How long do birth injury claims take to settle?

In the majority of cases, we would expect a substantial birth injury claim to take maybe 5 years or more to reach a final settlement. We can break this down into the various stages of making a negligence claim:

Investigating liability

First, a solicitor will obtain reports from medical professionals who investigate all available evidence, such as medical records and witness statements, to determine whether a defendant is liable for the birth trauma suffered by the claimant. Without liability, there is no medical negligence claim.

This investigation and obtaining of reports may take 2 years or more to complete, at which point your solicitor should have all the evidence they require to prove liability.

Confirming liability

Following this, the solicitor will send a formal Letter of Claim to the defendant(s) in question. If the defendant accepts liability, then they can proceed immediately to quantifying the final settlement amount.

However, if the defendant denies liability, the claimant’s solicitors will need to issue court proceedings so that a Court can determine whether the defendant is liable. It can take around another 2 years to arrange and conduct this hearing.

Quantifying the claim settlement

Once liability has either been accepted or established by the Court, the solicitors can then proceed to quantify compensation. The value of the claim will be determined by the input of relevant, impartial experts, who will assess the claimant’s injuries and prognosis, and then advise what care, treatments and equipment they will need as a result. These experts may include:

• Medical experts, such as a paediatric neurologist, a paediatric neuroradiologist, a neonatologist, etc.

• Care experts

• Physiotherapists

• Speech and language therapists

• Educational psychologists

• Architects

A birth injury solicitor will provide the experts with necessary evidence and reports, and ask appropriate questions to determine what care the claimant will require to live as comfortable and fulfilling a life as possible. This feedback is vital to establishing a suitable amount of compensation.

This may take several years to collect all of the reports and reach final settlement. Then, if the claimant is under the age of 18 or is considered a protected party (someone who lacks the mental capacity to make certain decisions for themselves), the settlement will have to be approved by the Court.

It is highly unlikely that a birth injury claim can be rushed. As the final settlement must be approved by the Court, this provides a layer of protection that prevents a claim from being settled too early.

If a solicitor were to attempt to rush the process, it is possible that they would miss important aspects. This could prevent them either from establishing liability for the claim, or increase the risk that the claim is under-settled.

Interim payments

In any event, there is no need to rush a claim towards final settlement, as the claimant may be able to obtain interim payments while the full amount of compensation is quantified.

An interim payment is a payment made on account of the final amount of compensation to be paid by the defendant to the claimant. Once a defendant has either admitted liability or has been found liable for some harm caused to the claimant, or the Court considers it very likely that the defendant will be found liable, the claimant can apply for an interim payment.

There is no limit to the number of interim payments that a claimant can receive. This reassures the claimant’s family that their needs can be met regardless of how long it takes to reach final settlement.

While each family’s circumstances are unique, interim payments will often cover the costs of:

• Establishing a care and therapy regime for the claimant, overseen by a professional case manager

• Adaptations to the family home, such as stairlifts, ramps, wet rooms, concealed garages and remote control fixtures, or moving to a more appropriate home

• Hiring live-in care assistants to provide full-time care to the claimant

• Aids and equipment such as wheelchairs, assistive technology and special seating

• Treatments and therapies to support their mobility and comfort, such as physiotherapy, hydrotherapy, and speech and language therapy

• The salary of the Deputy appointed by the Court of Protection

• Additional holiday and travel expenses

Interim payments allow families to find a routine that works for them. These resources may help them settle on care plans, therapies and accommodation that meets their child’s needs, so they can live as comfortably as possible, and demonstrate to the Court exactly what long-term support the claimant requires.

If you believe that your child’s birth injury was caused by the action or inaction of a healthcare professional, you should contact a specialist medical negligence firm like Gadsby Wicks.

While a birth injury claim will almost always take several years to conclude, working with experienced legal experts will ensure the process is handled as efficiently as possible:

• We know what aspects to look for in our clients’ medical records and statements, and how these affect their prognosis and likely care requirements

• We know which healthcare professional’s conduct to investigate first

• We can assess reports in a more focused manner than solicitors without specialist knowledge

• We have connections with trusted, impartial medical experts, who are both working in their field right now and understand the legal tests we require

• We know what information our experts need and can supply this immediately, ensuring no unnecessary delays

We have decades of experience handling birth injury claims, and our solicitors work tirelessly to ensure that our clients receive the compensation, answers and justice they deserve. While we cannot go back in time, we are committed to securing your family’s future.

Find out if you have a claim, or get in touch today – there is no pressure or obligation, and you can ask as many questions as you would like.

Disclaimer

All content contained within this article is meant for general information only – this should not be treated as a substitute for medical advice from your doctor or another healthcare provider. If you require legal advice specific to your situation, please contact our team directly.

Gadsby Wicks is not liable for any diagnosis made from the content of this article, nor does it endorse any service or external site linked to within the article.

Always consult your GP if you are concerned about your health and wellbeing, or speak to us if you require legal advice.