By Lewis Cobain. Last Updated 7th November 2024. Welcome to our guide about midwife negligence compensation. We look at how to claim compensation for injuries to the mother and baby caused by medical negligence. This guide looks at negligence by hospitals in England and Wales, but circumstances and claims may be similar in Scotland.
If you or your baby have suffered harm as a result of midwife negligence during pregnancy, delivery or postnatally then you may be eligible to claim compensation for any losses and the pain and suffering you have experienced. Although millions of babies are delivered safely every day, there are a number of ways in which mother and baby can suffer an injury during this vulnerable time. If you wish to seek the damages you deserve then please call Legal Expert and we can allocate a highly experienced solicitor to your case.
Please read on to find out more about claiming for midwife negligence and call us when you are ready to begin your claim. We will be ready and waiting for you, call us free on 0800 073 8804. If you prefer, you can also contact us through our website or write to us using the Live Chat feature now on your screen.
What Is Midwife Negligence?
You may have questions such as “what is midwife negligence?” The area of midwife negligence is huge and can occur during any part of your pregnancy, labour or postnatally. If your midwife behaves in a negligent way during any part of the process which directly results in unnecessary harm to either you or your baby then you may have grounds to claim. The following scenarios are just some ways in which you could bring a midwife negligence case.
- If you have presented symptoms or abnormalities that should have been recognised as a potential problem, but the midwife has not carried out appropriate examinations or tests to investigate.
- If your midwife does order further tests but then fails to read the results properly, record the tests appropriately or report them properly, which leads to either a misdiagnosis.
- When you become pregnant, your midwife will talk to you about any pre-existing conditions that you may have or a family history of a condition that could impact your pregnancy. If you tell the midwife this information and the midwife fails to take action, despite the fact that it could cause complications further down the line then the midwife can be held responsible for this.
This is by no means an exhaustive list and there are many other scenarios in which a midwife may be held responsible for a complication that occurs, harming yourself or your baby.
What Are Midwife Negligence Claims?
Medical negligence claims are based on proving that the third party, in this instance, a midwife, was negligent in their actions leading to you or your baby being injured. The reason you may be able to claim is that every medical professional has a duty of care. If their actions go below the standard duty of care, leading to an injury, you may be able to claim.
Midwife negligence claims cover a wide variety of situations. We understand however that it may be difficult for you to decide whether or not your midwife’s actions were negligent. That is why Legal Expert is on-hand to advise you about your rights. If you believe that you have experienced midwife negligence and have suffered harm as a result then we suggest that you seek the advice of a personal injury solicitor as soon as possible.
Common Examples Of Midwife Negligence
Midwifery negligence can happen in various ways, some affecting the mother and some affecting the baby. Below, we’ve broken down examples of negligent incidents for each.
What Injuries Can Midwife Negligence Cause To A Baby?
Here are just a few examples of the kind of harm that midwife negligence can lead to:
- Cerebral palsy, a condition which affects an individual’s ability to move and co-ordinate their muscles. It is caused by damage to the brain. Cerebral palsy can be caused following the birth if the midwife fails to notice or diagnose hypoglycaemia, jaundice or serious conditions such as meningitis. You may also be able to claim medical negligence if these conditions were diagnosed but there was a delay in treatment.
- Erb’s Palsy. It occurs when there is trauma to the baby’s neck during childbirth, causing damage to the nerves. If there is excessive traction on a baby’s neck, head or shoulders during delivery, resulting in Erb’s Palsy, then you may be able to claim compensation.
- Brain damage. Brain injuries at birth are usually caused when a baby is deprived of oxygen, also known as birth asphyxia. It can also occur as a result of undiagnosed or untreated jaundice or physical trauma. An example of trauma would be excessive force used when delivering the baby.
- Fractured or broken bones. A midwife may be held liable for broken or fractured bones if they have allowed labour to go on for too long, failed to diagnose a breech birth, failed to respond appropriately to shoulder dystocia or used excessive force to deliver the baby.
- Bell’s Palsy. This can be caused by a forceps delivery which is not carried out properly. It can damage the facial nerves causing paralysis. You can claim Bell’s palsy compensation if you have evidence that negligence led to this condition in your baby.
What Injuries Can Midwife Negligence Cause To A Mother?
Injuries sustained by the mother during birth can have long lasting consequences. There are a number of scenarios in which you can make midwife negligence claims. They can include:
- Avoidable vaginal tears. Although vaginal, anal or perineal tears are not uncommon and often tricky to prevent, the severity of them can be reduced by a careful midwife. Failure to properly check for tears or give advice on appropriate treatment to ensure no other more serious conditions arise from the tear can result in compensation for a tear during labour.
- Incorrect stitching after an episiotomy.
- Harm resulting from a midwife’s failure to spot an underlying condition during the pregnancy, for example, preeclampsia or gestational diabetes.
This list is not exhaustive and if you have experienced any other kind of harm as a result of a midwives negligence then please call Legal Expert today and find out whether you could be eligible to claim compensation. Remember if the midwife was negligent, compensation may be payable. If you are still unsure and wondering ‘was my midwife negligent?’, then one of our advisors will be glad to have a chat and advise you.
What Can Be The Long Term Effects Of Midwife Negligence?
It goes without saying that the long-term impact of midwife negligence can be absolutely devastating for a family. To have a long-awaited baby that suffers harm at the point of delivery is heartbreaking.
Even relatively minor harm that occurs during childbirth as a result of midwife negligence can result in long term trauma to the mother. A difficult delivery may mean that the mother wishes never to have another child. More serious injuries can mean that assistance and medication are required on an ongoing basis, potentially for the rest of the child’s life.
Who Is Responsible For Midwife Negligence?
If you were treated in the NHS, then you are still absolutely eligible to claim compensation. Your eligibility to claim damages extends to any negligence in midwifery practice. In fact, the NHS have their own litigation authority to deal with clinical and nonclinical claims, it is called NHS resolution.
If the negligence took place in a private hospital or clinic, a claim can be pursued against that organisation.
It’s unlikely that you’ll claim against the midwife directly. This is because of the principle of vicarious liability, which holds an employer accountable for the actions of its employees.
In order to have the best chance of success in your midwife negligence claim, you should have an experienced professional on your side. This is where Legal Expert can help. Reach out to us today for free advice on your case.
How Long Do I Have To Make A Midwife Negligence Claim?
If you wish to make midwife negligence claims, the personal injury claims time limit is usually three years from the date your injuries occurred or were diagnosed. This time limit is set by law under the Limitation Act 1980. This time limit can work differently under certain circumstances.
If, for instance, your child has been injured due to midwife negligence, then the time limit for claiming does not apply to them until they reach their 18th birthday. Also, the time limit will be frozen (at least temporarily) if a victim of midwife negligence is an adult but lacks the mental capacity to act on their own. Children and those lacking the mental capacity to act independently can’t start their own claim. However, a representative known as a litigation friend may be able to claim on their behalf.
Whatever your exact circumstances are, contact us today for guidance on how long you have to start a claim.
Compensation Payouts In Midwife Negligence Claims
You may be interested in finding out what compensation you could receive if you make a successful claim. All midwife negligence claims are different and will lead to a unique settlement, but one thing that is certain is that payments can be made up of either one or two parts:
- General damages, which account for pain and suffering. This payment is always part of a payout.
- Special damages, which cover losses like a loss of earnings or medical bills. This isn’t a guarantee, but if you can produce proof of loss like receipts or statements, this part can form some or even most of the total figure.
The general damages element will be carefully calculated as part of the claims process. Those carrying out this task can use medical evidence for some guidance.
The Judicial College Guidelines (JCG) could also be used for insight. We’ve put together some figures from the document in the list below. You’ll see that the amounts are quite wide brackets. This is because all sorts of factors can affect how much is paid out, including severity, symptoms and length of recovery.
The JCG is ultimately a guide only. Additionally, the first bullet point is purely illustrative and not from the JCG. Therefore, it’s worth calling us today so an advisor can go through your potential midwife negligence compensation in more detail.
Compensation Examples
- A payout accounting for more than one severe injury, in addition to expenses stemming from negligent care – up to £1,000,000+.
- Very severe brain injuries, including quadriplegic cerebral palsy – £344,150 to £493,000.
- Moderately severe brain damage, where the affected person is significantly disabled – £267,340 to £344,150.
- Moderate brain damage that carries a small risk of epilepsy – £52,550 to £110,720.
- Severe psychiatric damage – £66,920 to £141,240.
- Moderately severe psychiatric harm – £23,270 to £66,920.
- Moderate psychological damage – £7,150 to £23,270.
- Damage to the bowels that typically follow a birth injury – In the region of £97,530.
- Severe pelvic or hip injury, including a dislocation of the pelvic that results in impotence – £75,550 to £95,680.
- A pelvis or hip injury deemed moderate because pain is significant but permanent disability, if any, isn’t major – £32,450 to £47.810.
How Do You Prove A Midwife Negligence Claim?
If you’ve suffered due to negligence regarding your pregnancy, any negligence claims need to be supported by evidence. Each claim is different, so the evidence you will need will depend on your specific circumstances. However, here are a few general examples:
- Medical evidence – You have the right to request access to your medical records at any time. This can include symptoms and treatments, including the results of procedures such as ultrasound scans.
- Pictures – You can provide any pictures of your injury.
- Your own written account – Make sure you keep track of any issues or impacts on the health of you or your baby as a result of midwife negligence.
For more examples on how to support childbirth negligence claims, get in touch with our advisors today.
No Win No Fee Midwife Negligence claims
If you are considering making a pregnancy negligence claim, one of our medical negligence solicitors may be able to help you with your case on a No Win No Fee basis with a Conditional Fee Agreement (CFA).
Some of the benefits of making a claim under this type of arrangement include:
- Not having to pay anything upfront to your solicitor for them to start working on your claim.
- No service fees during the process of your claim.
- Not having to pay your solicitor for their services if the claim is unsuccessful.
If your claim is successful, your solicitor deducts a success fee from your settlement. This success fee is subjected to a legal cap.
Get in touch if you have any other questions about midwife negligence claims, or to see if you could be eligible to work with one of our No Win No Fee solicitors.
You can get in touch with our advisors by:
- Calling our 24/7 advice line on 0800 073 8804
- Using our live chat pop-up.
- Completing our ‘claim online’ form for a callback.
Helpful Links
This NHS page shows more on complications in birth
This detailed guide offers more information on childbirth claims
Other Useful Compensation Guides
- What Are The Time Limits For Suing The NHS?
- I Was Harmed By A Negligent Nursing Home, How Do I Report My Injuries?
- How Much Compensation Can I Claim Against A Doctor Or GP Negligence?
- Get information on claiming for delayed treatment caused by medical negligence through our guide.
If you have further questions about midwife negligence claims, please speak to a member of our advisory team at a time that suits you.