clinical negligence lawyer who has been practicing as a solicitor since 1993. Diane’s high level of expertise in this specialist area of clinical negligence law is complemented by a warm, empathetic approach. Our aim is to make it as simple and stress-free as possible for you to make a birth injury claim and get the compensation you deserve.
We offer a holistic approach to supporting our clients, providing more than a straightforward legal service. As well as helping you with all aspects of making a birth injury compensation claim, we will also assist you with issues such as accessing the help you need from your local authority and arranging specialist equipment, accommodation and therapies.
Our birth injury solicitors, led by Diane Rostron, have a strong track record of success, including achieving multi-million pound damages for clients in situations where other clinical negligence lawyers have previously failed. We have immediate access to a wide range of professional support, including medical, psychological, administrative, technological and logistical support, meaning we can often process claims more efficiently than many of our competitors, allowing you to unlock compensation faster.
We are accredited by the Law Society for Clinical Negligence, reflecting the strength of our practice in this area and providing reassurance that we operate to the highest professional standards. Diane is a Band 3 ranked lawyer in this area by Chambers and Partners. We are regulated by the Solicitors Regular Authority (SRA), ensuring we continue to operate to the highest legal standards at all times.
Start a birth injury compensation claim now
To start a birth injury compensation claim today, or for more information about our birth injury solicitors in Blackpool and Fleetwood, you can get in touch by calling 01253 766 559 or emailing email@example.com.