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Pregnancy and Birth Injury Cases
We pride ourselves on asking the appropriate questions at the right stage of any referral received in relation to these case types.
After-The-Event Insurance for Pregnancy and Birth Injury Cases
Temple Legal Protection has a wealth of experience insuring pregnancy and birth Injury cases. Invariably these are high value cases that require significant cover in respect of the substantial number of medical reports that are required to establish both breach and causation.
We have a particular expertise assisting clinical negligence lawyers with high value pregnancy and injury at birth cases leading to Cerebral Palsy and other brain injuries.
With these cases it is not always clear at inception whether breach will be established and it is expected that the solicitor will have obtained full copies of the hospital records to try and assess prospects before a referral is requested.
The basic premise of this type of case relates to problems in ante-natal care:
There can be are many reasons why a baby growing in the womb may be starved of oxygen or suffer in some other way. The purpose of ante-natal care is to help prevent and eliminate as many of these as possible.
Therefore, if the mother has a condition such as pre-eclampsia, obstetric cholestasis, diabetes or some other risk factor, then steps can be taken to reduce the possibility of harm to the baby. If these steps are not taken and the baby suffers as a result, there may be grounds for a birth injury claim.
Problems During Delivery:
It is well-known that babies are at particular risk during delivery – whether natural, forceps, ventouse or Caesarean Section. If the birth is mishandled, the baby can suffer broken bones, nerve damage and even brain damage from oxygen starvation. Oxygen starvation can lead to a child developing lifelong disabilities, such as Cerebral Palsy.
Injuries to the baby that can lead to a birth injury claim:
- Cerebral Palsy and other brain injuries, Erb’s Palsy, Forceps delivery or ventouse delivery
- Fractures to the skull, legs, arms, shoulder and collarbone
- Klumpke’s Palsy
- Spinal injuries
Hypoxic Brain Injury (Hypoxic Ischemic Encephalopathy)
One of the main causes of cerebral palsy is a hypoxic brain injury during childbirth. This is where the baby’s brain gets starved of oxygen. Sometimes this cannot be prevented or it is impossible to work out what has caused the baby to be injured. However, negligent mistakes by doctors and midwives can lead to a child sustaining a hypoxic brain injury.
These errors can result in claims that include:
- The allowance of labour to go on for too long
- Failure to properly monitor the baby’s heartbeat
- Not doing enough cardiotocography (CTG) traces
- The incorrect interpretation of CTG traces
- Failing to respond to the umbilical cord being wrapped around the baby’s neck
- The possible delay of a caesarean section
- Missing signs of foetal distress such as meconium
Temple ATE Insurance – Peace of Mind for You and Your Client
If breach and causation are established, the instruction of experts to establish quantum then follows. The cover we offer means you can be sure of our support, even though settlement may not be approved for many years.
The ATE insurance cover Temple offer can also include integrated disbursement funding to claimants for court fees, expert reports and mediator fees. This helps ‘unlock’ the claim and puts a claimant in the position of being able to pursue their claim.
Bespoke Underwriting
For complex cases, our experienced team provides quick, commercial decisions to get your funding in place.
Chartered Excellence
As a Corporate Chartered Underwriting Agent, we operate to the highest professional and ethical standards in the UK.
A-Rated Security
Backed by Intact Insurance UK Limited, providing global financial strength for your peace of mind.
Temple have consistently delivered a high standard of service. Their team is responsive, professional, and approachable, ensuring queries are dealt with promptly and efficiently. The customer service is excellent, with a personalised approach that reflects a genuine understanding of our needs. Their online portal is intuitive and easy to use, making the funding process smooth and straightforward. The disbursement funding facility is particularly helpful—it’s a practical and well-managed solution that supports case progression without unnecessary delays. Overall, Temple offers a reliable, user-friendly, and client-focused service that we would confidently recommend.
Spencer KnaggsBurnetts
Because of the complex nature of these cases, there is a need for a range of very experienced experts. Disbursement funding means I can instruct them directly, not going via an agency, and I can pay them promptly without any uplift.
Lorraine TaylorBridge McFarland
Temple Insurance is an intrinsic part of our litigation model, and in our view, provides maximum protection for our clients at a very reasonable premium. We have been insuring with temple insurance for about 15 years, and before that we tried several other insurance companies. Temple have been supportive all the way through. They are not overly risk averse, and when a claim fails, they assess our claim fairly and rapidly. I cannot remember a single time when our claim for reimbursement of disbursements has been refused unfairly. Before we used Temple, time and again we faced unreasonable challenges to our insurance claim. I would recommend any litigation department to rely exclusively on the temple insurance product.
Kevin LiddyLiddy’s Solicitors
My firm and I have worked with Temple for 20 years now. At the time we began our journey with Temple, we were a new firm and Temple were also fairly new to the market at the time. Over the 20 years we have built an excellent relationship of trust and support and it is thanks to Temple and their collaborative, trusting, and open approach to the work that we do and their willingness to take calculated risks with us that we have managed to achieve the very best for our clients in some very tricky and challenging cases. Temple have always been ahead of the curve. True leaders in their field and in our view, simply the best.
MBE Mehmooda DukeMoosa–Duke Solicitors
Over the last decade, I have been fortunate to enjoy an excellent working relationship with Temple Legal Protection.
As a small niche practice, it is essential to have collaborative partners who understand the needs of my business and who are responsive to those needs.
From after the event funding through to disbursement funding, the services provided by Temple are exceptional. They have provided to my clients, an essential funding lifeline, at modest cost that other funders simply would not offer.
The Temple Team are responsive, efficient and willing to listen.
I cannot commend Temple and their team highly enough.
Diane RostronSpecialist medical negligence solicitor at Addies Solicitors
Resources & Downloads
Access the technical documents and application forms you need to secure ATE insurance and disbursement funding for your clients
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Common FAQs
Some of the key questions about Pregnancy and Birth Injury Cases.