Even in the UK in the 21st century, childbirth carries risks. Every time Accident Advice Helpline is contacted about a birth negligence claim we are reminded of how things can go wrong if medical staff do not do their job properly. Coping with the consequences of incidents such as this can be extremely upsetting and we will always handle them sympathetically. If you want advice about your legal position, you can call us at any time of day or night on any day of the week. We will always be ready to help and our advice will not cost you anything.
Claiming for birth negligence: the basics
Negligence when you are giving birth can have damaging effects on you, your baby or both. If you want compensation for your own suffering, you will normally need to claim within three years. The same time limit applies if you are claiming on behalf of your child; however, if no such claim has been made, children have the option of making their own claims between the ages of 18 and 21.
The compensation you can claim will depend on how the incident has affected you and your child. It is generally wise to start the claims process early to ensure that no evidence goes astray; however, in some cases you may be advised to wait before it actually proceeds to court so that the medical picture can become clearer. This is all part of making sure that you get the best possible compensation deal.
Making a birth negligence claim
If you plan to claim, you will need to find a suitable solicitor willing to act on your behalf. At Accident Advice Helpline we have very good medical negligence solicitors and we will be able to match you up with one with experience of birth trauma cases. We would not advise relying on a general solicitor in this kind of case because the laws around medical issues are highly complex. The more familiar your solicitor is with these issues, the more likely you are to have a successful outcome.
If you decide to claim with us, we will aim to make the process as simple as possible for you. We appreciate that you will have a lot on your hands, especially if you are looking after a disabled child, so we will arrange for you to work with your solicitor over the phone rather than having to travel. No major decisions will be made without your approval; beyond this, it is up to you how involved you want to be.
We take on all our cases on a no-win, no-fee basis, so you will not need money to start a claim and we will not ask to be paid if we lose. You can be confident that we will work hard on your behalf. Winning your case can mean that you are able to stop worrying about financial matters and get the support that is needed for both you and your child to enjoy the best possible quality of life.
To discuss your claim with a member of our expert team dial 0800 689 0500 now.
Date Published: December 29, 2013
Author: David Brown