How to Prepare for a Legal Consultation: A Guide for Parents Facing a Birth Injury Claim
The weeks and months following your child’s birth injury are overwhelming, to say the least. Not only are you trying to do everything possible to care for your baby, but you’re also beginning to realize that what happened during delivery was not normal. To add to this, you’ve recently found out that you might have to seek legal action. Interacting with a solicitor unprepared, though, can quickly send you on an emotional downward spiral. Here’s what you should do before you make an appointment with a lawyer.
Write everything down before you forget it
Create a timeline. Not the official one – your timeline. Record everything you recollect about the pregnancy, the labor, the birth, and the treatment your child received in the days following. Record who was present, what was said, when you had a sense that something was not right, and how the staff reacted.
Your memory is more important than you might imagine. Official records do not include every detail. Conversations and instances where you sensed something was wrong, decisions etc., may not be included in the records at all. Your memory can help a solicitor identify any gaps or contradictions in the official records – and those contradictions can be important.
Ask for and obtain your maternity notes as soon as possible. These are the medical records relating to your pregnancy, labor, birth, and neonatal care. You are entitled to these notes. If you can, get hold of them before the appointment and take the notes with you.
Choose the right legal representation
Birth injury claims are some of the most complicated and high-value cases in clinical negligence. The stakes are high, and not every lawyer has the knowledge and experience these cases require. You need to speak with a Birth Injury Lawyer who has experience of acting in cases of clinical negligence involving severe neonatal brain damage – someone who understands the medical reports, the expert evidence and who has access to the right experts, as well as knowing what the costs of care are likely to be.
Understand the three-part legal test
You don’t need to have any legal knowledge in advance. However, having a basic understanding will help you make sense of the discussion and ask relevant questions.
A birth injury claim for clinical negligence is based on three main points. First, the medical staff owed you and your child a duty of care. Second, they breached that duty, which means the standard of care provided was below what is considered reasonable. Third, and this is usually the most challenging aspect of the claim, the breach of duty directly led to your child’s injury, and it was not caused by an underlying condition or an inevitable complication.
Proving that the breach of duty directly caused your child’s injury (causation) can get quite intricate. Issues like hypoxic-ischemic encephalopathy or cerebral palsy can be related to more than one cause. Your legal team will work with independent medical experts to establish this, but you should be aware that proving causation will be a detailed process.
Bring your child’s current care picture
The potential value of a birth injury legal claim isn’t just about what happened on the day – it’s about what your child will need for the rest of their life.
If you have them available, take diagnostic reports, therapy plans, any assessments from specialists, and a detailed description of your child’s daily care routine with you to the consultation. What support do they receive now, what might they need in the future, and what are you already paying for out of your own pocket?
The right lawyer will want to start building an early picture of what the claim could cover and will help you explore areas you may not have thought about. This all helps put together the strongest possible case, and gives you a better idea of what levels of damages could be justified.
You will also need this information to hand if the solicitor plans to have a professional produce a care report. These are essential to calculating the value of a claim and what level of support the solicitor can argue for.
Ask the right questions about funding
Many parents are unaware of what details they should be seeking clarification on expenses and are often reluctant to bring up the subject. However, you have the right to be fully informed about how the injury claim funding works.
Most birth injury claims use a Conditional Fee Agreement, also known as No Win, No Fee. This implies that you won’t have to pay legal expenses if the case is lost. However, in some situations, Legal Aid can still be an option, especially for child neurological injury cases. You should ask your lawyer which situation applies to your case and what is covered in either case.
Besides, you should also enquire about the limitation period. In the case of children, this isn’t begun until they turn 18, which gives you more time than you might think. But more time doesn’t mean waiting is optimal. Evidence becomes less reliable, witnesses become harder to track, and the child’s best interests may also be overlooked in the meantime.
Land the first meeting with a plan
Come in with your timeline in hand, your records ordered, your child’s medical records in one place, and your notes prepared. You do not have to know everything – that’s your solicitors job. But showing up ready allows the meeting to go deeper and longer. Your child’s case improves the minute you are ready to present it cohesively.
