Have you received a letter from NHS Resolution advising you that you have been referred to the Early Notification Scheme after the birth of your child?

If so, our specialist medical negligence solicitors can help you. We offer a free initial consultation and guidance for you and your family during this difficult time.

Contact our specialist medical negligence solicitors Hollie Morgan or Lucy Smith on 0151 475 1999 for free, confidential, specialist and independent advice.

What is the NHS Early Notification Scheme?

The Early Notification Scheme was set up by NHS Resolution in April 2017. The Scheme requires NHS Hospital Trusts to notify NHS Resolution when a baby is diagnosed with a brain injury either at birth or within the first seven days of life.

NHS Hospital Trusts must report incidents to NHS Resolution within 30 days where a baby:-

• Is diagnosed with hypoxic ischaemic encephalopathy (Grade III); or
• Has been therapeutically cooled; or
• Has decreased central tone, with comatose and experienced seizures.

What will happen once the matter is reported to NHS Resolution?

NHS Resolution will then make contact with the parents to find out more about what has happened and this is known as ‘Early Intervention’.

NHS Resolution will carry out a full legal investigation with the assistance of external panel solicitors and independent experts in order to determine whether the care provided to you and your baby was of the standard that you were entitled to expect in line with the relevant legal tests and, if not, whether the substandard care caused or contributed to your baby being diagnosed with a brain injury either at birth or within the first seven days of life.

If it is found that the NHS Trust has been negligent, a formal admission of liability will be issued and compensation offered.

If it is found that the NHS Trust has not been negligent, this will be discussed with the family and NHS Resolution will close their file.

Am I able to seek independent legal advice when I receive a letter from NHS Resolution advising me that our case has been referred to the Early Notification Scheme?

Yes!

If your case has been referred to the Early Notification Scheme this does not prevent you from seeking independent legal advice or intimating a claim on your child’s behalf. We would recommend that any parent going through the Early Notification Scheme process seeks immediate legal advice from a specialist clinical negligence solicitor to put you on an equal footing.

Irvings offer a free advice service for the families affected.

If it is found that the NHS Trust has not been negligent, this does not mean that your child has no claim. One of our specialist medical negligence solicitors will investigate the merits of any potential claim on a “No Win, No Fee” basis.

Why should I seek independent legal advice?

Brain injuries are incredibly complex and can have major life changing consequences for your whole family. Often the true nature and extent of the injury, how it will affect your child and what their needs will be may not be apparent until months or years after the negligence.

Here at Irvings, we have a dedicated team of specialist medical negligence solicitors who will be on hand every step of the case to offer both assistance and also our expertise and we will fight to secure the maximum amount of compensation.

If you have been contacted by NHS Resolution following the birth of your child, and would like to find out more about how we can help, contact Hollie Morgan or Lucy Smith, our specialist medical negligence solicitors, on 0151 475 1999 or email us at Clin.Neg@irvingslaw.com