Brain Injuries at Birth Claims Lawyers: Our task is finding out what happened and why it happened ?
Birth injuries suffered during labour not only affect the quality of life of the family member who has suffered a brain injury but also their parents and other family members. It is often the case that the parents will need to concentrate their efforts on looking after the brain-injured member of the family and have less time for other family members, which can have a significant impact on the lives of loved ones.
Parents of the brain injury child, want to know what happened and could it have been avoided , these are fundamental questions that our team are skilled at obtaining answers to.
At Wiseman Wingate, our experienced team of clinical negligence specialists can assist parents with even the most complex of claims against the NHS and private medical institutions, while offering clients the compassion, emotional and legal support they need at this difficult time.
A Personalised Service from a Clinical Negligence Specialist with 30+ Years’ Experience
We are proud to offer a more personal service than some of the larger law firms, and all of our cases are dealt with by Tony Wiseman, a Clinical Negligence specialist with over 30 years’ experience. He is a member of the Law Society Clinical Negligence Panel and throughout his career has achieved million-pound settlements for clients who suffered brain injuries at birth. The compensation our clients have received has enabled the improvement in the quality of life of the brain-injured person, as it can allow them to employ full-time carers, live in suitable accommodation, and purchase appropriate aids and equipment.
This has allowed parents and other family members to enjoy a better quality of relationship with the brain-injured person, focusing on quality of life activities rather than constantly undertaking the care needs of that family member.
Whilst compensation does not take away the emotional trauma of having a disabled family member, from a practical point of view, it will reduce the stress of looking after that family member and reduce the anxiety felt by parents about the future as they know their love one will be properly fund so that their needs will be met for the rest of their life.
Free consultations for parents and family members
At Wiseman Wingate, we believe that parents should have the chance to discuss the possibility of a successful compensation claim with an experienced brain injury claims lawyer.
We believe discussing the possibility of a case helps the parents of those whose do not have a compensation claim as it may help to resolve those nagging doubts about whether a compensation claim should be pursued.
Tony Wiseman offers free consultations by appointment to parents and other family members who wish to explore the possibility of a compensation claim on behalf of the brain-injured family member. To make an appointment, get in touch with our team today.
How Can Brain Injuries Occur at Birth?
The majority of successful brain-injured baby claims stem from birth asphyxia, which is a lack of oxygen in the brain suffered before birth. In essence, there is reduced oxygenation to the foetal brain that leads to progressive and irreversible damage (Cerebral Palsy).
If the answer to any of the following questions is yes, you should discuss the possibility of bringing a claim with an experienced solicitor:
- During the pregnancy did the mother suffer from an infection or was the baby’s growth restricted?
- Was there evidence of marked and prolonged intrapartum asphyxia (occurring before birth) the answer to this question is principally answered by an examination of a CTG trace.
- At birth did the baby have low APGAR scores? APGAR scores is a subjective test and therefore is only one factor that needs to be taken into account.
- Did the baby pass meconium before birth? Baby’s who are asphyxiated can inhale in utero or immediately after birth thick meconium into the large and same airways that irritates the lungs causing respiratory distress.
- What was the condition of the child at birth, was resuscitation required?
- Did the newborn exhibit on an MIR scan signs of moderate or severe hypoxic ischaemic encephalopathy (often referred to in the medical notes as ‘HIE’) during the newborn period, with evidence also of an asphyxia injury to other organ systems?
These are a few of the clinical signs one has to consider. Another important issue is what were you advised in respect of having or not having a caesarean section?
HIE Birth Injury Claims Advice
Where a brain scan report makes reference to hypoxic ischaemic encephalopathy (HIE), this raises the possibility of a clinical negligence claim. Our birth injury lawyers are experienced with HIE-related claims.
Claiming Compensation for a Brain Injury Sustained at Birth
It is necessary to prove to the Court that the injury suffered at birth could have been avoided if competent care had been given either during pregnancy, labour or the period shortly after birth. Expert opinions are required from leading specialists in obstetrics, neonatology, paediatric neuroradiology and paediatric neurology.
Putting the correct team of experts together and asking the right questions is part of the role of a birth claims lawyer, to ensure the claim is successful and they receive the compensation that can greatly improve their quality of life.
Are There Time Limits for Making a Claim?
You can make a claim on behalf of your child until their 18th birthday. From the time your child turns 18, the question that needs to be considered is whether the brain injured person has mental capacity. Mental capacity is a legal term that has to be considered in the light of the Mental Capacity Act 2005.
If a brain-injured person does not have mental capacity, the limitation period does not apply, although it is important to bring a claim as soon as possible from a practical point of view.
If the brain injured person has mental capacity court proceedings must be issued before their 21st birthday.
Limitations can be complicated; therefore, it is advisable to seek legal advice to see if you can make a claim. Get in touch with our team if you have any questions about time limits for making a claim.
Help from Wiseman Wingate Solicitors
If your child has suffered from Cerebral Palsy, it is important that you are fully advised about the prospects of bringing a successful claim and what is involved in bringing a compensation claim. Tony Wiseman can provide expert advice and offers a free consultation.
The process of investigating a clinical negligence claim may not only result in payment of compensation but can also provide clarity as to what happened and why.
Contact our Brain Injuries at Birth Compensation Solicitors in Essex & North-East London
At Wiseman Wingate Solicitors, we understand the devastating nature of birthing complications and injuries that happen as a result of clinical negligence. Tony Wiseman goes above and beyond to meet clients’ needs, offering out of hours appointments and travelling to clients when required so that we can fit around your schedule.
Our firm offers ‘No Win, No Fee’ on clinical negligence claims. Under the ‘No Win, No Fee’ Agreement, we do not take any deductions from the compensation monies when acting for children. In addition, all cases are dealt with by Tony Wiseman himself, a leading clinical negligence specialist with 30 years of experience. Multi-million-pound compensation awards have been achieved with our clinical negligence compensation claims work with outcomes that have transformed the lives of our clients.
Talk to our friendly and professional team about a claim you might have for medical negligence, and we will talk you through your legal options. Contact our office in Brentwood on 01428 687717, or submit an enquiry via our online form.
Tony Wiseman - Notable Cases
Wiseman Wingate Solicitors have a busy Clinical Negligence practice acting for Claimants. Tony Wiseman is head of Clinical Negligence, is experienced covering a full range of claims encompassing injuries of the utmost severity including spinal surgery, neurosurgery, birth injury cases, delayed diagnosis of cancer, dentistry, surgery and ophthalmology.
Tony is a member of the Law Society Clinical Negligence Accreditation Panel.
The names of clients have been anonymised for confidentiality reasons.
The Claimant, who was a baby at the time, contracted Tuberculosis at the time which was misdiagnosed resulting in severe Cerebral Palsy.
A multi-million-pound settlement was achieved.
Cerebral Palsy injury suffered at birth. The claim settled for a multi-million-pound sum.
Tony specialises in “brain injury baby cases” where neurological other injuries suffered at birth and has settled many multi-million pound claims of this nature.
The client suffered Erb’s Palsy injuries at birth. The claim settled for a sum just under 1 million pounds.
The client suffered a stroke and was taken by the Ambulance Service to hospital that did not have an Acute Stroke Unit, as a consequence there was a delay in treating the Claimant’s symptoms. The effect of which was to cause the client’s final symptoms to be worse than they otherwise have been.
The claim settled for a 5 figure sum.
The client has bowel surgery resulting in an infection that caused her to suffer a significant injury.
The client was retired and the quality of life has been adversely affected due to the Defendant’s negligence.
The case settled for a 6 figure sum.
The Defendant failed to diagnose that our client had suffered a testicle torsion, as a result the client required an operation.
The case settled for a 5 figure sum.
Our client had an operation to be sterilised which failed due to the clips being placed in the wrong place.
Another operation was required, the Claimant received a 4 figure sum in settlement.
Our client suffered damage to teeth as a result of negligent dental care and received a 4 figure settlement.
A clinical negligence case in which the defendant denied liability at every stage
Tony Wiseman raised a clinical negligence proceeding against a hospital when a routine operation went wrong. It led to disabilities for a lady approaching retirement that almost proved fatal and have permanently altered her quality of life.
From the start, and at every stage until a settlement was reached, the defendant denied liability. Tony was clear that negligence was to blame and so fought strenuously for his client, basing the case on a delay in diagnosing and treating an anastomotic leak, which had led to further complications.
The retired lady received a significant six-figure lump sum in compensation.
The client’s story
In 2009, a retired lady, ‘Mrs K’, was admitted to hospital. She required keyhole surgery to remove a section of her bowel (laparoscopic sigmoid colectomy). Her routine operation, however, resulted in serious complications.
She was discharged three days after surgery with severe abdominal pain and needing a wheelchair as she could barely walk. She returned to her GP five days later with worsening pain, nausea, fatigue, back ache, and a raised temperature.
Mrs K’s condition deteriorated dramatically over the following days and weeks. She says, “I only went into hospital for tiny surgery on my bowel and was there for nine months. At one point, I was within a blink of dying.”
Over the time since her first admission, she suffered – among other complications – multisystem organ failure, partial paralysis, blindness in one eye caused by a blood clot and required a tracheostomy. She is now disabled and her quality of life has been completely altered.
She turned to Tony Wiseman to raise a medical negligence proceeding against the hospital.
After a long legal battle, in which the defendant denied liability at every turn, the case was settled a short period before going to trial. Mrs K received a six-figure award in compensation.
She says, “I would definitely recommend Tony Wiseman to anyone in a similar situation”.
Ever wondered if your child’s disability is due entirely or in part to injuries suffered around the time of their birth?
Have you ever wondered whether your child’s disability could have been avoided “but for” clinical negligence?
Whilst not every child with a disability has a clinical negligence claim. There are a minority that do have a claim.
Thinking about what happened around the time of birth can often be emotionally upsetting; bringing to the forefront of your mind, events you would rather not recall.
Tony Wiseman says, ‘whilst the above is true, it is equally true that talking to an experience clinical negligence solicitor with over 30 years’ experience of dealing with claims were clients have suffered brain injuries during labour or shortly after birth, can be a positive experience in that it can help resolve many of the nagging doubts a parent may have.
For those who do have a clinical negligence claim, life can be made easier for the client and their family, as it will be possible to fund a ‘support package’, for example; care, accommodation and equipment that will improve the life of all concerned.
To win a birth injury clinical negligence claim one has to show that your child suffered an avoidable lack of oxygen during the labour or that the consequences of a lack of oxygen at around the time of birth were not adequately treated in the neonatal period; the first 4 weeks of life.
Has your child had a MRI brain scan?
If there is any reference in your child’s medical notes to hypoxic ischaemic encephalopathy (HIE) then investigating the possibility of a clinical negligence claim is worth exploring.
Hypoxic ischaemic encephalopathy is damage to cells in the central nervous system (the brain and the spinal cord), from inadequate oxygen during the process of labour or in a neonatal period.
HIE is recognised as causing Cerebral Palsy injuries, developmental delay, mental retardation and affects the development of speech.
HIE occurs in 2 – 9 of every 1,000 live births.
Whilst the majority of “term infant” with mild encephalopathy make a full recovery, 25% develop significant neurological sequelae.
For pre-term infants, the overall prognosis is worse.
Did your child suffer ‘fits’ in the period shortly after birth? Did your child require resuscitation after birth and/or spending a period of time in a Special Baby Unit?
Any of the above events, raises a suspicion that your child’s disability could be as a result of clinical negligence, it is worth discussing the circumstances of your child’s birth with us.
Not really sure; but would like to talk it through?
Why not contact Tony Wiseman, tell him about the circumstances of your child’s birth and he will provide you with his opinion as to whether the possibility of a clinical negligence claim should be investigated.
There is no charge for the consultation which can take place on the telephone.
Worried about the cost investigating a clinical negligence claim?
Don’t be, you will not have to pay for the investigation, we deal with these type of cases either under Legal Aid or No Win No Fee Agreements
"I only went into hospital for tiny surgery on my bowel and was there for nine months. At one point, I was within a blink of dying...I would definitely recommend Tony Wiseman to anyone in a similar situation."
“On the day of the settlement, my husband and I felt such relief. We were so pleased; our son got what he deserves. Tony did an amazing job.”
I am very impressed with the service I received and will not hesitate to recommend your company should the chance arise. Thank You.
I received good advice, I was well represented in Court, we got the outcome we wanted. Thank you for a fast professional service.
Fantastic, very efficient and friends, very professional.
Just very good and patient in waiting for my replies thank you.
I am more than satisfied, excellent service, with satisfactory results.
Very good, very pleased with the service. You kept me informed every step of the way thank you.
Very good service, very friendly and helpful people.
First class, Tony was outstanding and definitely went the extra mile for me, thank you.