Having a child is supposed to be a time of excitement and happiness, so hearing the news that your child has been injured as a result of medical negligence is surely every expectant parent’s worst fear. Birth-related injuries can happen throughout pregnancy, during delivery or soon after birth. Medical negligence during delivery can lead to complications such as cerebral palsy, while failure to diagnose or treat conditions like jaundice or low blood sugar is also a common problem. While it is always upsetting, the knowledge that your newborn’s condition could have been prevented or treated sooner must be especially devastating.
If you have a child that has suffered a birth-related injury due to medical negligence, Your Legal Friend is here to help. We have years of experience working on medical negligence cases, many of which have involved birth-related injury claims. This often allows us to succeed where other solicitors have failed. From a legal point of view, we know how complicated these cases can be. More importantly, we understand that they can leave the family feeling angry, upset and vulnerable. The psychological and emotional effects of medical negligence are often just as damaging as the physical impact, particularly in cases of birth-related injury.
That’s why we are committed to guiding you through every step of the process. We will ensure that your claim is handled carefully and professionally by specialist solicitors, while working alongside medical experts, to guarantee the best results for you.
The time limit on making a neonatal death claim
It’s beneficial if you’re quick to pursue a claim as the paperwork will be readily available and the detail of the event will still be ‘fresh’ in your mind, which will help when putting your case together. There is also a three-year time limit from the ‘date of knowledge’ where you learned that a mistake on your doctor’s part led to the pain or suffering you’re now experiencing. Usually, if you attempt to bring a claim after this date, it will be considered ‘statute barred’ or ‘out of time’ as per the Limitation act of 1980, section 11. If you are within the time limit or are unsure as to whether you fall within the time period allowed, you can speak to us and we’ll be able to advise you as best we can based upon the information you’re able to share with us.
If you do not claim within the set time period, your claim will be considered ‘statute barred’ or ‘out of time’ and will unfortunately not be taken further. There are two exceptions to this rule, in the case of children and if the negligence directly led to a fatality. In these cases suing the NHS for negligence is still possible as the date on which time begins to run is the date of the child’s 18th birthday, and in the case of fatalities, from the date of death.
After a free initial phone consultation, a clinical negligence solicitor can get a feel for your circumstances, the problems you face and consequences you’re having to live with. If they feel that something wasn’t done, that should have been, they may go on to request copies of your medical records, with your permission, to assess whether something was missed or to see if a mistake was made. If it looks like a mistake was made, they will then speak to you to discuss whether you wish to pursue a medical negligence claim for compensation.