Obstetric Chloestasis Claims
We appreciate at Moore Blatch Resolve that medical negligence in relation to obstetric chloestasis resulting in stillbirth and premature birth can change your life and we can assist you by providing you with legal assistance to help you obtain compensation for your loss and traumatic experience and the direct consequences on your child.
Compensation can provide a lifeline for you to ensure your child receives the appropriate level of care and support if your child has been born prematurely.
What is obstetric chloestasis?
Obstetric chloestasis is a rare complication which can occur during pregnancy which causes a build up of bile acids in the bloodstream. It is a condition which affects the liver of a minority of pregnant women resulting in:
• Itchiness of face, hands and feet;
• Occasional mild jaundice;
• Fatigue;
• Premature birth;
• Risk of stillbirth if left untreated.
We appreciate at Moore Blatch Resolve the difficulties faced by people who have suffered as a result of this condition.
Medical care and rehabilitation
If you have suffered from obstetric chloestasis and have suffered a stillbirth as a result we consider it vital that you maximise your recovery through active rehabilitation. Our aim is also to assist you to help continue with your life and we can do this by obtaining interim payments of compensation to assist you with your:
• Rehabilitation
• Therapeutic services
• Case management.
Children who have been born unexpectedly early can suffer from physical and mental impairments.
Where this unfortunate event has occurred our aim is to assist you to help ensure your child’s healthcare and welfare is attended to and we can do this by obtaining interim payments of compensation to assist you with you and your child’s:
• Rehabilitation
• Re-education/training
• Transport
• Housing
• Aids and equipment
• Care support
• Therapeutic services
• Case management.
Long-term support and care
Many people who suffer as a result of obstetric chloestasis being untreated require some support in coping with their loss and traumatic experience.
Children who suffer as a result of the condition being diagnosed late, resulting in unexpected premature birth, may require support to assist as much as possible to ensure they receive the medical support and care that they require.
Our aim at Moore Blatch Resolve is to assist you as much as possible to enable you to continue your daily life as smoothly as possible if you have experienced a stillbirth and to ensure your child receives the medical support and care they require if they have been born prematurely resulting in physical and/or mental difficulties. We have a wide range of contacts with organisations that can assist you and can work closely with you. These include:
• Case managers who will assess and organise any support and care you may need;
• Support workers who will visit you on a regular basis to provide you support and help;
• Community rehabilitation such as occupational therapy.
When should I contact a solicitor?
You or your family should contact a solicitor as soon as possible. The sooner we can commence work on your claim the sooner we can begin to assist you.
We can advise you on your benefit rights and also advise on dealing with debts which might arise due to being off work for bereavement or for the care of your child.
Can I claim compensation for obstetric chloestasis?
The Moore Blatch Resolve Clinical Negligence team may be able to help you with a claim for compensation where:
• you have suffered as a result of the condition being left untreated resulting in stillbirth; or
• where your healthcare professional did not diagnose the condition at the earliest time, resulting in premature birth causing birth defects such as physical underdevelopment. This is on the basis that if the condition had been diagnosed at the earliest stage then it could have been treated and medicine could have been administered to strengthen your child’s development in preparation for the premature birth.
It is very important to contact an experienced solicitor to receive legal advice. We can guide you through the initial process and provide you with the best advice as to whether or not you have a claim. You may not consider that you have a claim but we may well be able to assist you. We also receive numerous enquires from clients who wish to transfer their files to us if they are not satisfied with the progress that their current solicitors are making.
Funding
We will offer you a first free interview. At this initial consultation we will advise you whether or not your claim is worth pursuing. If you do decide to proceed with your claim we will advise you as to the best methods of funding the legal costs of your case. Legal Aid is available for clinical negligence claims and we will assess your eligibility at the outset. If you do not qualify for Legal Aid the options are as follows:
• Legal Expense Insurance: We will check whether you have a policy of insurance which covers your legal costs;
• A Conditional Fee Agreement commonly known as a no-win-no-fee agreement. Under this particular scheme you receive 100% of your damages and no deductions will be made from these. Our fees are recoverable from the defendant at the successful conclusion of your case. If you are not successful in recovering damages you will be protected by after the event insurance policy to protect your position financially. Therefore even if you are not successful you will not owe anyone anything.
• Where a child has been born prematurely and has survived but has been left with injuries then Legal Aid will generally be granted to investigate the potential claim.
How much compensation will I receive?
If your claim is successful you or your child will be awarded compensation. The aim of the compensation is to put you in the same financial position which you would have been if the medical negligence had not occurred however, we appreciate that money can never compensate for the loss or injury of a loved one.
Compensation is listed under various categories:
• Damages for pain suffering and loss of amenity. These are often called general damages and are awarded to compensate you for actual injury you sustained. The amount of compensation you will receive depends upon the nature and extent of your injuries, the effect it has on your daily life for example taking part in recreational activities such as sports and hobbies;
• Damages for financial losses to the date of settlement of your claim. These will include loss of earnings (loss of tax and national insurance);
• Private medical or therapeutic expenses;
• The costs of any aids and equipment which you have purchased;
• Travelling expenses incurred by you or your family;
• The value of the care which is provided to you by your family, partner or friends;
• The cost of any professional care which is being provided.
Damages for future loss and expenses
Children who suffer as a result of obstetric chloestasis being left undetected, resulting in premature birth and causing physical and/or mental impairments, may suffer long term losses and expenses. Calculation of the losses involved can be complicated however compensation will take into account some or all of the following:
• Future loss of earnings including the loss of any promotion prospects;
• Loss of pension rights;
• The cost of providing personal care support;
• The cost of a case manager;
• The cost of physiotherapy and any other specialist therapeutic services;
• The cost of special accommodation which may be required;
• The cost of any special aids or equipment including annual maintenance and replacement costs;
• Extra transport costs;
• The cost of managing your financial affairs.
It is our aim in cases to obtain for you interim payments on account of damages these will assist you in the day-to-day management of your life while your claim is being settled.
Damages for medical negligence resulting in death
If the medical negligence of a healthcare professional results in the death of the patient a claim can be made for damages for some or all of the following:
• Pain, injury and suffering of the deceased from the date of the incident to death;
• Funeral expenses;
• Bereavement damages in the case of a deceased child under the age of 18.
Financial affairs
For many people who have suffered as a result of obstetric chloestasis, managing their own affairs is difficult. We can refer you to those able to provide specialist investment advice to help you if you are having difficulty managing your finances. If the Court of Protection is involved our Court of Protection team will liaise closely with them to ensure that public funds are made available as quickly as possible to replace your lost income and to pay for special needs and care support.
Time limits
There are strict time limits for pursuing claims of compensation. If proceedings in respect of the claim are not started within three years from the date of the injury the court may decide that your claim is out of time. However whilst the period of time limit is strictly enforced by the courts there are certain circumstances in which it is possible to bring your claim outside the three-year time period.
The time limits for your child to pursue a claim of compensation will not run until they are 21 years of age. However, if for example your child is unable to manage their financial affairs when they reach the age of 21 because of brain damage then there is no time limit that applies. We are able to bring proceedings against the negligent healthcare professionals on behalf of your child before they reach the age of 21 to ensure they receive the appropriate care as soon as possible.
Please contact us at the earliest opportunity and we can discuss this with you.
Will I need to attend court?
The vast majority of cases are negotiated and settled before they go to court however some may ultimately go to a trial. However you can rest assured you are in safe hands. We are very experienced at Moore Blatch Resolve in dealing with medical negligence claims and we will guide you through the process.
Contact us on 0800 158 5258: If you believe that you or someone you know has suffered as a result of medical negligence please do not hesitate to contact us, we deal with clients throughout the country and we will visit you at your home, hospital or rehabilitation unit.