If your child has been left with a severe brain injury due to the circumstances of their birth, the impact on your family can be devastating. That's why the NHS has established an Early Notification Scheme: to provide a way forward for families in this difficult situation.

The NHS Early Notification Scheme was created to give families affected by birth injury a quicker route to receiving the financial compensation and support their child deserves. However, navigating the processes involved with the Early Notification Scheme might seem daunting without expert guidance.

That's where Switalskis comes in. As specialists in medical negligence claims, we offer compassionate, personalised support to guide you through the Early Notification Scheme. Our dedicated team will help you understand the process, make sure your rights are protected, and offer legal expertise tailored to your situation.

Whether you've just been contacted via Early Notification or are already midway through the process, we're here to make things clearer, simpler and more manageable for you and your family.

The NHS Resolution Early Notification Scheme is a programme designed to investigate and address serious brain injuries that happen at birth. It's a vital component in providing immediate assistance to families affected by failures in maternity care and can be a quicker route to compensation than making a traditional birth injury claim.

The scheme aims is to make sure that the NHS can investigate serious birth injuries as quickly as possible. In this way, the service can provide much-needed answers, written apologies, financial support and practical advice to the families involved. Here's how the scheme works:

• All NHS trusts, hospitals and medical centres must report to their legal departments all birth incidents that could lead to a child's brain injury.
• The legal department then must report the incident to NHS Resolution, the organisation responsible for resolving concerns and disputes about NHS care quality, within 30 days of the birth.
• An investigation will begin within 30 days of the birth. This internal process is designed to be much faster than external investigations, enabling a quicker resolution.
• If the investigation concludes that the brain injury was caused by negligent maternity care, the NHS will provide a formal apology and financial support to the affected family as well as any assistance they might need to access support for their injured child.

In some cases, the conditions investigated by the Early Notification Scheme may lead to other long-term health issues, such as cerebral palsy, one of the most common birth injuries. All of these potential outcomes will be evaluated as part of a thorough approach.

The NHS Resolution Early Notification Scheme represents a commitment to transparency, accountability and support for families facing the traumatic experience of a serious brain injury at birth. For many, it will provide an essential means of understanding what happened and how to move forward.

To be eligible for the Early Notification Scheme, your child must fit into one of the following three categories:

• Babies with a diagnosis of Grade 3 hypoxic ischaemic encephalopathy (HIE), a condition that results from the brain not getting enough oxygen and blood flow for a period of time, long enough to cause brain damage.
• Babies who are therapeutically cooled through active cooling, a procedure designed to prevent/reduce the damaging effects of HIE by lowering the baby’s temperature to 33°C
• Babies who are born with hypotonia, who are comatose or who have seizures at birth. Hypotonia is a condition marked by decreased muscle tone, meaning they can appear 'floppy' when they’re born

Many of these symptoms are associated with a diagnosis of cerebral palsy.

Even if you choose to take advantage of the Early Notification Scheme, it will still be helpful to seek independent legal advice for another independent perspective on the investigation process. Doing so will provide the following advantages:

• An independent perspective: the Early Notification Scheme is an initiative by the NHS designed to provide swift resolutions. Having an independent expert on the case can be helpful in making sure your interests and rights are prioritised, and that all decisions are made from a fair and balanced point of view.
• Simplifying the process: working with a legal professional who's familiar with the ins and outs of the scheme can help to make sure that you understand every step, know what to expect, and can make informed decisions throughout the process.
• Maximising compensation and support: a specialist solicitor can check whether the compensation proposed is appropriate for your child's needs, both now and in the future, and make sure that nothing is overlooked.
• Emotional support: birth injuries can be emotionally taxing. Having a legal team by your side means you're not only getting professional advice, but also emotional support. At Switalskis, our aim is to be at your side throughout the process and provide support, advice and reassurance.
• Exploring alternate routes: if your case doesn't fit the criteria of the Early Notification Scheme, or if you're not satisfied with the outcome, a legal expert can guide you on other potential avenues for compensation, answers and explanations.