How Muslim lawyers can better support Muslim clients in birth injury and brain damage cases

Muslim lawyers, with their understanding of Islamic principles and cultural sensitivities, are uniquely positioned to provide meaningful support to clients that share their religion in these complex cases. Nadia Saber, a Muslim Associate Solicitor in our department states: “ Muslim clients with birth injury cases often encounter challenges that go beyond the medical and legal aspects of their situations. These challenges are deeply rooted in religious values.”

In Islam, the sanctity of life and the belief that children are a blessing can shape how families approach cases of birth injuries. Lawyers familiar with these beliefs can offer culturally sensitive representation. Birth injuries can also affect entire families, and Muslim clients may rely heavily on their communities for emotional and spiritual support. Lawyers who understand these dynamics can provide empathetic and comprehensive assistance.

Families may also need to make difficult decisions about their child’s ongoing medical care, including whether to pursue life-sustaining treatments. Our Muslim lawyers can guide families through these decisions, ensuring that their choices are informed by both medical advice and religious principles. We can ensure that there are sufficient funds to cover payments for carers, payments for alternative accommodation, payments for physiotherapy, occupational therapy, speech and language therapy, gastroenterology, orthotics and many more for the rest of their life.

We cannot reverse an injury but what we can do is help you navigate life with a child that has special needs.

When handling cases of birth injuries, including brain damage, our Muslim lawyers at Slater and Gordon can offer specialised support, tailored to your needs. For example, miscommunication or lack of informed consent during labour and delivery can lead to medical errors with devastating consequences which can be compounded by potential language barriers. At Slater and Gordon, our team can advocate for families who were not given adequate information or faced language barriers during these critical moments.

Moreover, in cases where a child is left with permanent brain damage or disabilities, lawyers can provide guidance that aligns with Islamic views on disability and caregiving. This may involve ensuring that compensation supports the family’s ability to provide long-term care while respecting their religious values.

In cases where a child tragically passes away due to a birth injury, families may object to invasive post-mortem examinations on religious grounds. Our team can advocate for alternative methods that respect these concerns.

By acknowledging these cultural and religious factors, Muslim lawyers can create a supportive and trusting relationship with their clients.

For families affected by birth injuries and brain damage, legal representation is about more than seeking compensation, it’s about finding justice and healing. Practicing Muslim lawyers have a unique ability to combine legal expertise with cultural and religious understanding, offering clients the support they need during some of the most challenging times in their lives.

By addressing the specific needs of Muslim clients, like respecting modesty, ensuring informed consent, and navigating ethical dilemmas, we can provide you with representation that is both empathetic and effective. Moreover, by advocating for systemic improvements in maternity and neonatal care, together we can help prevent future cases of clinical negligence.

At Slater and Gordon, we understand the stress and worry that raising a child with a birth injury, like cerebral palsy, can bring. If you think that your child has suffered an injury due to negligence, we can take the investigation out of your hands and represent you in your potential claim. We will obtain your child’s medical records for you and we will with experts investigate whether a hospital trust has failed in the standard of care towards your child.

We will not just investigate the circumstances surrounding your child during immediate birth (neonatal period) we will also investigate the circumstances surrounding your own pregnancy and whether this was substandard. This means that mothers could potentially also have a claim for their own pain and suffering.

In the end, the role of a Muslim lawyer in clinical negligence cases is not only to secure justice but also to provide hope and reassurance as you navigate an uncertain future.