Martha’s Rule empowers families desperate to be heard
The introduction of Martha’s Rule has come into effect following the preventable death of 13 year old Martha Mills in 2021 after a fall from
An injury suffered before, during, or just after birth can have profound lifelong consequences for a child’s health and well being, as well as having a huge impact on the rest of your family. Your child is likely to need a lot of support as they grow up, and potentially for the rest of their life. Some parents have to give up work in order to provide the additional care needed following a significant birth injury.
If your child’s birth injury occurred due to preventable medical negligence, your child is entitled to compensation. Sometimes the full impact of a birth injury can take years to become apparent, but it’s important to start the claims process as soon as possible, so your child can get the support they need, when they need it.
If you need specialist advice on claiming birth injury compensation in Bridgend, or the surrounding area, contact our empathetic, knowledgeable team for a confidential consultation on 01253 766 559 or email a summary of your claim to dr@addies.co.uk.
To start a compensation claim today, or for more information simply complete the form below.
Birth injury compensation can cover the extensive costs that you are likely to incur to ensure that your child, and your family, can live as normal a life as possible. This may mean having home adaptations carried out, paying for 24-hour carers, being able to afford specialist equipment and therapies.
It can also give your family financial security and peace of mind, allowing you to focus on being a parent rather than a carer.
Our leading specialist birth injury solicitors have been helping families just like yours for in excess of 20 years recently securing a £multi million settlement for a family in South Wales. We understand the trauma caused following these incidents and the mental and physical strain placed on families as a result. We will give clear and transparent answers to your questions and practical advice on the next steps.
We know that your priority is to get the compensation that your child deserves as quickly as possible. It’s important to realise that birth injuries are typically complex and difficult to prove, and that the legal process can be lengthy. However, our team have the experience and specialist skills needed to successfully handle even the most challenging cases, while giving you and your child the emotional and practical support you need at this difficult time.
We have a strong track record of securing multi-million-pound settlements for families like yours, including in cases where other solicitors have already failed to achieve compensation. Our team of birth injury experts will take you through the process every step of the way, giving you the best chance of getting the compensation your child needs to live a full, happy life.
Diane Rostron is one of the leading medical negligence lawyers in England and Wales specialising in complex birth injury claims. Having practised as a solicitor since 1993, Diane is known for combining a detailed understanding of the law with warmth and empathy to get clients the compensation their family needs, while making the claims process as simple and stress-free as possible.
Our birth injury lawyers have achieved multi-million-pound damages for clients under the most difficult circumstances, including where nationwide medical negligence firms have failed to do so or have given up on a case altogether.
After you get in touch with us, we will listen to you and discuss your situation, including the healthcare advice you were given, and any evidence of negligent treatment.
We will need to apply for your medical records from various places, including the place you had treatment, other hospitals, and your GP practice.
We will then provide an honest assessment of whether we think you have a claim worth further investigation. We will explain the claims process and the fees involved.
We will start collecting evidence to support your claim. This typically includes applying for any further medical records, other documents from the hospital, obtaining witness statements and independent medical experts’ reports.
Once the facts of the case are clear, we will contact the NHS Trust or healthcare provider to inform them a claim is being investigated. The Letter of Claim (LOC) will set out the details of the alleged medical negligence and the injuries caused.
The Defendant is required to respond to our Letter of Claim (LOC) within four months. At this stage, they will either accept full, or partial, liability and may offer a financial settlement, or deny responsibility.
If the Defendant denies responsibility, or does not offer a sufficient settlement amount, we can then issue court proceedings on your behalf to take the claim further. The Defendant will be given 28 days to respond, and the court will then set a hearing date, usually around 18 months from when proceedings are initiated.
It is important to note that while issuing court proceedings is an essential step, it is rare that you will need to attend a hearing as most claims that reach this stage can be resolved with a pre-trial settlement.
The Court will then set a timetable for the exchange of evidence in the case. We will exchange any witness statement taken from you, and receive the witness statements (if any), of the clinicians involved in your care.
There will then be an exchange of medical expert evidence. Each party can obtain independent medical expert reports in each relevant discipline. For example, in a birth injury claim, both parties would have commissioned reports from independent obstetricians. We disclose the report we have obtained on your behalf and the Defendant has to disclose the report they have obtained.
The independent experts then have a meeting, separate to each party’s legal representatives, to narrow the issues for the Judge in the event the case goes to a trial. After this meeting, the medical experts have to produce a jointly written statement to provide to the Judge.
It is usual procedure to attend some form of pre-trial settlement resolution with the Defendant, either in the form of a settlement meeting, or a mediation. We have a very strong track record of negotiating pre-trial settlements and will explore every potential avenue to do so if your claim reaches this stage.
If your claim settles at this stage and involves a vulnerable party, such as a child or an adult with a brain injury, an approval hearing will be held by a High Court Judge to approve the settlement reached.
If your claim cannot be resolved outside a court hearing, we can offer experienced, and highly skilled, advocacy to secure the best possible outcome for your family.
Most claims are resolved in full through the above process. However, very complex claims, including birth injury claims, require an additional step to assess the quantification (value) of the claim.
For birth injury claims, additional independent medical experts will be required to assess issues such as life expectancy and care needs, and the process above will be repeated for the stage of quantification.
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