I will try to assist you with this.
I’m sorry for your loss.
I apologise for the factual nature of my questions.
How long ago was this?
Have you already been to see a solicitor about this and if so, what was the outcome?
Do you have any proof or expert’s opinion yet which states that if you had been in hospital, it would not be a breach birth and that the child would not have lost its life?
Detailed background is really useful. Thank you
Thank you Jodie.
I suggest that you see a solicitor that deals with clinical negligence matters and who would be able to deal with this for you on a no win no fee basis. It is certainly worth pursuing that. I must emphasise that they do need to be a specialist in clinical negligence matters and not just personal injury.
For there to be a claim, there has to be a duty of care, the duty must be breached, as a result of the breach, there must be injury or loss and the injury or loss must be reasonably foreseeable consequence of the breach. The injury or loss must be a direct result of the breach, something legally caused “causation”.
From what you have said, you have a good claim albeit a difficult one.
Whether your claim succeeds or not will depend on independent evidence from a Gyny consultant and the independent evidence saying that all the symptoms you experienced were wrongly or badly dealt with and that if it had been dealt with properly, then your daughter’s birth would have taken place normally without death or injury.
Without that evidence, your claim will fail. True, it appears that is the case but it does need that expert evidence that the hospital breached their duty of care and that the result of the breach was reasonably foreseeable.
Notwithstanding the result of the hospital’s investigation, I think it worth pursuing through a solicitor. Although I must emphasise, the medical evidence from a specialist (which the solicitor will arrange for you) is fundamental to a successful claim.
Can I clarify anything for you?
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