Spina Bifida Negligence Claims

Because screening tests don’t provide a definite answer, it’s important that you’re then referred for further investigations if your baby is considered at risk of a birth defect like spina bifida.

If those investigations were not properly carried out, the consequences could be severe and you may have a claim for medical negligence.

If your child is born with spina bifida after being given the all-clear, we may be able to help you make a wrongful birth claim.

After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

If you weren’t told about your child’s condition while pregnant, you have three years from the day they were born to make a compensation claim.

If the claim relates to errors in the child’s care after they were born, then the 3 year time limit will not begin until they reach 18 years old. If they do not have mental capacity to make decisions about making a claim then there's no time limit.

However, it’s important to get in contact with us as soon as possible so that we can advise you about the applicable time limits and we can start our investigation into your case.

Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

Please visit our No Win No Fee page for more information on how it works.

Because we’re a full-service law firm, we also have a number of other in-house teams with specialist knowledge in areas such as rehabilitation and Wills.

We see rehabilitation as key and will make sure that you can access the care and support services you need to lead the best life possible. Our support and rehabilitation coordinators can provide support and information to you and your family, helping you with many of the other problems you may face, such as employment and benefit issues.

Public Law & Human Rights:

Our Public Law & Human Rights department can offer advice on Part 3 of the Children and Families Act 2014. The Act made sweeping reforms to child welfare legislation, affecting young people with special education needs under the age of 25. It replaced statements of special educational needs and learning difficulty assessments with a combined Education, Health and Care Plan (EHC plan).

Please follow this link for more information on the Children and Families Act, along with factsheets and template letters.