A baby was born with jaundice as the result of failure to diagnose rhesus disease after several ultrasound scans. This led to severe brain damage, cerebral palsy and profound deafness. She was awarded:
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.
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.
Throughout your claim, Your Legal Friend will help you every step of the way
I am very happy and satisfied with the settlement you achieved for me and the service was excellent and thank you very much
Mrs E. Swaffield
Our medical negligence team has years of experience working on a wide variety of birth injury cases so we understand just how difficult a decision it can be to bring a birth injury case.
That’s why we are committed to guiding you through every step of the process. We ensure that your claim is handled carefully and professionally by our specialist solicitors, while working alongside medical experts, to guarantee the best results for you.
Our birth injury team is headed by Laura Morgan who has a wealth of experience in leading complicated, high value rhesus disease cases.
Laura is recognised within the legal profession as a leader in the field of medical negligence and serious injury compensation. Laura has acted in a wide range of cases over her 17 years of practice and has particular expertise in acting for children who have suffered brain injury due to mismanaged birth or surgical errors, and in managing claims that have resulted in the death of a loved one. Laura has achieved a number of large settlements including £5.4 million for a 7 year old and £4 million for an 11 year old child.
Laura’s expertise and dedication to her clients is recognised in the Chambers guide to the Legal Profession in which she was praised for the efficiency of her approach to case handling and described as “tenacious and detail-oriented”.
Laura has been a member of the Law Society Clinical Negligence Panel since 2005 and accredited as a Senior Litigator in the Association of Personal Injury Lawyers (APIL) since 2006. Laura is also a member of the specialist lawyers panel for Action against Medical Accidents (AvMA), the UK’s leading charity committed to patient safety and justice.
The effects of medical negligence can be devastating for the individual and their families, so securing appropriate compensation for them as quickly as possible is our top priority.
Director of Medical Negligence
Pay nothing if you lose your case, get maximum compensation if you win
Whatever the nature of your birth injury claim, we always seek the maximum level of compensation for our clients – and if your case is unsuccessful, we don’t charge you any fees. This is our guarantee for all standard birth injury claims.
With our no win, no fee guarantee, you pay nothing, unless you win your compensation claim. At that point you will only pay your insurance premium, if applicable, and the success fee, which will never be more than 25% of the amount you win.
We ask you to sign forms of authority so that we can obtain your medical records from your GP and any hospitals that have treated you.
As the medical experts we instruct need to know what happened during your treatment, we work with you to draft a detailed, accurate statement in your own words.
You are responsible for minimising the losses you have incurred as a result of the alleged medical negligence, so you need to attend any available treatments that could aid your recovery. You may also need to return to work as soon as it’s safe to do so.
You must prove that the treatment you received fell below the standard expected of a reasonably competent and skilful medical specialist of the type who treated you and that, as a result, you suffered a loss or injury. To do this, we obtain independent medical evidence from an expert in the appropriate area of medicine.
We have to establish whether the sub-standard treatment you received is likely to have led to your injury or loss. As this can be difficult to establish, you may need to see one or more medical experts who will assess your current condition and what the future holds for you.
The value of your claim comprises:
You need to keep all original financial documents safe as these will be needed when we prepare your case to go to Court. These documents include accounts, payslips, and receipts for expenses and medical treatments.
Although only a small number of cases proceed to a trial, we prepare every case for this eventuality.
The trial takes place before a Circuit or High Court judge who will make a decision based on the evidence we have prepared.
If you win your case, the amount of compensation will be decided by negotiation with the defendant or, if your case goes to trial, by the judge. The defendant will usually be ordered to pay us the costs we have incurred in preparing your case. We will also agree a date by which your compensation will be paid to us so that we can pay your compensation as quickly as possible.