You can plan for many things in life, but no one can prepare for their child suffering a serious injury or illness. When the unexpected happens, it can be hard to know where to turn, which is why we’re here, to protect what matters most.
Everyone needs a lawyer at some time in their lives. When Zach was diagnosed with cerebral palsy his mum Claire contacted our medical negligence expert, Rachelle Mahapatra.
We spoke to Rachelle to find out more about Zach, the work she does to support our clients, and the highs and lows that come from helping such a brilliant and brave young boy.
A virtual chat with Rachelle
Rachelle started her career with us in 2002 and has been specialising on cases involving children who’ve suffered brain injuries for nearly 20 years.
In 2019, Rachelle became the Regional Managing Partner of our Leeds office. In her spare time, she loves music and the arts and enjoys long walks in the Yorkshire Dales.
Hi there, could you start by telling us a little bit about Zach?
Zach really is amazing. He’s so positive, determined and funny – he puts a smile on my face whenever I see or hear him.
I feel lucky to have been able to spend time with Zach and watch him grow over the last few years. He doesn’t let his disability hold him back and works hard at school with the help of specialist technology.
Why did Zach’s mum first contact you?
Zach was born at full term following a problem-free pregnancy, but it was clear straight away that something was wrong. He wasn’t breathing and needed resuscitation after the birth.
There were also problems intubating Zach, and it took around 10 minutes to ventilate him so he was able to breathe properly. He was then transferred to the neonatal intensive care unit and ventilated for two days.
After suffering from a brain injury at birth, Zach was eventually diagnosed with cerebral palsy when he was three years old. It was at that point that Claire, Zach’s mum, contacted us to see if we could help her find out exactly what happened to her son and help her get the specialist care and equipment he needs.
What support did you offer in the early stages and what steps did you start to take?
You imagine the day you bring a child into the world for the first time would be perfect, but sadly it was clear to Claire that Zach had suffered lasting damage.
No one prepares for their son having a life-changing injury at birth and Claire wanted to know why. She wanted to know how it happened and if anything could have been done differently to prevent it. Perhaps more importantly, she wanted to know what more we could do to help Zach, to make sure his diagnosis didn’t stop him living his life.
We went through everything together and I promised to do all I could to get Zach and his family the answers, advice and support they need.
One of the first things you did was secure interim payments – why did you do this and why is it so important?
Every child with cerebral palsy is affected differently and has different needs but we see through the work we do the impact that early and regular rehabilitation can make. We wanted Zach to benefit from seeing a speech and language therapist, an occupational therapist, and a physiotherapist to help with his mobility and we wanted this to happen straight away.
The family also needed to move into a more suitable home for Zach and so we were able to secure funding so this could become a reality. We didn’t want to wait until the case was concluded to get Zach the support he needs, so the interim payments were vital to make sure he had all the help he needed.
Although you represent Zach and his family in a professional sense, do you build a personal relationship with them over time, and if so how does that feel?
It’s impossible to spend time with Zach and his mum and not form a bond with them. Zach’s personality and positivity is infectious and it’s great to be around people that focus on what’s possible, not what isn’t.
As Zach’s solicitor, my focus will always be on his best interests and it’s my job to work with my team to support him in whatever way we can. I speak to Zach and Claire regularly and he often sends me email updates.
Speaking of the pandemic, how has it affected the work you do for Zach and also the other clients you represent?
It’s certainly been a challenge, particularly when a lot of our clients have medical conditions that make them vulnerable. Our immediate focus was on making sure that Zach had the help he required when it came to home schooling and virtual rehabilitation.
Technology allows us to stay in touch and focus on his needs and the challenges caused by COVID-19 and how we can overcome them together.
Your job is to secure funding and support that will make a huge difference to Zach and his family – how do you handle that pressure?
I often talk about the mixed emotions I go through doing what I do. I get to meet some of the most wonderful people and have an opportunity to help change their life for the better, so they can focus on brighter days ahead. However, even when that happens and we achieve the right result for our clients I can’t help but wish they weren’t in this position in the first place.
This is why we want lessons to be learnt so what happened to Zach doesn’t happen to anyone else.
Knowing exactly what Clare and Zach have been through only makes me more determined to resolve their legal dispute so they have the support they need now and in the future.
Finally, can you sum up how you feel, knowing you’ve been able to support Zach on his journey?
Honoured. Last year Zach started walking independently without his frame. In June, he took on the 2.6 Challenge, a nationwide fundraising event held this year in place of the London Marathon. He successfully completed 130 laps of his garden, raising more than £20,000 for the Epilepsy Society.
I’m incredibly proud of his achievements and feel lucky to have met such a charismatic, caring and cheeky young boy.
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If you’ve experienced medical negligence, we can help you. We’re the leading clinical and medical negligence law firm in the UK – so we know how to make a positive difference to your life.
Our solicitors have decades of experience handling medical negligence cases, and will take the time to understand what you’re going through, and how we can help you get the answers and compensation you deserve.
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