Claim compensation for injuries as a result of Group B Strep (GBS)

The process of making a claim essentially starts by obtaining all relevant medical records for the mother and child. We will ask an independent medical expert to review the medical records.

Our medical experts will tell us whether the treatment received fell below a reasonable standard and caused an injury. If it did fall below this standard we will write to the hospital, GP or other medical professional and tell them why we believe that the treatment was substandard. They will then have the opportunity to admit or deny the allegations we have made. If they deny the allegations your claim may have to be issued in court. We call this ‘issuing a claim’.

The court will then manage the claim by telling us how many witnesses we are allowed, how many experts we are allowed to use, and what evidence we should present. They will also set a timetable for us to work to. Usually there will be some time set aside for the parties to have a meeting to try to reach agreement upon the issues and the level of compensation which should be paid. More often than not financial settlement will be reached before any trial takes place.

The trial is the final stage of the court process, where all of the parties come together in the courtroom and all of the evidence is presented to a Judge so that they may decide upon the outcome of the case.

There is always a degree of uncertainty when bringing a claim for medical negligence. A reputable solicitor who is an expert in this field will be able to advise you whether your case if more likely to win than lose. Whatever their view, this will be based on the information provided to by medical experts. We usually assess the prospects of success in a case on a percentage basis.

If your child has suffered a brain injury as a result of negligent care of Group B Strep infection they will usually be entitled to obtain Legal Aid funding.

Not all firms of solicitors can offer Legal Aid funding as only very specialist firms who have a proven track record can do so. If your child is entitled to it you are unlikely to have to pay anything towards the costs of investigating your child’s claim.

RWK Goodman is specialist and can offer Legal Aid funding. In the unusual event that Legal Aid isn’t available, we can offer ‘no win, no fee’ legal funding.

Bringing a legal claim for medical negligence can be a lengthy process. The time it takes to obtain compensation depends upon the nature of the injury and whether the Defendant in the claim contests the case or not.

In the case of brain injury to children, compensation is often very high, this is because it has to last for the rest of your child’s life and it has to meet all of their needs.

Compensation can allow for privately funded input from therapists, additional care needed or adapted accommodation. We’ll make sure all this is considered by reviewing all the future requirements to ensure the best quality of life for your child. It will also give you peace of mind that your child’s future is secure.