Litigation is unfamiliar territory for most clients and it can feel like a daunting process not knowing when or whether you are going to get the answers you are looking for. As part of the investigation, you will have to recount distressing details of the birth and you might have to do this several times, for example to your lawyer and medical experts. Reliving the circumstances of the traumatic birth can have a negative impact on your mental health, especially if the birth has already given rise to Post Traumatic Stress Disorder (PTSD) or other psychological illness.
As the litigation processes, we find that the delays in obtaining a legal response from the hospital can be difficult to manage. The journey to secure compensation can be long and it is often difficult to predict when the matter will be resolved. In some cases, where the mother is under financial pressure, for example when they ae unable to work the need for a settlement with the defendant is even more pressing. Furthermore, even with supportive expert evidence we have obtained, the defendant may initially deny liability, which can be difficult for injured mothers to handle.
In some circumstances, the lack of accountability from the defendant can feel like mother are being held responsible for their own injuries. Whilst it is very unlikely a clinical negligence case will end in a trial, many mothers are intimidated by the prospect of going to court.
