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pregnant woman
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pregnant woman

Birth injuries

Pregnancy, and the arrival of a new baby, is a special time for the parents of the baby and others in the family.

We know that the vast majority of pregnancies and births happen without any problems or complications. We also know that, unfortunately, any clinical negligence that causes problems for mother or baby can have very serious short and long-term effect.

In this section, when we refer to birth injuries, we mean harm suffered by either mother or baby as a result of clinical negligence during pregnancy or during labour.

Our specialist team of clinical negligence solicitors have wide experience in helping parents whose babies have suffered injury as a result of clinical negligence and mothers who have suffered injuries while giving birth.

Types of clinical negligence at birth;

  • Delay in delivery resulting in oxygen starvation to the baby’s brain
  • Mis-interpretation of CTG
  • Problems following caesarean sections
  • Injuries caused by inappropriate use of forceps
  • Problems such as pre-eclampsia, bladder, bowel or ureter injury

We have represented a number of mothers who suffered injuries during birth as a result of inappropriate medical care or whose difficulties were missed or not properly diagnosed.

Experience in birth injury claims

Our specialist clinical negligence solicitors have extensive experience of dealing with birth injuries such as Cerebral Palsy. Cerebral Palsy is a term used by doctors to refer to a set of neurological conditions that affect a child's movement and co-ordination. Cerebral Palsy is caused by damage to a child’s brain which normally occurs before, during or soon after birth.

We appreciate what a stressful time pregnancy and birth can be. Mothers and newborn babies have to put their complete trust in medical and clinical professionals.

In the vast majority of cases, pregnancy and birth happens without undue problems or complications.

In the minority of cases where, unfortunately, clinical negligence occurs, we are help to help achieve some measure of redress and seek compensation.

Contact our specialist clinical negligence solicitors

If you would like to talk to someone about your experience, in the first instance please complete our Clinical Negligence Enquiry form.

Please give as much detail as you can about the birth injury as this will assist in our ability to fully understand your circumstances and best decide the next steps to be taken. 

This advice is, of course, free of charge.

No win no fee personal injury solicitors

The expression “No Win – No Fee” is often used in personal injury cases.  It is used as a way of funding a compensation claim where the accident victim does not have the means to pay for the costs involved as the case progresses. 

A number of solicitors are prepared to handle personal injury cases on a “No Win – No Fee” basis but very few are able to offer their clients complete protection if the case is unsuccessful. 

In that event, the client could end up being liable for many thousands of pounds in legal expenses or the case won't be fully investigated and therefore likely to under-settle.

Compensate 'no win no fee' funding

Digby Brown has its own funding company, Compensate, which provides the funding to allow the case to be fully investigated, employ the best experts surrounding the circumstances of the accident and/or injuries sustained and where and if necessary go to court.

If for whatever reason the case is unsuccessful, Compensate pays all your legal expenses and those of your opponent – you pay nothing

On average our clients receive over 3 times the pre-litigation offer

Because of Compensate funding Digby Brown's success rate is extremely high and on average our clients receive three times the pre-litigation offer.

In the event the case is successful, a small percentage of your damages will be deducted with VAT to pay for this service. The percentage which Compensate will charge depends on the degree of risk involved. We believe that this is the fairest method of giving clients access to justice whilst ensuring their cases are fully investigated, prepared and funded.

Don’t take our word for it, just read many of the court decisions and case studies on our website, or watch Joanne's story.

Beware of compensation offers which may be too good

We know you will have seen many adverts offering 100% compensation or telling you that you will not lose any of your compensation, however we believe there are a number of problems with companies that do this.

  • How do they make their money if they don’t charge you anything?
  • If they aren’t taking any money from you, the client, what incentive do they have to ensure you receive the right level of compensation, appropriate to the injuries you have sustained?
  • Fully preparing a case, finding out exactly what happened and what the consequences of your injuries may mean in the long term, is expensive, how do they do this properly?
  • If they aren’t fully preparing these cases will they just accept the first offer they are given on your behalf by the Insurance company?
  • It makes simple business sense, the less work they do the higher their profit margin is - they simply have no incentive to work harder on your behalf.
  • These adverts in the main are from English firms on national television which operates in a different way and therefore wouldn’t apply to a Scottish person.

We know from the many client cases we mandate from other firms of solicitors (in the main at the request of the client who is extremely unsatisfied with the service received for the other firm) that many shortcuts are taken in preparation and that the first offer received is being recommended for acceptance, regardless of the value. 

Getting something for nothing is usually the first sign of poor service.

Correct level of compensation with Digby Brown

Our experience and statistics show time and time again we will achieve the correct level of compensation which will be substantially more than the insurer is initially prepared to offer.

Even after we have deducted our percentage as a success fee you will gain considerably more than you would have achieved using a 100% compensation model.

Contact Digby Brown's personal injury solicitors

We have offices across Scotland in Glasgow, Edinburgh, Dundee, Kirkcaldy, Inverness, Aberdeen and Ayr.

For further information about no win no fee, or anything else, call us on 0333 200 5925 or fill in our enquiry form below and someone will get back in touch with you.

0333 200 5926

Monday to Friday: 8am - 7pm

(Please note, local rate even from mobile)

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Complete our enquiry form and we will strive to reply within 24 hours

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