Obstetrics negligence is when you or your baby are injured through medical negligence during the pregnancy, the birth or after delivery. If you or the baby suffer injury, you could have an obstetrics negligence compensation claim.

Medical negligence is when you receive treatment from a medical professional below a standard that any other medical professional would provide in similar circumstances.

Obstetrics negligence may be an injury caused by a failure to monitor you properly during a pregnancy. It could be obstetrics negligence if the baby suffers an injury during birth or you contract an infection due to errors in post-delivery care.

A medical negligence claim seeks compensation for the effects of the injury on your life or that of your baby. You claim compensation for the impact of the obstetrics negligence today and in the future.

A No Win No Fee medical negligence solicitor can look at your case and see if you have a valid obstetrics negligence compensation claim.

Obstetrics Negligence

What is an obstetrics negligence claim?

An obstetrics negligence claim seeks compensation for the injury you or your baby experienced during and after your pregnancy. You and your baby may suffer the effects of the medical negligence today and in the future.

Obstetrics negligence is when the medical professional who owes you and your baby a duty of care breaches their duty of care, causing harm. You could suffer avoidable vaginal tearing while your baby may have a brain damage due to medical care in the hospital.

Failings in maternity, such as obstetrics negligence, account for around two-thirds of all spending on negligence claims by the NHS. NHS Resolution, which handles claims against the NHS, says obstetrics claims are rising yearly, and the amount spent on compensation is increasing by more than £8 billion per annum. 

Your No Win No Fee medical negligence solicitor can handle your claim for the compensation you deserve after obstetrics negligence.

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Common claims for obstetrics negligence

Common claims for obstetrics negligence range from a birth injury to the newborn baby to an injury to the mother to the effects of a lifelong disability on the young baby.

The obstetrics negligence claim is for the medical treatment and costs involved when you suffer medical negligence before, during and after birth.

Common obstetrics negligence compensation claims:

Common claims for obstetrics negligence

Erb’s Palsy and Cerebral Palsy obstetrics negligence claims

Erb’s Palsy and Cerebral Palsy obstetrics negligence claims are for the effects of the lifelong conditions of the birth injury negligence. Your child may need constant care and medical treatment for life due to obstetrics negligence.

Erb’s Palsy and Cerebral Palsy happens due to:

  • Head, neck and shoulder injuries to the baby during delivery
  • Delays in delivering a baby causes them to suffer a lack of oxygen to the brain
  • A failure to monitor the baby during labour

If your baby has Erb’s Palsy or Cerebral Palsy due to medical negligence, you could have an obstetrics negligence compensation claim.

Birth injury to the mother obstetrics negligence claims

A birth injury to the mother obstetric negligence claim is for the avoidable injury the mother suffers when delivering a baby in the NHS hospital.

The mother can suffer a birth injury such as:

  • A poorly performed Caesarean Section
  • Avoidable vaginal tearing
  • Infection due to poor maternity care

You could have a medical negligence claim for the effects of the birth injury.

Failure to act during labour obstetrics negligence claims

A failure to act during labour can be obstetrics negligence if the mother or the baby suffers an injury or goes through unnecessary suffering during delivery.

A failure to act in obstetrics may be:

  • A failure to intervene in time when the mother is in distress
  • A failure to act when the baby is in distress before the birth
  • A failure to act when the baby is in danger after the birth

A failure to act can be hospital negligence, and you may claim compensation for the effects on you and your baby.

Failure to inform during pregnancy obstetrics negligence claims

A failure to inform the mother during pregnancy may be medical negligence if the mother or baby suffers as a result. 

The mother cannot make viable decisions without knowing what is happening during a pregnancy and the options available.

A failure to inform during pregnancy can be:

  • Failing to inform the woman of a danger to her life during the pregnancy
  • Failing to inform the mother that she should have a Caesarean delivery
  • Failing to inform the mother of medication she may need to take for her baby

Any failure to inform may be medical negligence and you could have an obstetrics negligence compensation claim.

Diagnosis delays obstetrics negligence claims

Diagnosis delays during a pregnancy can cause harm to the mother and the unborn child. The sooner a condition is diagnosed, the better it will be for prompt preventative action to be taken.

Types of diagnosis delays leading to obstetrics negligence are:

  • Delays in diagnosis when the unborn baby is in distress
  • Delays in diagnosis of the need for a Caesarean delivery
  • Delays in diagnosis of an underlying condition affecting the newborn

A delay in diagnosis can cause a delay in treatment and may even put the life of the baby and the mother in danger.

You may have an obstetrics compensation claim if you have experienced a delay in diagnosis during a pregnancy.

Obstetrics medical negligence can put your life and that of your baby at risk. You can experience obstetrics negligence before, during and after a pregnancy and you may have a medical negligence claim for compensation.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of negligence we will send a letter of claim to the negligent party outlining your compensation claim.

Compensation for obstetrics negligence

Compensation for obstetrics negligence is for the effects of the medical negligence today and in the future. You can receive amounts in the low £10,000s to well over £10 million in some cases. 

Your baby could suffer due to obstetrics negligence during the birth, causing cerebral palsy, infections, broken limbs, brain damage and other injuries. You may have vaginal tearing, PTSD, or even lose your baby through obstetrics negligence.

Obstetrics negligence can have many effects on you, your family, and the newborn baby, and you can claim for those effects today and in the future. The baby could have scarring for life or brain and nerve damage, while the mother may have a severe infection and be unable to have another baby.

Claims sometimes see high awards, such as when the mother’s life is put in danger, or the child has a life-long condition like cerebral palsy. The family can claim for the costs of adaptions to the home and full-time care for the child.

Compensation for obstetrics negligence claims can see awards of:

  • Infection contracted during the birth – £32,500
  • A failure to inform the mother of the need for a Caesarean birth – £45,690
  • Learning difficulties due to a lack of oxygen at birth – £98,680
  • Failure to monitor the mother during the birth – £101,400
  • Cerebral palsy and severe brain damage to the baby – £10.8 million

All amounts are approximate and are only a guide to what is possible in an obstetrics negligence claim. Figures can be high in some claims as the baby could need long-term care and may face medical bills for life due to the medical negligence.

compensation claim calculator

You may be able to claim for these care expenses and the medical costs in the future for your baby with an obstetrics negligence compensation case.

As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to the obstetrics negligence. 

A No Win No Fee medical negligence solicitor will be the one to advise you on an obstetrics negligence compensation claim.

A Medical Negligence Team solicitor will know from experience what your case may be worth and how to make a successful compensation claim.

Who is eligible for compensation in a medical negligence claim?

The patient who suffers pain, disability, or anxiety and sees their condition getting worse due to medical negligence may be eligible to claim compensation. 

The medical negligence can cause pain and anxiety, and your baby may need a lifetime of care, including surgery, and you may be able to claim compensation. 

Obstetrics negligence could have devastating effects on the baby, leading to cerebral palsy, brain damage and issues with the head, neck and shoulders. 

You can claim compensation for the impact of the medical negligence on your baby’s life and on your life today and in the future. Living with the effects of medical negligence can be very distressing and may lead to many other medical problems.

Any medical negligence may lead to psychological trauma, unnecessary pain, and disability. Obstetrics negligence can affect you and your family for life.

When you suffer obstetrics negligence harming you or your baby, a No Win No Fee medical negligence solicitor can help make the case for compensation.

What can you claim for in obstetrics negligence compensation?

You can claim for any damages that occurred when you sue for obstetrics negligence compensation.

There are two types of compensation damages due when suing for any type of medical negligence:

General Damages in an obstetrics negligence claim are when you sue for the pain, suffering and loss of amenity, PSLA, you, or the baby has experienced due to the damage done during delivery, untreated gestational diabetes, or a failure to inform.

  • Pain is that above what is normally expected for the condition, made worse by the negligence
  • Suffering is the inconvenience and changes to your life and that of your baby that cause unnecessary discomfort due to the obstetrics negligence
  • Loss of Amenity is any difficulty you and your baby have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping.

Special Damages in an obstetrics negligence claim can include any loss of earnings, future care costs, and out-of-pocket expenses. 

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future 
  • Future care costs are for any care you and your baby will need as a result of the medical negligence and any worsening of those conditions
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals

Be sure to keep payslips, receipts, and proof of any losses you experience because of the obstetrics negligence. 

You deserve compensation to cover all losses, including loss of life for dependents, medical costs, and long-term care needs. 

You can claim medical negligence compensation when you or your baby experiences unnecessary suffering due to obstetrics negligence, such as scarring, infection and nerve damage.

medical negligence compensation types

Who can be responsible for obstetrics negligence?

A medical professional can be responsible for the obstetrics negligence that harms the mother and baby before, during and after the delivery. When you bring a claim for medical negligence, such as a breach of care during pregnancy, you claim against the NHS Trust or private clinic that employed the medical professional responsible.

A medical professional responsible for the obstetrics negligence could be:

  • The obstetrician who harms the baby during delivery
  • An obstetrics team who fails to inform the mother of delivery options
  • The doctor who did not opt for a Caesarean delivery in time
  • The obstetrician who did not monitor the mother and baby during delivery
  • The hospital responsible for obstetric protocols and NICE guidelines
  • The hospital responsible for hiring suitable medical professionals
  • The hospital responsible for providing obstetric care and training
Who is responsible for medical negligence

Every medical professional owes you a duty of care when dealing with your health problems. You may suffer medical negligence if they are negligent with that duty of care and do not provide you with a professional service when under their care.

Medical negligence is treatment below an acceptable standard by a medical professional. Instead of putting the care needed into your care during pregnancy, the obstetrics team made avoidable errors, causing injury to you and your baby, which is clear medical negligence.

By behaving less-than-professionally, the obstetrician and obstetrics team risked your health, and that of the baby, and the effects of the medical negligence could be with you and the family for life.

You can claim compensation for the medical negligence and get help getting your life and your baby’s health back on track.

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Using a No Win No Fee medical negligence solicitor

Using a No Win No Fee medical negligence solicitor is the only way to a successful compensation claim for obstetrics negligence. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win. 

The medical negligence solicitor will have experience dealing with the NHS and insurance companies when handling the obstetrics negligence claim. A solicitor will know the causes of the medical negligence, discover who caused the medical negligence during the delivery of your baby, and identify the effects of the negligence by a medical professional during the pregnancy.

Your No Win No Fee solicitor will handle your compensation claim when you experience obstetrics negligence and will know how to make it a successful compensation claim.

Always have a fee agreement in place before engaging a medical negligence solicitor. If they start talking of a ‘win fee’ or a ‘success fee,’ you should walk away. The negligent party insurers should pay all fees.

The medical negligence solicitor should also operate a 100% Compensation Guarantee scheme. When you win the case, all the money awarded should go to you, not the solicitor.

You and your baby are the ones who experienced the medical negligence, and you deserve the compensation to help improve your baby’s life after the obstetrics medical negligence.

Using a No Win No Fee solicitor

How long do I have to make a claim for medical negligence?

You have three years to make a claim for medical negligence. All medical negligence claims are subject to limitation periods.

For example, in England and Wales, medical negligence cases involving obstetrics must generally be brought and court proceedings issued within three years of the injury or three years of knowledge of the facts giving rise to the claim. 

For a birth injury to the baby due to obstetrics negligence, the parents of the child have until they turn 18 to make a compensation claim. The claim can help cover costs such as medical care or adaptions to the house and car.

If your child has suffered due to obstetrics negligence, they typically have until they reach 21 to start a medical negligence claim or court proceedings.

Persons with a disability, such as a baby who suffers brain damage during delivery and who lack capacity, are not subject to any limitation period.

Will I have to go to court with an obstetrics negligence claim?

No, you are very unlikely to have to go to court with an obstetrics negligence claim.

The majority of cases are settled well before there is a need for court action, and NHS Resolution will see most cases are dealt with, in conjunction with your solicitor, before a referral to court by either side.

Medical negligence can cause you and your family a lot of distress. If you discover the errors could be due to poor treatment by a medical professional, you will want answers and compensation for the effects of negligence when delivering your baby.

Your solicitor will want to keep the medical negligence claim out of court and get it settled in your favour as quickly as possible.

If your claim is one of the very few cases that do go to court, it will be handled by your No Win No Fee medical negligence solicitor.

Contact the Medical Negligence Team today

Contact the Medical Negligence Team today to discuss your obstetrics negligence claim. If your baby suffered from the effects of the lack of oxygen to the brain or you suffered due to errors during a pregnancy, you can claim compensation.

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis, and you will not be out of pocket for an unsuccessful claim.

We have both the legal and medical experts to guide you along the steps to a successful claim for obstetrics negligence compensation.

We have a very high success rate and a reputation for a speedy and successful resolution to medical negligence claims.

You may have a compensation claim if you experience medical negligence during pregnancy, such as infection, poor monitoring of the baby or injury during delivery.

Our 100% Compensation Guarantee puts all the money you win into your pocket.

Contact us at the Medical Negligence Team, and let us handle your claim for obstetrics negligence compensation today.

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