Throughout pregnancy, childbirth and postnatal care, mothers and babies are dependent on medical professionals. They expect and deserve the best possible care to maintain their health and wellness. If the level of care falls below expected professional standards, it could harm the mother, baby or both. In such cases, a maternity negligence claim could be made.
Maternity negligence could happen during pregnancy, childbirth or in postnatal care.
In this guide, we look at when and how birth injury claims could be made. We also look at how long you may have to make a medical negligence claim and what you could be awarded compensation for.
For more information on maternity negligence claims, please contact our specialist team.
- You can call 0800 652 3087 to speak to one of our experts.
- Use the online live chat below to talk to us.
- Or fill out our form to start a claim online.
Jump To A Section
- What Is A Maternity Negligence Claim?
- How Could Maternity Negligence Happen?
- What Do I Need To Make A Maternity Negligence Claim?
- How Long Do I Have To Claim Medical Negligence Compensation?
- Will I Have To Go To Court For A Medical Negligence Claim?
- How Much Maternity Negligence Compensation Could I Receive?
- Claim For Pregnancy Negligence On A No Win No Fee Basis
- More Resources About Medical Negligence Claims
What Is A Maternity Negligence Claim?
Childbirth and the postnatal period can be extremely challenging for mother and baby. Negligence on the part of midwives and staff during maternity care could result in serious and even life-altering injuries which could otherwise have been avoided.
All medical professionals owe patients a duty of care. This means that staff, such as midwives, working on a maternity ward or providing care in the home, must meet minimum standards of care.
In order to make a maternity negligence compensation claim you must meet the eligibility criteria. These are that;
- You/your baby were owed a duty of care by a healthcare practitioner.
- There was a breach of the duty of care. They may have allowed labour to go on too long or failed to diagnose a breech birth.
- You/your baby suffered avoidable or unnecessary harm because of this breach. For example, if a breech birth was not diagnosed, the baby could suffer a broken bone birth injury, and you could suffer pelvic and hip injuries.
We should note that not all instances of birth injuries will be due to medical negligence. If the medical professional did meet professional standards but you were injured, you may not be able to make a birth injury claim.
Check your eligibility to make a maternity or hospital negligence claim by speaking to a member of our team.
How Could Maternity Negligence Happen?
In the immediate time following delivery of a baby, both mother and child may be vulnerable to a variety of different medical complications. Examples of how maternity negligence could happen may include;
- The failure to diagnose or treat jaundice. A healthcare provider may fail to diagnose jaundice in a newborn, fail to treat it correctly or fail to monitor a baby at a higher risk. They may not have monitored a premature baby or noticed a rise in the baby’s bilirubin levels.
- Incorrect stitching after an episiotomy. This could lead to complications such as long-term pain and recurrent infections.
- Post-partum haemorrhage (PPH). Whilst in the first 2-6 weeks after delivery it is normal for mothers to experience some bleeding, abnormally heavy bleeding can be dangerous. Medical staff should take steps to prevent or minimise such haemorrhages. If PPH is not treated it can be dangerous and even life-threatening to the mother.
These are just some examples of how medical professionals could act negligently during maternity care. More serious instances of maternity negligence could lead to conditions such as cerebral palsy.
To claim compensation for maternity or pregnancy negligence, please contact our team today.
What Do I Need To Make A Maternity Negligence Claim?
In order to make a midwife medical negligence claim, still-born birth injury claim or any other maternity negligence claim you need to provide evidence which shows another party’s liability.
Evidence which could help you prove a hospital negligence claim or other clinical negligence claims could include;
- A copy of your medical records. These should show what diagnosis and medical treatment (if any) you were given. This may help to highlight where another medical professional could have correctly diagnosed or treated you. You can request a copy of your health medical records from the NHS.
- Details of any diagnostic tests and test results.
- Correspondence with the healthcare provider or medical professional you are claiming against.
- A report from an independent medical assessment. As part of the clinical negligence claims process, you may be asked to undergo an independent assessment of your health and harm caused to you.
Contact a member of our medical negligence team today and find out how one of our medical negligence lawyers could help you collect evidence to claim compensation.
How Long Do I Have To Claim Medical Negligence Compensation?
There are time limits in which maternity negligence claims must be brought. In general, the time limit is three years from the date of incident or the date on which you became aware you had been harmed. This time limit is set by the Limitation Act 1980.
However, there are also exceptions to this time limit. In the case that a child has been injured, such as through cerebral palsy negligence, the time limit does not initially apply. A child can not claim on their own behalf. As such, a suitable adult may claim for them at any point before they turn eighteen. Once they turn eighteen, the three year time limit will apply.
If the person affected lacks the mental capacity to make a claim, such as having suffered a brain injury, there is no time limit.
In either case, a suitable adult may apply to be a Litigation friend and make a birth injury claim on behalf of the person harmed.
Our medical negligence solicitors could help you to claim for birth injuries caused by maternity negligence. Contact us to begin a claim.
Will I Have To Go To Court For A Medical Negligence Claim?
Maternity or pregnancy negligence claims will only need to go to court if the parties to the claim are unable to resolve it at the pre-litigation stage. Medical negligence claims which involve more complex injuries or cases could be more likely to result in court action. However, our medical negligence team will try to resolve the claim without the need to go to court.
If your maternity negligence compensation claim does go to court, your solicitor will be able to guide you through the process.
Our medical negligence solicitors could help you make maternity or pregnancy negligence claims. Please talk to us today.
How Much Maternity Negligence Compensation Could I Receive?
If your maternity negligence claim is successful, you will be awarded compensation. Medical negligence compensation settlements may include two heads of claim. These are general damages, which compensate for pain and suffering and special damages which compensate for financial losses.
To work out what general damages you could be eligible to claim, your solicitor may refer to the Judicial College (JC) guidelines. The JC guidelines include guidelines on how much compensation may be awarded for different types of harm.
Rows 2-10 of the table below takes figures from the JC. Please note, row one is an illustration of what could be awarded for general and special damages combined.
| Harm | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple and serious injuries with special damages. | Serious to severe | Multiple forms of injury with special damages. | Up to £1,000,000+ with special damages. |
| Brain damage | (a) Very severe | The person has little to no meaningful response to their environment. | £344,150 to £493,000 |
| Brain damage | (b) Moderately severe | Resulting in serious disability and dependence on others. | £267,340 to £344,150 |
| Female reproductive system | (a) Infertility due to injury or disease | Sexual dysfunction, depression, pain and scarring may all also be present. | £140,210 to £207,260 |
| Female reproductive system | (b) Sexual dysfunction | Dysfunction is likely permanent. Cases here the person has a child or would not have had one. | £52,490 to £124,620 |
| Female reproductive system | (c) infertility, no aggravating factors. | Infertility with not aggravating factors. | £68,440 to £87,070 |
| Female reproductive system | (d) Infertility without complications. | No sexual dysfunction. The person already has children. | £21,920 to £44,840 |
| Epilepsy | Established Grand Mal | An Established Grand Mal case. | £124,470 to £183,190 |
| Pelvic/ hip injury | (b) Moderate (i) | Significant pelvic or hip injury. Will not cause major permanent disability. | £32,450 to £47,810 |
| Pelvic/ hip injury | (b) Moderate (i) | Significant pelvic or hip injury. Will not cause major permanent disability. | £32,450 to £47,810 |
In addition to damages for the harm caused to you, you may be compensated for financial losses. Examples of special damages include;
- The cost of prescription and other medication.
- Other medical costs, such as for treatment
- The cost of travel to and from any medical appointments.
- Lost income and earnings due to time off work, lost overtime entitlement and other lost workplace benefits.
In order to claim for these or other costs and losses associated with your case, you will need to supply proof of your losses. This may include invoices for medical treatment or copies of bank statements.
Claim For Pregnancy Negligence On A No Win No Fee Basis
If you are eligible to make a medical negligence compensation claim, one of our No Win No Fee solicitors could handle your case. They could help you to claim through a Conditional Fee Agreement (CFA).
By choosing our medical negligence team, you;
- Will not be asked to pay any upfront or ongoing costs for your solicitors services whilst the claim is in progress.
- Won’t need to pay for your solicitors service if the claim fails.
If your medical negligence compensation is successful, your solicitor will deduct a success fee. This fee is a set percentage of your compensation. The percentage is limited by law, so you will keep the majority of your payout.
To get help with your maternity negligence claim, please
- Call us now on 0800 652 3087.
- Use our form to begin a claim online.
- Talk to our team via the live support below.
More Resources About Medical Negligence Claims
In this final part of our guide we have included further examples of clinical negligence claim guides from across our site which could help you.
- A medication error in hospital during childbirth could cause serious harm to mother or baby, resulting in a birth injury.
- If you developed sepsis in hospital during pregnancy or after childbirth, you could claim compensation. Sepsis could lead to serious birth injuries.
- You could claim for medical negligence in a private hospital. Learn more in this guide.
Here we have also included valuable resources
- Find NHS maternity statistics in this resource.
- Read about the quality and safety of maternity care in this research briefing for parliament.
- The Royal College of Midwives publishes standards for midwifery services in the UK.
Thank you for reading our guide to making a maternity negligence claim. For more information on how our medical negligence lawyers could help you, contact us today.
