Twin birth injury claims

To make a twin birth injury compensation claim, we need to establish a few key things.

First, that a duty of care existed; healthcare professionals are expected to provide a reasonable standard of care to their patients, so this is usually straightforward.

Second, the duty of care was breached. In the context of a twin birth, this could include failing to categorise the type of twin pregnancy correctly, inadequate prenatal monitoring, missed diagnoses of conditions such as pre-eclampsia or twin-to-twin transfusion syndrome, inadequate monitoring during birth, delayed delivery, delivery errors, consent issues, inadequate neonatal care, or poor communication.

Third, that the breach directly caused harm. There must be a clear link between the failure in care and the injury suffered.

Fourth, that harm resulted, whether physical injury, emotional distress, additional medical costs, or other losses.

You don’t need to work this out on your own. Speak to us and we’ll assess your situation honestly and clearly.

Twin births are generally considered more risky than single births due to several factors:

• Premature birth: Twins are more likely to be born prematurely, which can lead to complications such as respiratory distress syndrome, under-developed organs, and long-term health issues.
• Low birth weight: Twins often have lower birth weights compared to single babies, increasing the risk of health problems like infections, difficulty maintaining body temperature, and feeding issues.
• Pre-eclampsia: This condition, characterised by high blood pressure and damage to other organs, is more common in twin pregnancies. It can pose serious risks to both the mother and the babies.
• Gestational diabetes: The risk of developing gestational diabetes is higher in twin pregnancies, which can lead to larger babies and complications during delivery.
• Twin-to-Twin Transfusion Syndrome (TTTS): This condition affects identical twins sharing a placenta and can cause serious complications if not managed properly.
• Placental issues: Problems such as placental abruption (where the placenta detaches from the uterus) and placenta previa (where the placenta covers the cervix) are more common in twin pregnancies.
• Delivery complications: The likelihood of needing a caesarean section (c-section) is higher with twins, and there can be complications during delivery, such as one twin being in a breech position.
• Postpartum haemorrhage: The risk of excessive bleeding after delivery is higher in twin births due to the larger size of the uterus and the increased blood supply required.

Contact us for a free initial consultation. One of our specialist medical negligence solicitors will listen to what happened and tell you whether you have a claim.

We understand that if you believe something went wrong during the birth of your child, you may be distressed, in pain, or you simply don’t know where to start. Our team will talk you through your concerns with care and explain the steps involved in plain, straightforward terms.

If you have a case, we’ll be with you throughout the process. Visiting you in person if needed, gathering evidence on your behalf, and working to find out what happened and why.

The amount of compensation depends on several factors, including the severity of the injuries and the long-term impact on the child and family.

Compensation covers two main areas. General damages account for pain, suffering, and loss of amenity – the ways in which the injuries have affected quality of life. Special damages cover financial losses and costs, including medical expenses, ongoing care, travel costs, therapy, and loss of earnings. Anticipated future costs can also be claimed.

For serious injuries such as brain damage or cerebral palsy, compensation can be substantial, reflecting a lifetime of care and support needs. Speaking with one of our specialists will allow us to give you a clearer picture based on your specific situation.

When you instruct us, our first step is to gather the evidence needed to support your case. This typically includes:

• Medical records covering prenatal care, labour, delivery, and neonatal care
• Witness statements from you, your family, and anyone present during the birth
• Independent expert evidence from medico-legal specialists, who provide opinions on whether the standard of care was breached and how that breach caused harm
• Any complaints correspondence with the healthcare provider
• Photographs or other visual evidence where relevant
• Financial records covering losses incurred, such as medical bills, travel costs, and lost income

We handle all of this for you, so you don’t have to chase records or navigate the process alone.

A child has until their 21st birthday to start a claim, if they have capacity. While the child is under 18, or if they lack capacity, a parent, family member, or the Official Solicitor can act as their litigation friend.

However, the rules around limitation periods are complex, and it’s important to take specialist advice as early as possible to make sure nothing is missed. We’ll explain the specific deadlines that apply to your situation and make sure your claim is investigated in good time.

Yes. Twin birth injury claims can be made on a No Win No Fee basis, also known as a Conditional Fee Agreement (CFA). This means you don’t have to pay legal fees upfront and there’s no financial risk to you. If your claim is successful, a success fee will be deducted from your compensation. This is agreed in advance and explained to you clearly at the outset.

Legal aid may be available to help cover the costs of a birth injury claim where a baby has suffered a brain injury during pregnancy, at birth, or in the first eight weeks of life. When we speak with you, we’ll determine whether your claim is likely to be eligible for legal aid. If it isn’t, we’ll explain the other funding options available to you, including No Win No Fee agreements and insurance policy funding.

The time it takes to resolve a twin birth injury claim can vary significantly depending on a number of factors, including the complexity of the case, the time needed to gather medical records and expert evidence, whether the healthcare provider admits or contests liability, and whether the case is resolved through negotiation or goes to court.

Most claims are settled out of court, which can reduce the time involved. However, complex cases – particularly those involving serious injuries – can take several years to reach a conclusion. If the case goes to court, this can extend things further, though there are opportunities to settle without going to court throughout the process.

Once a settlement is agreed, compensation is usually received within a few weeks. We’ll keep you informed at every stage and give you the clearest possible picture of timelines based on your situation.