An injury at birth can occur due to a baby being starved of oxygen during the birth process, or there can be problems earlier in pregnancy, leading to complications, or after delivery. The mother may also have a separate claim if she has been injured due to a lack of care. We can investigate whether cerebral palsy has happened as a result of negligence by a midwife or doctor and inform you of your choices if you wish to pursue a complaint or a claim.
We pride ourselves in being specialists in this complex area, having had many successful claims for clients from all over Scotland. Recently we recovered substantial damages for a child whose mother was negligently prescribed medication during pregnancy and sustained brain damage as a result.
Balfour+Manson LLP’s team is led by Fred Tyler, who is an expert in clinical negligence cases relating to births. Its ‘excellent, gifted lawyers have a firm grasp of their area of work and are totally committed to the clients they serve’.
When you contact us we will take full details of what happened, where it took place, and when.
If it was less than 3 years ago it is likely you are within time to investigate it. However, if it is more than 3 years since it happened, it will depend on a number of factors and we can discuss it further. A child has until their 19th birthday to commence a claim, or it could be later in exceptional circumstances.
We will then obtain all your relevant medical records and refer them to an independent expert, in the area of medicine that you criticise. It is a high test, and if the expert confirms that it has been met, the next stage is to prove what difference the negligence has made.
We have a good working relationship with medical professionals in a wide variety of disciplines to assist us.
We offer a range of funding options, including Legal Aid in certain circumstances, which we can discuss with you.