Birth injuries such as those leading to Cerebral Palsy can rob a child of a lifetime of opportunities and invariably parents want to know what went wrong and why.
Many injuries are, sadly, unavoidable, but if you suspect that clinical or medical negligence played a part, there are steps you can take to have this thoroughly investigated.
You can of course raise your concerns with the professional or organisation concerned. All NHS organisations have complaints procedures that allow patients to register concerns.
Establishing medical cause and effect is not an exact science however and relies on expert opinion. A Clinical Negligence Solicitor can arrange an independent appraisal of your case.
What a Clinical Negligence Solicitor can do
They can help you find answers, starting with whether there is a case for your healthcare providers to answer.
The Solicitor will discuss what has happened with you and with your permission request a copy of you notes for an independent expert to review, if appropriate.
Crucially you will have someone on your side who understands the complaints process, where to look for evidence and how the complicated clinical negligence laws and measures work.
If they believe you have a claim, they will be best-placed to take it forward.
What you need to show
For any clinical or medical negligence claim to succeed, you have to show that the professional or organisation:
- failed in its duty of care to you and your child;
- that this caused or contributed to the damage;
- what injuries or losses (financial or otherwise) occurred as a result.
Clinical negligence cases rely heavily on expert opinions that tend to vary, so they are decided on the ‘balance of probability’. It is therefore vital that cases are properly and expertly made.
Compensation payments will reflect the severity of the injury, how long it lasted and the losses that result.
In severe cases this can include the cost of lifetime care, adapted housing and specialist equipment, therapy costs and loss of future income.
Taking the claim forward
Every case and claim is different. Some may be clear cut, leading the healthcare provider or professionals’ insurers to settle out of Court, while others will require detailed, lengthy argument.
A good Solicitor can take care of much of the process. Always choose a Clinical Negligence specialist with Birth Injury experience and a record of success.
It may be possible to gain interim payments if liability has been accepted and it is the level of compensation that is being decided. This is something your Solicitor would discuss with you.
If you would like to talk about your case in confidence and without obligation please contact us.