Pursuing a birth injury claim – what you need to know

Diane Rostron and her team of experts will guide and support you every step of the way

It may take some time for a significant birth injury to be discovered. In some cases, the resulting injuries may not be apparent, or fully understood, for some years.

For families who suspect that their baby may have sustained a preventable injury at birth and are considering whether to pursue a birth injury claim for compensation, there is a time limit of three years after the child reaches the age of 18 if their injuries have not had an impact on their mental capacity.

There is however, no time limit to bring a birth injury claim where a child has sustained an injury before, during, or just after birth which has significantly impaired their mental capacity. In these circumstances, there is no time limit to bring a claim against the NHS Trust believed to be responsible for medical negligence.

Leading birth injuries solicitor Diane Rostron said: “Birth injury incidents have a profound effect on the whole family. Parents find themselves living their worst nightmare with a child who should have been leading a normal life, left with lifelong physical and mental injuries. These injuries not only significantly limit, or completely change the life that they should have had, but also place a considerable strain on the entire family.

“The consequences of medical errors made before, during, or just after the birth of a child are devastating on every level and touches every member of a family. Help is available, however. The road to justice is by no means quick, nor easy, but compensation is available and will make life a little better by providing for the extensive needs of the injured child and by taking some of the burden away from their parents and siblings.”

A birth injury claim is particularly complex to pursue. A medical negligence solicitor may not have the depth of expertise, nor have the right team of medical and legal specialists to bring these claims to a successful conclusion.

Diane Rostron continued: “It takes, on average, seven years to bring these types of claims to conclusion. The legal process involves a substantial amount of investigative work. Significant medical expertise is required to pinpoint exactly what happened, and to understand the full extent of the injuries, the lifelong impact and clearly identify the complex needs of the child.

“Legal and medical expertise is just part of the process. It is important for families wishing to pursue a claim to not only find a real specialist, but to also pick a solicitor who will guide and support them every step of the way.”

Diane Rostron and her team of medical and legal experts have a strong track record of securing multi-million pound birth injury settlements. The birth injury specialists won a £17.9 million settlement for a family in Wales in 2019.

If you believe that your family has suffered an avoidable birth injury, contact the friendly team here to discuss whether you can make a claim on a no win, no fee basis. To hear what other families say about the service provided by Diane Rostron and her team, visit the website.