Brain injury due to premature birth claims UK
Levenes have concluded a claim for a Claimant who sustained a brain injury due to her premature birth which was brought on by her mother’s injuries in a road traffic accident during her pregnancy.
Proving negligence, namely that an unborn baby sustained injuries because of the mother being involved in an accident is never easy. It requires meticulous attention to detail to prove causal link and consequently a successful claim.
The case in hand was unique in that it was not that the Claimant was injured while in her mother’s womb, but that, otherwise a normal and uneventful pregnancy, suddenly changed with the injuries the mother sustained in the accident and resulted in the Claimant to being delivered prematurely.
It was obvious that the accident had caused the premature delivery of the Claimant, but how do you prove that this caused the Claimant’s brain injury?
It is common knowledge that premature birth can lead to various physical and cognitive health issues in an individual from birth through to adult life. However, this is not enough to prove a personal injury claim which must be backed with evidence.
As with all personal injury matters, investigating the Claimant’s medical history by obtaining the relevant medical records and radiological imaging was essential. In this case, we obtained a crucial MRI scan which showed changes to the Claimant’s brain which was consistent with ‘periventricular leukomalacia’ – a type of brain injury that affects premature babies.
We then enlisted a number of experts who provided their expert opinion on the causal link between the Claimant’s premature birth and her brain injury and the impact the brain injury had on her everyday life now.
With supportive evidence by our side, we were able to establish liability. So, what next?
Our work did not end once liability was established, in fact it was just beginning as the Claimant was recommended rehabilitative therapy before obtaining further expert evidence to comment on the impact of her brain injury on her future life and the support she would need to support her.
With liability accepted, we were able to obtain interim payments to arrange rehabilitation immediately. It was essential to get the right case management company and case manager involved as brain injury, especially for a child, required the right expertise and team of therapists.
We had on board case managers who understood the Claimant’s needs and brought in a team of specialised neuropsychological, occupational and speech and language therapists. They provided treatment as well as guidance and strategies to support workers who worked with the Claimant in achieving her goals. The Claimant also had a tutor to help her achieve her maximum potential.
The Claimant continues to receive therapy and support which will be lifelong. The settlement achieved in this case will ensure that she continues to receive the treatment and support without disruption.
The Claimant was represented by Tim Beasley, head of Levenes Catastrophic Injury Team, and Mehtap Arslan.
We understand the impact that brain injury can have upon you
Our specialist brain and head injury solicitors have been successful in some of the most complex brain injury claims. Levenes expert brain and head injury solicitors really understand how serious this type of injury can be and the many problems people suffer.
You will need expert advice on what action you can take to obtain accident compensation. You can trust in the experience and knowledge of our team of professional serious injury lawyers to ensure that you receive the maximum amount of compensation that you are entitled to.