The Ultimate FAQ Guide: Clear Answers to Common Questions
Getting started
Click or scroll down to learn more about birth injury litigation.
- How do I know whether my child’s birth injury may have been avoidable?
- What should parents do before contacting a birth injury solicitor?
- What is HIE and how can it relate to birth injury litigation?
- What records may be relevant to a birth injury claim?
- What does “causation” mean in an NHS birth injury case?
- What is an interim payment and how might it help a disabled child?
- How long do NHS birth injury claims take?
- What is the role of AvMA in a medical negligence case?
- How much is my claim worth?
- Is it too late to start a claim?
- My child appears uninjured, do I have a claim?
- How do I find a Birth Injury Solicitor?
How do I know whether my child’s birth injury may have been avoidable?
Until a full investigation is undertaken by a skilled team of medical experts, it is impossible to know if the injury was unavoidable. In many qualifying cases, an MNSI (Maternity and Newborn Safety) investigation will take place after birth. MNSI is a patient-safety investigation which aims to understand what happened, identify factors that contributed to the outcome and identify learning that could make maternity care safer. It does not determine whether negligence occurred. The report is given to NHS Resolution (legal) may provide information relevant to any subsequent legal investigation. The aim of the legal investigation is to establish whether the standard of care fell below what was reasonably expected and, if so, whether that breach caused the injury. Alternatively (or as well) a specialist solicitor focusing on birth injury can take the case and commission expert reports.
Further information
Additionally, visit the links for more information about birth injury litigation.
What should parents do before contacting a birth injury solicitor?
If parents feel their baby was impacted by negligence at birth but no formal investigation was carried out leaving them with unanswered questions, contact a specialist birth injury solicitor. Even if there is no obvious injury hearing loss, behavioural issues or epilepsy can show up later in life. Discuss with family members what happened, what they remember, gather any evidence like telephone records, and write everything down while it is still fresh. Timelines are vital. You may decide to wait and see outcomes, but your evidence is always there. Research and find the best legal firm.
Visit the links for more information.
What is HIE and how can it relate to birth injury litigation?
HIE (hypoxic-ischaemic-encephalopathy) of the newborn is brain injury caused by inadequate oxygen and/or blood flow, and it isn’t necessarily the result of a single acute event at birth. There can be antenatal/perinatal causes. It can be mild, moderate or severe depending on the extent of the brain injury and its clinical effects. The effects can range from minimal effect to breathing difficulties, seizures, floppiness and ultimately death. It has multiple causes such as umbilical cord issues, placental issues, prolonged and difficult labour. It causes swelling to the brain and damaged nerve cells. Therapeutic Hypothermia (cooling) reduces the risk/severity of neurological injury in appropriately selected babies.
Visit the links for more information
What records may be relevant to a birth injury claim?
Records dealing with the pregnancy and the birth, and in some cases the mother’s medical history may be relevant. Anything collected during the pregnancy and particularly labour, such as CTG readings, telephone triage, MRI scans and midwifery/obstetric notes are vital. Witness statements from the mother and birth partner/family members will be needed as well as any witness statements from the health care professionals involved. Parents can request their records directly from the NHS trust. A solicitor can also request and review the records as part of investigating a potential claim and can identify whether further records or information are needed.
Visit the links for more information
What does “causation” mean in an NHS birth injury case?
Causation is about whether the negligent treatment caused or materially contributed to the injury. In a complex birth-injury claim there may be several factors contributing to the outcome. The claimant must establish, on the balance of probabilities, that the negligence caused or materially contributed to the injury and resulting loss.
Visit the links for more information
What is an interim payment and how might it help a disabled child?
An interim payment is a payment made before the final settlement of a claim. It may be requested where liability has been admitted in full or in part, or where the court considers that the claimant is likely to succeed. The purpose can be to meet immediate needs such as therapies, equipment, care or suitable accommodation while the full value of the claim is being established.
Where the claimant is a child or lacks mental capacity, special court rules apply to payments and settlements. Your solicitor will explain how any interim payment is to be held and used for the child’s benefit.
Visit the links for more information
How long do NHS birth injury claims take?
This is a difficult question to answer specifically. Some cases can resolve considerably more quickly through the Early Notification process than through a traditional clinical-negligence claim. However, the length of time varies considerably, and an admission of liability does not necessarily mean that the compensation claim has been finally settled. Through the traditional route using a legal firm it can take many years. If the case is heavily defended, if it is very complex and needs additional expert evidence or it needs to go to the High Court, it can take considerably longer.
Visit the links for more information
What is the role of AvMA in a medical negligence case?
AvMA (Action against Medical Accidents) is a long established registered charity supporting patient’s rights in cases where there has been medical negligence. It signposts patients towards accredited medical negligence solicitors; offers a free helpline staffed by trained specialists; offers guidance on obtaining medical records and initiating complaints; offers support during an investigation into a birth injury.
Visit the links for more information
How much is my claim worth?
The value of a birth-injury claim varies enormously from one child to another. It depends on the nature and severity of the injury, life expectancy, future care and support needs, accommodation, therapies, equipment, education, loss of earnings and many other factors.
Specialist medical, care, occupational therapy, accommodation and financial experts may be instructed to help calculate the child’s future needs and the financial losses arising from the injury.
If liability is admitted only in part, the compensation may be reduced to reflect the extent of the defendant’s responsibility. The calculation is more complicated than simply applying the percentage admission to the whole claim, and your solicitor will explain how this applies to your case.
Visit the links for more information
Is it too late to start a claim?
There are special limitation rules for children. A parent or other appropriate adult can bring a claim on a child’s behalf while they are under 18. If the child has capacity at 18, they generally have until their 21st birthday to issue proceedings. If the child lacks mental capacity, different rules apply and the usual limitation period may not run while that incapacity continues.
Although there may be a considerable amount of time available, it is generally better to investigate a potential claim as early as possible because medical records, evidence and memories can become harder to obtain over time.
Visit the links for more information
My child appears uninjured, do I have a claim?
‘Appears uninjured’ is not the same as ‘is uninjured’. Brain injury can show itself more subtly or can show as hearing loss, epilepsy, behavioural or learning difficulties etc in later years. Negligence on its own is not enough to establish a compensation claim. There must be injury or other legally recognised loss caused by the negligence. Regardless it is advisable to write everything down while it is still fresh in your memory, gather phone and any other records available just in case issues show themselves later. You can also talk to a specialist solicitor or AvMA for advice.
Visit the links for more information
How do I find a Birth Injury Solicitor?
I cannot emphasise enough how important it is to find the right solicitor for your case. Birth injury litigation is highly complex and specialised. Choosing the wrong team can result in years of delay or a lost case, so do your homework. AvMA offer a list of accredited specialist solicitors who deal with this complex subject so I would advise using them. Personal recommendation can work, but you need to carefully research before choosing.
Visit the links for more information
Sources: AvMA, Justice.gov.uk, MNSI
