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Impact of HIE

When babies have been born following a period of hypoxia, they are often in poor condition. Sometimes they are described as “floppy” or “grey/blue”, and often require resuscitation. Signs of HIE may then develop in the first day or two or life.

A baby diagnosed with HIE will often have breathing and feeding difficulties, low muscle tone and may suffer from seizures. A brain scan, usually an MRI, will confirm if any brain damage has occurred. If it has, long term neurological impairments and disabilities may result, including cerebral palsy.

Why make a claim?

HIE and the associated brain damage is often avoidable with the right care and treatment during pregnancy, labour and birth, and in the early neonatal days. If there are signs that a baby is suffering with a lack of oxygen during pregnancy or labour, such as an abnormal heart rate, the midwife or doctor should spot this and take action to remedy it and deliver the baby before brain damage occurs. If this doesn’t happen, there may be a claim for clinical negligence.

Why choose us?

We are specialists in birth injury and HIE claims, having obtained large amounts of compensation for many children who have suffered a brain injury at birth. We push the boundaries to ensure that all avenues are explored and that even the most difficult of claims have the best chance of succeeding. And at all times we put our clients first, asking the questions they want answered and ensuring they obtain the compensation they need to make life better.

Frequently asked questions
How long will my claim take?

All claims are different and this depends upon when a final prognosis is known and a claim can be valued.

Once we obtain an admission of liability in your case we can request an immediate payment to help with your needs and put support in place.

What will the first steps be?

We will discuss your circumstances at a time and place to suit you – in person, at your home or on the telephone. We can request your medical records at the outset free of charge.  Once we have reviewed your records we can advise you further and appoint suitable experts to provide their opinion on your potential claim.

Will I have to go to court?

Medical negligence claims rarely go to court, with only a small percentage of the more complex cases ending up there. However, in the unlikely event that your case reaches court, we will be by your side throughout the process.

 

When will be damages be paid?

As soon as we possibly can, we will obtain an early payment for you to support any immediate financial needs you have.  This can help you obtain care, therapy, accommodation and rehabilitation. The sooner you investigate a potential claim the sooner an early payment can be made if you are successful.

 

What can I claim for?

The aim of compensation is to put you in the financial position you would have been in had it not been for the injury/negligence in question. We recognise that this is sometimes impossible, but we can work with you and the best experts to ensure all your needs are assessed and costed to help you transform your life for the better, and to give you financial security for the future. 

 

How much is my claim worth?

It is difficult to advise upon the value of your claim at the outset given the complexity of the issues involved.  However, if you have sustained a life changing injury then damages are likely to be substantial.  Once the correct expert evidence is obtained and when a final prognosis is known we can advise you further.  Our role is to maximise the compensation you receive and we specialise in doing so.

Are there any time limits to pursue a claim?

It is important to pursue your claim as quickly as possible due to time limits and to also enable us to help you obtain compensation as soon as possible. This is especially the case in complex cases as the process can be lengthy.

You have to start your claim within 3-years (limitation period) from when the injury occurred or when you first became aware of any potential negligence or injury as a result.  However, the time limit only begins when a child reaches 18 years of age.

For someone who lacks capacity to pursue any litigation, the 3-year time period may never start to run although capacity can return or be intermittent.

You should always seek legal advice upon the relevant limitation period in your circumstances.

 

Will my claim be reported in the press?

We will always respect your right to privacy wherever possible.  Sometimes, clients want details of any settlement to be made public or there may be publicity surrounding the case in certain circumstances.  If this occurs we can support you in managing any contact with the media to ensure you are in control of any publicity that occurs.

 

Related Specialism

Birth Injury

Related Specialism

Screening errors and genetic disorders

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