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Does anyone have any experience of birth injury claims?

(5 Posts)

DS has significant disabilities with no known cause. Until now we've been exploring the genetics route but something has come to light that means I'm now looking into other things, potentially being the possibilities of birth injury and/or medical negligence.

I've requested all notes from the hospital. Just wondering if anyone has any experiences they are able to share or any recommendations on how and when to seek out a good solicitor if we need it.

hazeyjane Thu 29-Aug-13 18:56:29

Gosh Starfish, what a lot to take in.

When ds was first born, my instinct was that something had gone wrong at the birth. He was elcs, and it was a very traumatic experience for me and him.

I met with the consultant and surgeon after the birth to discuss what had happened, it was sold to me as a counselling session to help clear up some worries and concerns, but in seeing the letter written from the session, my gp said that it seemed to be a huge arse covering session.

As time has gone on, I too think ds's issues have a genetic cause, and it was these that caused the traumatic birth rather than the other way round, IYSWIM.

I know someone who is very well respected in the field of birth injury claims, specifically dealing with brain injured children. I don't know if she would be able, but she might know of someone you could get in touch with?

It's taken me a while to get round to doing anything about it, but a few months ago during a discussion with a neuro-developmental expert it was suggested that the swift movement to genetics investigations might have been a bit of a smokescreen.

The circumstances of DS's birth weren't great, he was very overdue, induction, fast labour, massive heart rate decelerations, panic among inexperienced midwives leading to huge delay in knowing what to do about said decels followed by lead clinician conducting ventouse in theatre. DS was ok at birth but was very, very distressed and screamed continually for hours before settling into an exhausted reverie for days.

I was just so glad to have a live, breathing baby (DD was blue at birth, apgar of 1, didn't breath independently for 18 mins) that it didn't occur to me there could have been birth related problems for DS. But by eight weeks I was convinced he had cerebral palsy because he alternated low and high tone, had odd hand writhing movements and wasn't developing. His MRI showed no damage but delayed myelination, so I think cerebral palsy has all but been ruled out, but I don't know about other brain injuries or whether the MRI at 9 months was just too early to show anything significant. I'm wondering now about the possibility of strokes during labour that were missed and also bleeds on the brain due to ventouse.

Even if there is an underlying genetic issue I just have this dark, dark feeling about his birth, especially as one of our birth team was a bit weird with me afterwards, and our house was later burgled when only she knew we would be out and the video camera and recording of DS's labour and birth was stolen.

If your friend does know someone I could get in touch with I'd be very very grateful. I have no evidence in front of me yet. Birth notes are on their way... xx

nennypops Thu 29-Aug-13 22:04:48

I would have thought it's good to involve a solicitor reasonably quickly, because you might have to get hold of witnesses etc before they disappear. Simpson Millar are good on this type of claim.

Good point nenny. Do you think so, even though we have no diagnosis?

I feel that our consultants really haven't investigated the circumstances of DS's birth as a potential cause at all, and I wonder if they ever would unless I pushed for it, because it could come clear there was negligence of some kind? The pathway has been 'let's investigate genetics and if that throws up nothing then we'll do further neurological tests...' but genetic testing to the n'th degree takes years.

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