Rachelle Mahapatra

Popple v Birmingham Women’s NHS Foundation Trust [2012] is an important medical negligence case about "material contribution". This means that a healthcare professional's mistake doesn’t have to be the only cause of an injury. It’s enough if the mistake made a meaningful contribution to the harm suffered.

The court found that a delay in delivering a baby had significantly contributed to the baby's brain injury caused by a lack of oxygen, even though doctors couldn’t say exactly when the injury occurred.

Expert evidence showed that the injury most likely happened during a very short period just before birth. The court accepted that if the baby had been delivered earlier, the injury would probably have been avoided.

The Court of Appeal agreed with the original judge's decision that there had been both negligent care and a link between that negligence and the baby's injury.

The case confirms that defendants can’t avoid responsibility simply by arguing that there may have been another possible cause of the injury. Where negligent treatment has made a significant contribution to an injury that can’t be divided into separate causes, the claimant can still succeed in proving that medical negligence caused the harm.

Listening to clients’ needs and how they would have lived their lives is really important. When we calculate the value of the claim and negotiate a settlement, it’s vital we ensure that the client can achieve as much independence as possible, helping them to accomplish things that they would like to.

Through my career, the innovation with equipment and technology has meant that people can maximise their life potential. This isn’t just about the high quality of care but also the quality of their lives.

I’m still in contact with many of my former clients and it’s so helpful to see what works well and how we can achieve the best settlements for them.

While my clients’ cases are ongoing, I help them to secure the tailored support they need. Our Support and Rehabilitation Coordinators are trained clinical specialists who can help clients secure the right treatment. The Welfare Benefits team are also on hand for clients to advise them on any means-tested benefits they may be eligible for.

I also work to secure interim payments for my clients, which are early payments of compensation to fund treatment and support ahead of the claim being settled.

Our first meeting will be an open and honest conversation about the process.

We can meet either in one of our offices, remotely via phone or video call, or at your home or in hospital. I make sure you’re as comfortable as possible, as I appreciate the initial meeting can be daunting and often emotional as you talk about the cause of your illness.

I’m here to answer any questions you may have, and I’ll also take details of your circumstances and assess whether you have a claim.

If we have a claim against the NHS, I would like to investigate liability as fast as possible so that we can start to secure you the support that’s usually desperately needed by our clients and their families.

I’ll talk you through the funding options for your claim, as well as how the claim may proceed. Above all, the first meeting is an opportunity for you to get the answers you need and to decide if you wish to pursue a claim.