Oxygen Starvation Claims Solicitors

In most medical negligence claims, there is a three-year time limit from the date of the injury (or the date the claimant became aware of their injury) to file a claim.

In oxygen starvation claims, if the claimant is considered not to have the mental capacity to represent themselves at court, then there is no time limit to when they must file their claim.

Similarly, if the claimant is under 18, they have until their 21st birthday to file a claim (if they have suitable mental capacity).

However, we recommend filing a claim as soon as possible – this ensures that evidence stays fresh and witness statements are more accurate.

To secure compensation for an oxygen deprivation claim, you must use a variety of evidence to prove your claim, including:

• Medical records
• Witness statements
• Personal statements
• Complaints correspondence
• Photographs and videos
• Financial records

As experienced birth injury solicitors, we also work with independent medical experts. Their reports are essential to prove breach of duty and causation, and to accurately value your claim.

No. At Gadsby Wicks, 96% of our cases settle outside of court, meaning there is a strong chance we can resolve your claim through negotiations with the Defendants.

If your claim does proceed to court, we make sure you are fully prepared and arrange meetings with the barristers who will represent you.

As ‘no win, no fee’ birth injury solicitors, our clients don’t pay anything at any stage of their case. We only get paid if your claim is successful, and our fee is recovered from the injury compensation you receive.

This guarantees that you are never at any financial risk at any time – no hidden costs and you keep at least 75% of your compensation.

For more information, please explore our legal funding options.

This varies from case to case, depending on the complexity of the case, the time it takes to receive medical reports and the stance taken by the Defendants.

In addition, in an oxygen starvation at birth claim, it may take until the child is at least eight or nine years old to settle their claim (although this may be younger or older depending on the circumstances).

Even if the Defendant admits liability early, it will take several years to establish how the baby’s injuries will affect their long-term development. You do not want to settle too early, as the award you receive may not be enough to meet your child’s ongoing needs.

By monitoring and reviewing the child’s development for several years, impartial experts will be much better placed to inform us of what support they will need in the future.

During this wait, you could receive interim payments to support your child’s wellbeing and quality of life if the Defendants are found liable for your child’s injuries. These payments can provide much-needed financial support to meet the immediate needs of your child and your family, and help you figure out a care regime that works for you before the final settlement.

Yes. If the claimant in an oxygen starvation claim is either too young or lacks the mental capacity to file a claim themselves, you can do this for them by acting as a Litigation Friend.

For more information, read our article on how to make a birth injury claim on your child’s behalf.

At Gadsby Wicks, our legal process for an oxygen starvation claim can be split into eight steps:

1. Initial consultation
2. Funding
3. Investigating evidence
4. Instructing medical experts
5. Valuing your claim
6. Presenting your case
7. Negotiating a settlement
8. Going to Trial

For more information, explore our entire medical negligence claims process.

Choosing Gadsby Wicks to support you or your loved one’s oxygen starvation claim gives you access to over 30 years of experience handling the most complex birth injury and brain injury claims:

• We are specialists in medical negligence, having worked exclusively in this area since 1993
• We have a strong track record of successful medical negligence cases
• We provide compassionate, sensitive support during these challenging cases
• We put you first, doing everything in our power to reduce the stress of making a claim
• Our knowledge and expertise help us handle claims efficiently
• We work on a ‘no win, no fee’ basis, ensuring you face no financial risk at any stage of your claim

Ready to work with the true medical negligence specialists? Start your claim with us today.