Birth injury claims provide lifelong care for the catastrophically harmed
Health Secretary Wes Streeting has drawn attention to the £3.5 billion in clinical negligence claims made against the NHS for maternity failings last year. It is estimated that future liabilities will hit £37.5 billion as children who suffer catastrophic injuries at birth require lifelong care.
Although clinical negligence in childbirth accounted for just one in 10 of all claims against the NHS, the lasting harm that babies suffer means they are much costlier to resolve.
As a firm specialising in complex birth injury claims, we know the extent of daily care these children need and will continue to need into adulthood. We also see how a successful claim can be lifechanging for families whose futures have been irrevocably altered by substandard maternal care.
I have represented many of these families and secured the high-value settlements that make it possible to fund the dedicated and tailored care these children require. The support they rely on is extensive and includes adapted properties to accommodate carers and therapy regimes, specialised mobility equipment and communication technologies, tailored diets and feeding equipment, therapies, medication and treatment, and financial assistance to prepare for a future in which they will be unable to earn.
Importantly, the damages secured in birth injury claims give these children a chance of experiencing the varied and fulfilling lives that maternity failures took away.
My client Marcus was deprived of oxygen due to delays in his mother's delivery, which required an emergency c-section. He was found to have the most severe grade of hypoxic ischaemic brain damage and was later diagnosed with cerebral palsy and epilepsy. He will never be able to live independently and requires costly around the clock care to keep him safe.
The case settled for £24million, which will enable Marcus to live in comfort and with dignity. The damages have provided a specially adapted property with outdoor space for Marcus and his family. It funds his many ongoing therapies, including speech and language, physiotherapy and educational psychology and will secure his future care.
Mindy is a young twin girl who was left with cerebral palsy following negligent delivery delays at birth that led to a hypoxic brain injury. She has a complex constellation of conditions and will always require care and supervision during the day and night. She will never be able to work or manage her finances and will require a range of therapeutic interventions throughout her life.
I represented Mindy's family and secured £28.5 million on her behalf, which is managed by the Fieldfisher Court of Protection team. In addition to her therapy and care, Mindy will be able to buy a property to accommodate her carers, therapy regime and family. The structure of the settlement means that the compensation will never run out and she will always have the support she needs.
As a firm we support the Government's drive to address maternity failings, and we hope that the families devastated by such negligence will be at the heart of the reform.
Hear from the parents of Freddie, a young boy with cerebral palsy, on how the settlement of their birth injury claim changed all their lives – including funding carers, therapies and adapted accommodation.
Read about our successful birth injury claims and hear from clients.
Contact us
For further information about medical negligence claims please call Iona Meeres-Young on 0330 460 6769 or email iona.meeres-young@fieldfisher.com.
- You can speak to our medical negligence solicitors on freephone 0800 358 3848
- email us: personalinjury@fieldfisher.com
- Complete the short online enquiry form
All enquiries are completely free of charge and we will investigate all funding options for you including no win no fee.
