If your child has suffered a brain injury before, during, or after they were born, you will be eligible to make compensation claims for child brain damage at birth – provided it can be established that your child´s injury was attributable to medical negligence.
Medical negligence is often complicated to prove. It requires a medical expert to determine that “at the time and in the circumstances” the standard of care that was provided for you and your child was beneath the level generally accepted by the medical community.
It can also be the case that it was not the delivery team that acted negligently, but another medical professional who – earlier in your pregnancy – could have identified a risk of injury, but who failed to act upon it. Unfortunately it is not enough to establish that your child suffered an injury. It has to be understood where, why and how medical negligence occurred in order to successfully claim compensation for a childbirth brain injury.
Establishing Negligence in Compensation Claims for Child Brain Damage at Birth
Because there are many different causes of childbirth brain injuries – and not all of them attributable to medical negligence – your solicitor will request access to your medical records and those of your child so that they can be reviewed by an independent medical expert.
If evidence of medical negligence exists, your solicitor will use the evidence to support a “Letter of Claim” that will be sent to the NHS Trust responsible for your care. The letter informs the NHS Trust that you are claiming compensation for a childbirth brain injury on behalf of your child and request that the NHS Trust responds within ninety days.
This allows the NHS Trust to conduct its own investigation into compensation claims for child brain damage at birth and, at the end of the investigation, the NHS Trust will either accept liability for your child´s brain injury, or contest your claim for compensation for a childbirth brain injury. If liability is accepted, your solicitor will enter into negotiations to settle you claim. If liability is denied, your solicitor will discuss your options with you.
Settlements of Compensation for Childbirth Brain Injury
Settlements of compensation for a childbirth brain injury vary considerably depending on the nature and extent of the brain damage sustained. In the most catastrophic cases – when your child will need care and support for the rest of their life – compensation claims for child brain damage at birth can be settled for many millions of pounds.
In these circumstances, your child will usually be awarded a lump sum of compensation for a childbirth brain injury followed by index-linked periodic payments to ensure the funds will always be available for the services they need. Your solicitor will explain how this works and how the settlement of compensation claims for child brain damage at birth is calculated.
Finally, even if court action is not required to resolve compensation claims for child brain damage at birth, it will still be necessary for you to appear in court when your claim is resolved. This is because settlements of compensation for a childbirth brain injury have to be approved by a judge to ensure they are in the best interests of your child.
Further Information about Childbirth Brain Injury Claims
As was mentioned above, not all childbirth brain injuries are attributable to medical negligence; however sometimes parents have to make compensation claims for child brain damage at birth to get an explanation about how their child suffered a life-changing injury.
For further information about claiming compensation for a childbirth brain injury, you are invited to call our Freephone legal guidance service and discuss the circumstances of your child´s injury with an experienced medical negligence solicitor.
Our solicitor will be able to answer any legal questions you may have about making compensation claims for child brain damage at birth and guide you through the procedures for establishing negligence and making a claim against an NHS Trust as they apply in your child´s particular situation.
By using our service, you are not committing to making a claim for compensation for a childbirth brain injury and all calls to our free legal guidance service are entirely confidential. Our goal is to explain your options to you in plain English, so that you are able to make an informed decision about whether you have a claim for compensation for a childbirth brain injury that may be worth your while to pursue.