Who Can Bring A Medical Negligence At Birth Claim?

All medically trained professionals have a responsibility to provide patients with the correct standard of care. A failure to do so, could result in you experiencing unnecessary harm. This is known as medical negligence. If you or your child sustained avoidable harm due to experiencing medical negligence at birth, you might have grounds to make a claim. We will explore the process of doing so in more detail throughout our guide.

medical negligence at birth

Medical negligence at birth claims guide

In this guide, we have provided examples of how much medical negligence compensation could be awarded following a successful claim.

We will also discuss how incidents of maternity negligence could happen and what steps you can take to following this type of incident.

Additionally, we will discuss the benefits of working with a No Win No Fee solicitor from our panel.

To learn more, continue reading. Alternatively, you can contact one of our advisors using the following details.

Choose A Section

  1. Medical Negligence At Birth – Can I Claim?
  2. Why Is Duty Of Care Important When Making A Maternity Negligence Claim?
  3. Who Can Make Birth Injury Claims?
  4. What Evidence Could Be Used To Prove Medical Negligence At Birth?
  5. What Compensation Could You Receive From A Medical Negligence Claim?
  6. Why Use Our Panel Of No Win No Fee Solicitors To Claim For Medical Negligence At Birth?
  7. Learn More About Birth Injury Claims

Medical Negligence At Birth – Can I Claim?

There are various ways medical negligence at birth could occur. In addition, both mother and baby could sustain a birth injury. Examples can include:

  • Your midwife may use forceps incorrectly causing your baby to sustain a serious head injury. As a result, this may lead them to develop cerebral palsy. This is a condition that affects movement and co-ordination.
  • Your midwife may have failed to notice that the umbilical cord was wrapped around your baby’s neck. As a result, their brain may have been starved of oxygen for a period of time, leading to brain damage.
  • During a check-up while you were still pregnant, your doctor may have failed to address clear symptoms of pre-clampsia. As a result, you may have developed eclampsia while giving birth, leading to seizures.
  • You may have required an emergency caesarean section or C-section. However, during the procedure, the surgeon may have cut too deeply causing you to experience a perforated bowel during a C-section gone wrong.

The impact of you or your baby experiencing an injury at birth can have several effects on your quality of life. For example, as a mother, you may experience an impact on your emotional well-being and could develop conditions such as post-traumatic stress disorder (PTSD) after a traumatic birth. You or your baby could also be impacted physically.

It’s important to note that not all birth injuries will form the basis of a valid claim. In order to seek compensation, you must be able to prove that a medical professional provided care that fell below the correct standard and led to you or your baby experiencing avoidable harm.

If you are eligible to make a claim, the compensation you could receive can reflect the impact on yours or your baby’s quality of life.

Call for more information.

Why Is Duty Of Care Important When Making A Maternity Negligence Claim?

Medical professionals have a duty to provide their patients with the correct standard of care. The ways in which they are expected to act in order to ensure this standard of care is provided can vary depending on their specific medical discipline. The Nursing and Midwifery Council provide guidance on the professional standards of practice and behaviour for nurses, midwives and nursing associates.

It’s important when making a claim for medical negligence at birth, that you can prove the duty of care owed to you was breached and you or your baby experienced unnecessary harm as a result.

To learn more about the steps you can take to seek medical negligence compensation, please get in touch on the number above.

Who Can Make Birth Injury Claims?

If the baby is injured during the birthing process, a parent could make a claim on their behalf. To do so, the parent would need to apply to the courts to act as a litigation friend. A claim can be made on behalf of the baby up until they turn 18. After this, if no claim has been made on their behalf, they will have three years from their 18th birthday to make their own claim.

If you, as the mother, are injured during the birthing process, you could put forward a claim three years from the date of the incident. Alternatively, you could have three years from the date that you connected the harm you sustained with negligence.

To learn more about who could start a claim following medical negligence at birth, you can get in touch with our team of helpful advisors.

What Evidence Could Be Used To Prove Medical Negligence At Birth?

When making a medical negligence at birth claim, it is can be beneficial to gather as much evidence as possible. This can include:

  • The details of any witnesses, such as your birthing partner, for a statement to be taken at a later date.
  • A dairy of your treatment, injuries and symptoms.
  • Photographs of your injuries.
  • Medical records, such as hospital reports.

In addition to evidence, the results of the Bolam test can be taken into consideration. This involves a group of relevantly trained medical professionals assessing your case to determine whether the correct standard of care was provided. The findings of their investigation can be used as evidence to support your case.

You may also find it beneficial to seek free legal advice from our team. They can assess your case and if they find it has a chance of success, they could connect you with a medical negligence solicitor from our panel.

To learn more, get in touch. Alternatively, continue reading to find out how much compensation could be awarded following a successful claim.

What Compensation Could You Receive From A Medical Negligence Claim?

Generally, birth injury settlements could comprise up to two heads of claim. The first is general damages which can compensate for the physical and psychological pain and suffering experienced as a result of the harm sustained due to medical negligence. 

We’ve used guideline compensation amounts from the Judicial College Guidelines (JCG) to create the table below. Legal professionals can use this document to assist them when calculating the value of the general damages head of claim.

You should only use these as a guide though because the actual settlement awarded could depend on the unique circumstances of each case.

InjuryCompensation BracketDescription of Injury
Very Severe Brain Damage £282,010 - £403,990(a) This bracket includes cases of quadriplegic cerebral palsy that causes severe disabilities, both physical and cognitive.
Moderately Severe Brain Damage£219,070 - £282,010(b) The injured party has a very serious disability. This can include a physical disability, such as limb paralysis.
Female Reproductive System £114,900 - £170,280(a) Infertility caused by injury or disease.
Female Reproductive System £43,010 - £102,100(b) Cases could include those with significant medical complications such as where multiple surgeries are required.
Injuries to the Pelvis and Hips£78,400 - £130,930(a) Severe (i) Pelvis fractures that are extensive and involve a ruptured bladder and low back joint dislocation.
Injuries to the Pelvis and Hips£26,590 - £39,170(b) Moderate (i) A significant hip or pelvis injury that doesn't cause any permanent disability.
Shoulder Injuries£19,200 to £48,030(a) Severe: Injuries involve brachial plexus damage.
Shoulder Injuries£12,770 to £19,200(b) Serious: Shoulder dislocation with lower brachial plexus damage.

Could I Receive Special Damages In A Maternity Negligence Claim?

The second head of claim is known as special damages. This compensates for the financial losses incurred as a result of the harm sustained due to medical negligence. This can include:

  • Travel costs
  • Medical bills
  • Care costs
  • Loss of earnings

In order to claim for financial losses, you must provide evidence in the form of receipts, invoices or bank statements. 

Contact our advisors using the number above if you need more information about birth injury compensation amounts.

Why Use Our Panel Of No Win No Fee Solicitors To Claim For Hospital Negligence?

Our medical negligence claim solicitors can work with you on a No Win No Fee basis. The Conditional Fee Agreement (CFA) that they can offer allows you to access their services without needing to pay upfront or while the claim is ongoing. You also don’t need to pay for their services if the claim fails.

If your claim succeeds, you will pay a success fee. This is taken from your compensation. However, it is subject to a legal cap.

For more information about how a solicitor from our panel could help you start your claim for medical negligence at birth on this basis, get in touch using the details provided below.

Contact Us For Free To See If You Can Make A Medical Negligence At Birth Claim

Our advisors can offer free legal advice and answer any questions you may have about your potential maternity negligence claim. To get in touch, you can:

Learn More About Birth Injury Claims

Below, we have provided some additional resources that you may find helpful:

You can also see more of our medical negligence guides below:

Contact our advisors for more support on medical negligence at birth claims.

Writer Jess Aitch

Editor Meg McGloughlin