If you want to make a birth negligence claim for a baby, Accident Advice Helpline can talk through the situation with you and help you work out the best way to proceed. We realise that this is a very distressing time for you, and we will always listen sympathetically.
Our advice is free and we will never pressure you into taking action with us. You can call at any time of day or night, whenever you feel up to it.
Birth negligence claims – the basics
A birth negligence claim for a baby normally needs to be made within the first three years. Some solicitors may advise waiting through the first two years to see what problems show up, as some issues caused by oxygen deprivation, for instance, can take a while to become visible.
Nevertheless, it’s a good idea to get advice early on, to make sure that there is time to collect all the evidence and nothing goes astray. In some situations, you may also have immediate expenses associated with caring for the baby.
A claim for a baby is made by an appointed representative (usually a parent) acting in its name. Any compensation due is calculated based on the needs of the child, not those of the adults caring for the child, although it may include provision for the funding of care that would not normally be needed. It will take into account the full length of time that the child is likely to live, not just its early years.
How to claim for birth negligence
Medical negligence claims are often complicated and very much the domain of experts. It’s inadvisable to take on a hospital’s specialist solicitors with only a general solicitor at your side. At Accident Advice Helpline, we can find you an experienced medical negligence solicitor willing to take on your case. We can do this on a no win, no fee basis, so you won’t need to worry about paying us if you lose your case and you won’t need to have money up front.
We aim to make the claims process as straightforward as possible for all our clients. We can arrange for you to deal with your solicitor by phone, with any important documents transferred by courier, so that you won’t need to worry about travelling. In some cases we are able to arrange good out of court settlements so that you won’t need to go through the full process, but no important decisions will be made without consulting you.
Getting compensation won’t solve all your problems, but it can make day-to-day life much easier. It can cover the cost of any special equipment that your child may need to live a healthy and active life, including the cost of replacements in different sizes.
It can help you to adapt your home to make your child more independent within it, and can pay for extra help if the birth trauma left your child with learning difficulties, ensuring appropriate access to education. Even if things seem overwhelming just now, compensation can help you to have a positive family future.
Date Published: December 3, 2013
Author: David Brown