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What is hypoxia?

Hypoxia is a reduction of oxygen in the blood supply. This can happen to a baby during the birth process and if severe enough, can cause permanent brain injury. The longer the period of hypoxia, the worse the brain damage can be.

When to make a claim

There are a number of events during pregnancy, labour and birth that can lead to a reduction of the oxygen supply to your baby. The important thing is whether the doctors or midwives should have recognised this and acted sooner to deliver the baby to prevent brain damage setting in. This is how many claims made by children with cerebral palsy or other neurological injuries arise – the medical professionals failing to respond to signs of hypoxia during their mother’s labour and at their birth.

How we can help

We have acted for many children who have suffered hypoxic brain injuries at birth, obtaining millions of pounds of compensation to ensure they have the right care and support for their rest of their lives.

Our first step would be to discuss the circumstances of the birth with you and then review the medical records. We would then be able to advise on your prospects of winning a claim, and discuss an appropriate form of funding to cover the legal costs, including that of obtaining expert opinions on your case. All of this is at no cost to you.

Life after a hypoxic brain injury

Our aim is to obtain an early admission of liability from those responsible for the avoidable brain injury, and ensure maximum compensation is awarded. Our expert Deputyship team can support you after the claim has settled to ensure that the compensation really does change your life for the better. Have a look at our client stories to see how we have helped others.

Large settlement paid to young mum following a failure to control baby’s delivery
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

Screening errors and genetic disorders

Related Specialism

IVH

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