Maternity negligence can happen before, during or after a birth. You may not even realise the maternity negligence happened, as pregnancy is such a stressful time.
You can claim medical negligence compensation if you or your child experienced any form of maternity negligence during pregnancy or birth.
Medical negligence is due to a medical professional not doing their job correctly. You can claim compensation if you suffered from negligent care at any stage of your pregnancy.
The Medical Negligence Team will provide the legal expertise and experience to fight your maternity negligence claim for compensation.
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What is maternity negligence?
Maternity negligence is when you experience care below expected standards before, during, after or during your pregnancy.
The level of medical care provided is so poor that no medical professional carrying out their normal duties would provide such service.
You or your baby can suffer injury and experience long-term effects of the poor standard of maternity care during the pregnancy and birth.
Death, disability and catastrophic injury are often the results of maternity negligence. The costs of the care for life and other medical expenses can run into the millions of pounds.
A maternity negligence claim for compensation will get you the money you deserve for the suffering you experienced and to provide the care needed for your child.
It could be that you do not even realise the extent of the poor medical care you experienced. There is so much going on that you may not know who is responsible for the poor standard of maternity care.
There are many examples of maternity or pregnancy negligence, and a brief outline of a few may help when considering a maternity negligence claim.
Types of maternity negligence
The types of maternity negligence you can claim for are:
Each type of maternity negligence causes injury, even long-term illness, and the need for full-time care.
You can make a claim for maternity negligence to get the money you need to deal with the results of maternity negligence.
Common claims for maternity negligence come from substandard care you received before, during and after your pregnancy.
How to Sue the NHS
If you have been a victim of NHS negligence? If you have, you may need Sue the NHS for damages.
What are some common claims for maternity negligence?
Some common claims for maternity negligence are obstetric negligence, cerebral palsy claims and other types of poor medical care during or before maternity
Examples of common maternity negligence claims are:
Birth injury maternity negligence claims
Birth injury maternity negligence claims are for the below-standard medical care during your child’s birth.
Perineal Tears claim
Perineal Tears are tears to the area between the vagina and anus and happen during birth, in some cases severe tears are preventable but more commonly severe tears such as a grade four tears are missed meaning treatment takes place much later than it should resulting in a worse outcome such as continence being compromised.
This can result in significant pain, continence problems and unnecessary suffering for the mother.
Damage to organs during a Caesarean claim
When the delivering doctor damages the bladder, bowels, and intestines, as well as other organs during a Caesarean Section. Failing to recognise that a structure has been damaged can result in a successful medical negligence claim.
Similarly stitching into the bowel or a ureter when closing up the incision after a C-Section can also result in severe complications and a successful medical negligence claim.
Breaking the baby’s bones claim
Breaking bones such as the legs or hips, happens when the doctor or midwife does not practise due care during delivery.
Among other birth injury maternity negligence claims are an episiotomy carried out without care, misuse of forceps during delivery and not intervening when the mother or child is struggling during a birth.
A maternity negligence claim gets you compensation for the birth injury and any long-term care needs that result.
Contraception failure negligence claim
Contraception failure negligence claims are when a contraception implant, a vasectomy or tubal ligature does not prevent a pregnancy soon after the procedure.
An unexpected pregnancy can bring health problems to the mother, leading to illness and even death in some circumstances.
There may be underlying genetic problems that a mother does not want to pass on through pregnancy.
Cystic fibrosis, brain abnormalities and fatal diseases are reasons why many would-be parents opt not to conceive a child.
The economic impact of another child can put stress on the finances of the mother and family. With a planned pregnancy, the family can manage financial difficulties, but contraception negligence can put untold pressure on the parent or parents.
Contraception failure should not happen, and you can take a medical negligence claim against the contraception provider when you have an unexpected pregnancy.
Obstetric negligence claim
Obstetric negligence claims are for negligence before, during and after the birth of your child. They include pregnancy negligence claims for medical procedures carried out or not carried out, misread scans and misdiagnosis of pregnancy problems.
Medical procedures carried out or not carried out
Include Caesarean Sections not being ordered in a timely fashion when there are signs that the baby is in danger such as a patholo.
Misread scan claims
When an obstetrician misses an ectopic pregnancy or even the simple error of not seeing the signs of pregnancy hypertension from test results.
Missing a pregnancy due to the negligent reading of an ultrasound leads to many problems.
Misdiagnosis of pregnancy problems
Missing the signs of the slow development of the foetus when intervention is needed, can cause serious health issues.
The mother can suffer from health issues during pregnancy, such as preeclampsia which, if misdiagnosed, will cause major harm.
An obstetrician is a medical professional trusted with the welfare of both the mother and child. Obstetric negligence will cause harm to both, and you can claim compensation for the poor standard of obstetric care.
Cerebral Palsy negligence claims
Cerebral palsy negligence claims are when insufficient oxygen is supplied to the baby’s brain during birth, causing Cerebral Palsy.
The CTG should be carefully monitored for signs of any distress to the unborn baby. Where concerns arise the Oxygen supply to the baby must be monitored during labour and the birth. Not monitoring the oxygen levels, causing the baby not to get enough of it, can cause brain damage.
Cerebral palsy is a condition that affects the child for life, and the sufferer will need constant care and medical intervention.
You can claim compensation for the maternity negligence causing Cerebral palsy coming from the low standards of medical care during the birth.
Failed abortion medical negligence claims
Failed abortion medical negligence claims are when the pregnancy is not terminated during the surgery.
The woman chooses to abort the foetus for reasons such as foetal viability, effects on the mother’s physical and mental health or it is simply not the right time.
When the surgeon is negligent in terminating the foetus, forcing the mother to carry the child to birth, the effects can be devastating to the woman.
Failed termination or abortion medical negligence claims compensate the mother for the pain and suffering when a failed termination of pregnancy is negligently diagnosed too late meaning the mother endures unnecessary pain and suffering.
Midwife negligence claims
Midwife negligence claims are when the midwife does not practise due care during pregnancy, missing the vital signs that the mother and foetus need special attention.
If the midwife is negligent, they will miss the signs of a high-risk pregnancy. The mother, instead of getting the care needed, may lose the baby and have their own health put at risk.
Mistakes during birth by a midwife can lead to complications, putting both the mother and child at risk. Birth defects result from the midwife negligence, and the mother’s life may be in danger too.
Not seeing the signs of health problems with the newly born child will put their life in danger. The midwife should carry out standard checks, and when they do not, it is midwife negligence.
Maternity negligence claims
Maternity negligence claims listed here only cover some of the many injuries, birth defects, failed pregnancies and complications that come from negligent treatment by medical professionals.
You can sue for pregnancy negligence compensation, and a medical negligence solicitor will fight your case for you.
Who is responsible for maternity negligence?
A medical professional is responsible for maternity negligence. Medical professionals responsible for maternity negligence include your GP, obstetrician, midwife and staff in the delivery ward.
Maternity negligence can also be the medical staff at the fertility clinic or the abortion clinic who made errors during your treatment.
The NHS hospital or private clinic where you received maternity treatment can also be responsible for maternity negligence.
If you suffered from maternity negligence, the medical professional or hospital responsible will have to face your claim for compensation.
Compensation for Maternity Negligence
Poor standards and unacceptable medical care should not happen, and it is due to medical negligence by a medical professional
You claim for any damages arising from the medical negligence.
There are two types of damages due when suing for maternity negligence: General damages and Special damages.
General damages
General damages are when you sue for the pain, suffering and the loss of amenity, PSLA, you have experienced due to negligence.
Special damages
Special damages include loss of earnings, future care costs, and out-of-pocket expenses
Be sure to keep payslips, receipts and proof of any losses you experience as a result of the medical negligence.
When you or your child suffers from the effects of maternity negligence, you sue for compensation. You deserve the compensation to cover all medical costs and any long-term care needs.
Claim for maternity negligence compensation
Claim for maternity negligence compensation by contacting a medical negligence solicitor. Your medical negligence solicitor will take the claim for compensation to the provider of the poor medical care and get you the money you deserve.
The claim for compensation could be against the doctor, medical staff, obstetrician, fertility provider or hospital.
The No Win No Fee medical negligence solicitor prepares and fights the claim on your behalf during what could be a very stressful time.
How much can I claim for maternity negligence?
You can claim amounts from £1000 to more than £20 million for maternity negligence. It is difficult to give a set amount for any maternity negligence claim as each one is different.
Special damages and general damages for a maternity claim can add up to very high sums in some compensation claims.
Obstetric claims account for 12% of medical negligence claims received by the NHS but account for 62% almost £1 billion of the compensation paid out each year.
This is because a severely brain damaged child injured as a result of maternity negligence would be entitled to private care for life and such costs will amount to hundreds of thousands of pounds per year for the duration of the child and then adult’s life.
As the effects and long-term care needs for a cerebral palsy negligence claim are high, the claim amounts can be more than £1million in some cases.
Pelvic injuries can bring in compensation claim amounts of more than £11000, while brain damage ranging from moderate to severe can see successful claims of more than £400000 for general compensation (damages).
Your medical negligence solicitor will advise you on what you can claim for maternity negligence and what to expect in your circumstances.
The medical negligence solicitor will also outline the steps involved when you sue for medical negligence compensation and get you the money from your claim.
The steps involved when suing for maternity negligence
The steps involved when suing for maternity negligence are a part of any successful compensation claim. When you follow them correctly and get all the facts and figures together, your medical negligence solicitor will do the rest.
Step 1: Seek medical advice
Seek medical advice on the injuries you have suffered or are suffering with immediately you realise you experienced maternity negligence.
Step 2: Contact a specialist medical negligence solicitor
Contact a specialist medical negligence solicitor who operates on a No Win No Fee basis and tell them what went wrong. The right solicitor will look at your case, see where the problem lies, and advise if you suffered maternity negligence.
The Medical Negligence Team also have a 100% Compensation Guarantee scheme, where you get all the money awarded in a negligence claim.
You are the one who suffered medical negligence, and you should get all the money due for the suffering.
Step 3: Your medical negligence solicitor obtains your medical records
Your medical negligence solicitor obtains your medical records with your permission. By reading your records, they will confirm if they think you have a valid maternity negligence case.
The medical negligence team will know from reading your medical records if the case will result in maternity negligence compensation being paid.
Step 4: The medical negligence solicitor sending a letter of claim to the negligent party
The medical negligence solicitor sending a letter of claim to the negligent party is the next step. The letter will ask them to admit maternity negligence in what is known as ‘sending a letter of claim.’
When the negligent party receives the letter of claim, it has up to four months to provide a written response.
Step 5: Getting a response from the negligent party’s insurer
Getting a response from the negligent party’s insurer will move your compensation claim closer to a conclusion.
The insurer will either admit the medical negligence or say they intend to defend the case. Deciding to defend the case is known as ‘deny liability’ in legal terms.
If they admit liability, your maternity negligence claim can be valued.
The two parties will meet to decide on your maternity negligence compensation payment.
Your solicitor will negotiate with the negligent party and use their experience to get the compensation you deserve.
Step 6: Issuing court proceedings
Issuing court proceedings is the next step if they deny liability in your maternity negligence case. Going to court happens, too, when they are not prepared to pay a fair amount for the injuries you have suffered.
Your medical negligence solicitor issues the court proceedings.
Remember that less than 1% of medical negligence cases go to trial.
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 medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.
Using a No Win No Fee solicitor
Using a No Win No Fee solicitor is the only way to a successful maternity negligence claim. Your No Win No Fee medical negligence solicitor will not charge you for a claim you do not win.
If any solicitor starts talking of a ‘win fee’ or a ‘success fee’, you should walk away. The negligent party insurers should pay all legal fees and you should receive 100% compensation.
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 are the one who suffered maternity negligence, and you deserve the compensation to get your life back to normal.
How long do I have to make a claim for maternity negligence?
You have three years after becoming aware of negligence to bring maternity negligence to court. All medical negligence claims are subject to limitation periods.
For example, in England and Wales, medical negligence claims must generally be brought, court proceedings issued within three years of the injury, or three years of knowledge of the facts giving rise to the claim.
If someone has passed away, it is the date of death if the limitation period has not expired at the date of death.
Children not under a disability typically have until they reach 21 to start a maternity negligence claim or court proceedings.
Persons under a disability, who lack capacity, are not subject to any limitation period.
Contact The Medical Negligence Team
Contact the Medical Negligence Team today to discuss your maternity negligence claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation.
At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim.
We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases.
Our 100% Compensation Guarantee puts all the money you win into your pocket. You are the one who suffered pregnancy negligence, and you deserve every penny of the compensation.
Contact us at the Medical Negligence Team for all your medical negligence needs.
