When a birth injury occurs, it can be an incredibly difficult time for families. Seeking justice and compensation can seem like an insurmountable challenge amidst the trauma. However, solicitors who specialise in medical negligence and birth injury cases play a crucial role in supporting families during this process. They have the expertise to build strong cases, negotiate fair settlements, and help clients access rehabilitation and care. With their guidance, families can focus on their child while ensuring their rights are upheld.
1. Navigating Complex Laws and Regulations
Birth injury cases involve complex areas of law spanning medical negligence, personal injury and child law. Solicitors are equipped to handle the intricacies of applicable legislation like the Congenital Disabilities (Civil Liability) Act 1976, which governs the time limits for bringing compensation claims. They also understand regulations around NHS complaints procedures and disclosure of medical records. Families can rely on their solicitor’s expertise to navigate these domains and build robust legal arguments.
2. Assembling Specialist Expert Witnesses
Successfully arguing birth injury cases requires objective expert opinion on issues like substandard care and long-term prognosis. Solicitors maintain contact with specialists across fields like obstetrics, midwifery, paediatrics and therapies. By working with experts, they gather independent reports supporting the family’s version of events. These witnesses can also appear in court if necessary, explaining technical details in a way lay people cannot. Their evidence is crucial for securing favourable outcomes.
3. Negotiating Optimal Settlements
Most birth injury claims settle out of court through negotiation. Solicitors are seasoned negotiators who know how to secure maximal compensation reflecting long-term care needs. This requires accurately quantifying losses like future earnings, adapted property, special equipment, therapies, case management and more. It also means aggressively countering lowball offers from defendant solicitors and insurance companies. Through persistent and strategic negotiation, they extract the highest workable settlements for clients.
4. Accessing Immediate Support
Thanks to longstanding partnerships across health, social care and charity sectors, solicitors can connect families with immediate support like psychological therapies, home adaptations and respite care. Rather than waiting months for compensation, clients can start benefiting from these services straight away while the legal process unfolds. This takes significant pressure off families during an already demanding period.
5. Reducing Financial Hardship
Caring for a child with severe disabilities requires extensive financial resources that many families simply do not have. Between loss of earnings, paying for private therapies and making a home wheelchair accessible, costs quickly snowball. Solicitors help ease this burden by arranging interim payments from defendants and securing public funding. This gives families earlier access to compensation payouts for covering expensive care needs.
The trauma of witnessing your child suffer a catastrophic birth injury can make seeking recompense seem trivial. However, financial support and access to rehabilitation can significantly benefit families over the long run. Specialist solicitors are equipped with the legal expertise and sector connections to successfully bring complex medical negligence claims. With their support, families can focus on what matters most – getting their child the best care possible.