For solicitors handling high-value maternity claims, finding an available expert is only part of the challenge. The more important question is whether that expert has the appropriate clinical experience to address the specific issues in dispute.

In this case, involving an undiagnosed breech presentation, an unplanned home delivery and severe hypoxic brain injury, the solicitor needed suitable specialist expertise without unnecessary delay.

Within one hour of receiving the enquiry, INNEG had identified and nominated a suitable expert.

The Case

The claim concerned an alleged failure to recognise and appropriately manage a breech presentation during the antenatal period, followed by a rapid and unplanned home delivery.

The mother was considered higher risk during pregnancy due to hypertension and low platelet levels. She also had a history of rapid labour with her first child.

Despite antenatal appointments in the later stages of pregnancy, it was alleged that opportunities to assess and document the baby's presentation had been missed.

When labour commenced, the mother contacted the hospital for advice. However, events progressed rapidly, and the baby began to deliver before the family could reach hospital.

It was only during delivery, when the baby's feet became visible, that the family realised the baby was in a breech position.

The baby was born before paramedics arrived and was not breathing at birth. Resuscitation was commenced, with an airway established approximately 34 minutes after delivery.

Following hospital transfer and therapeutic cooling, MRI imaging identified significant brain damage. The child subsequently experienced severe neurological impairment, with cerebral palsy affecting all four limbs anticipated.

The allegations raised complex questions about antenatal assessment, recognition of fetal presentation, management of a higher-risk pregnancy and whether different clinical management could have altered the circumstances surrounding delivery.

The Challenge: Identifying Expertise That Matched the Allegations

For the solicitor, the immediate challenge was identifying an appropriately experienced expert who could assess the alleged antenatal and obstetric failings.

This was not simply a question of finding an available Obstetrics and Gynaecology expert.

The instruction involved several interconnected issues, including:

• Whether the breech presentation should have been identified during antenatal care.
• Whether the mother's risk factors and previous rapid labour had been appropriately considered.
• Whether antenatal examinations and management were consistent with reasonable clinical practice.
• Whether different management could have avoided the circumstances surrounding the unplanned delivery.

The expert therefore needed relevant clinical experience to address the particular allegations, rather than simply holding the appropriate specialty title.

For solicitors, sourcing this level of expertise can involve approaching multiple specialists, establishing their suitability and confirming whether they are able to consider an instruction.

Where time is important, this can become an additional administrative burden alongside managing an already complex claim.

INNEG's Approach: Understanding the Case Before Identifying the Expert

Rather than beginning with a broad search for a maternity expert, INNEG's approach focused on the clinical issues underpinning the instruction.

The allegations needed to be understood in terms of the questions an expert would ultimately be expected to answer.

In particular, the search centred on the alleged missed opportunities to identify the breech presentation, the appropriateness of antenatal management and the clinical circumstances surrounding the delivery.

This allowed the search to focus on expertise relevant to the actual issues in dispute, rather than specialty title alone.

Drawing on INNEG's specialist expert panel and Analyst-led approach, a suitable expert was identified and nominated to the solicitor.

The entire process, from receipt of the enquiry to expert nomination, took just one hour.

The solicitor was therefore provided with an appropriate expert option promptly, without needing to undertake an extended search across multiple potential specialists.

Why This Mattered

Speed is valuable, but only when it is accompanied by appropriate expert selection.

In complex birth injury litigation, an expert who is available but whose experience does not adequately match the allegations may not be able to address the questions required.

That can lead to further searches, additional instructions and delays later in the case.

By understanding the clinical issues before identifying potential experts, INNEG was able to focus the search on the expertise relevant to the solicitor's requirements.

The one-hour nomination demonstrated how an Analyst-led approach can combine specialist case understanding with a responsive expert search, helping solicitors access appropriate expertise without spending valuable time making multiple enquiries.

Importantly, this service can complement a solicitor's existing expert relationships.

Whether an established expert is unavailable, a case requires a particular subspecialism or an urgent instruction needs additional support, INNEG provides another resource that solicitors can draw upon when required.

The Outcome

One complex instruction. One suitable expert nomination. One hour.

• Expert nominated within one hour of INNEG receiving the enquiry.
• Case-specific expert search focused on the alleged antenatal and obstetric failings.
• Relevant specialist expertise identified based on the questions requiring expert opinion.
• Prompt nomination provided, allowing the solicitor to consider an appropriate expert without an extended sourcing process.

While the subsequent instruction and litigation outcome are not reported here, the case demonstrates the value of combining a clear understanding of the allegations with access to suitable specialist expertise.

Key Takeaway: The Right Expertise, Without the Unnecessary Search

In complex clinical negligence claims, finding an expert quickly is useful. Finding an expert whose experience is relevant to the issues in dispute is essential.

The value lies in understanding what the case requires before deciding who is best placed to provide the opinion.

INNEG's dedicated Analysts take the time to understand the issues behind an enquiry before identifying suitable specialists from our panel of over 13,000 experts.

For solicitors, that means access to an additional expert witness resource when a case is particularly complex, time-sensitive or falls outside their established expert network.

Need Specialist Expertise for a Complex or Urgent Instruction?

Whether your preferred expert is unavailable or your case requires a particular subspecialism, our dedicated Analysts can help identify suitable expertise without unnecessary delay.

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