As specialist medical negligence solicitors, Moore Barlow often advise parents who are concerned about disabilities and injuries that their children may have developed either in the womb, at or around the time of birth, or in the neonatal period.
Sometimes children are born with disabilities that are not identifiable before delivery. In some cases, however, potential disabilities can be identified by investigation during a pregnancy and this enables parents to have a full and frank conversation with doctors about what disabilities can be expected and what their options as parents are.
Where there is a failure, during the antenatal period, to provide appropriate advice and/or investigation which means that parents are not appropriately advised of the risk or extent of likely disabilities and their options before birth, then the birth of a child who is born with a disability can cause concern and questions about whether anything went “wrong” during the mother’s pregnancy.
Moore Barlow have advised parents in exactly this position. We have successfully acted for the parents of a child who was born with Cornelia de Lange Syndrome (“CdLS”) after repeated parental concern about the pregnancy was extensively investigated by two hospitals, but who were not advised of the likelihood of significant disability or their options as parents.
Our clients’ son is profoundly disabled because of his CdLS and will always need 24-hour care, adapted housing/transport, equipment and appropriate therapeutic support for the whole of his life.
His parents initially pursued a hospital complaint which was rebuffed before seeking legal advice. We obtained independent expert medical evidence which supported the parents’ concerns that they were not appropriately advised of the risk and extent of likely disability or their options as parents.
After formal legal proceedings were issued, the claim was vigorously defended before we secured a settlement with the Defendants accepting a 90% share of liability. Compensation by way of a structured financial settlement is likely to worth in excess of £10m over the child’s expected lifetime and will provide for his disability needs. Interim compensation obtained following the liability agreement enabled the family to appoint a case manager to assist with their son’s management and care/therapy needs whilst the overall extent of the claim was assessed and then agreed.
“Paul provided us with the guidance and expertise we needed to navigate our way through a complex legal process. His approach has always been calm, understanding and empathetic towards our needs and more importantly driven to get the best outcome possible for our case.
When we were faced with the challenge of establishing liability, various aspects of case law, numerous expert opinions and significant effort in helping to assess quantum, Paul and his team made it very simple for us to digest and understand what we needed to do. Paul pursued our case with very high levels of professionalism, energy, determination and momentum throughout but also with empathy and compassion – he put us completely at ease during such an emotional and distressing time for the family.
Nothing can really show our gratitude for the successful outcome and settlement that was achieved by Paul and his team – they have changed the life of a young child and will enable our family to move forward together whilst providing our son with love and the specialist care and support that he needs.
The service from Moore Barlow was what set them apart and, in our opinion, within the top tier of solicitors in this field. We would highly recommend them to anyone looking for legal advice or representation.”
The parents
Read the full case study here – Compensation for failings in the antenatal diagnosis of Cornelia de Lange Syndrome
How Moore Barlow can help
If you have any concerns about your own antenatal management, please do not hesitate to get in touch with our Medical Negligence lawyers for a confidential and free initial consultation about the merits of any claim you may have.
