In the UK, we expect prenatal care to be of the very highest standards. Whether it is leading up to, during, or after childbirth, the mother is in a very vulnerable position, so the medical team on the maternity ward must take great care. Serious harm could be caused if the care falls below the expected standards, and so this guide on birth injuries to the mother compensation claims examines when you could seek compensation for harm caused to you during childbirth.
Key Takeaways
- Medical professionals, regardless of specialism or experience level, must provide care that meets the correct standards.
- If a failure to meet these standards results in avoidable harm, this is deemed as medical negligence.
- As we said above, a pregnant mother is in a very vulnerable position, so poor care can pose a very significant risk.
- Infections, heavy bleeding, and adverse reactions to anaesthetics can occur if the maternity team fail to provide the correct standard of care.
- Our expert birth injury solicitors can offer eligible claimants some very desirable No Win No Fee terms which you can learn more about by reaching out to our advisors.
We operate a 24 hour advice line, so for answers to any questions, further information regarding the claims process or a free eligibility check, get in touch with us today. You can use the contact details given here to reach a member of our team:
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Who Can Make Birth Injuries To The Mother Compensation Claims?
Any pregnant person who suffered avoidable harm during childbirth could meet the eligibility requirements for birth injuries to the mother compensation claims. As we said above, every medical professional across both public and private healthcare must meet the correct standards when administering care to patients.
This is a legal responsibility for the patient’s wellbeing, known as a duty of care, and if a breach of this duty leads to harm that could have been avoided, medical negligence is said to have occurred.
The eligibility criteria in birth injury claims can therefore be summarised as:
- You were owed a duty of care by the medical professionals on your maternity team.
- This duty was breached in some way.
- That breach resulted in avoidable harm being caused.
Claiming For Psychological Birth Injuries To The Mother
You could also claim for a psychiatric injury caused to the mother when suing for medical negligence. Even if everything goes smoothly, childbirth is still very physically and mentally demanding. So, if something goes wrong, the psychiatric harm can be severe, and compensation could be awarded for this.
Fatal Birth Injuries To The Mother
In the event of fatal birth injuries to the mother, the estate of the deceased could make a claim for the pain and suffering experienced as well as any financial losses incurred under the Law Reform (Miscellaneous Provisions) Act 1934. They can also make a claim on behalf of certain qualify relatives known as the dependents.
The estate of the deceased has the exclusive right to claim within the first 6 months after death but, if no claim has been made on their behalf during this time, the dependents may seek compensation for the impact the death has had on them, as per the Fatal Accidents Act 1976.
You can find out more about the eligibility requirements in birth injury claims by speaking to one of our advisors. Whether you are looking to claim for yourself, on behalf of someone else or in the event of a wrongful death, our advisors can provide free legal advice at any time.
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What Are Some Examples Of Birth Injuries To The Mother?
Some examples of birth injuries to the mother include hip and pelvis fractures, infections and severe bleeding. This is not an exhaustive list if the particular harm you sustained is not listed here, do not worry you could still be eligible to claim. Check with our advisors today for further information.
Examples of avoidable harm caused to mothers can include:
- Severe bleeding due to a missed detached placenta.
- Perineal tears due to a badly conducted episiotomy or misuse of forceps.
- Infections and sepsis being contracted from poor hygiene standards or delayed administration of antibiotics.
- Failures to monitor signs for pre-eclampsia.
- Errors relating to anaesthetics or epidurals.
- Damage to the bowels, bladder or other internal organs from surgical errors during a C-section.
To get a free consultation on making a claim in your particular circumstances, get in touch with the team at Legal Expert today.
Case Study – £220,000 Compensation Payout For Retained Placenta
This figurative case study examines the case of Mrs G, who received a £220,000 compensation payout for a retained placenta during the birth of her second child. Mrs G went into labour and was admitted to her local hospital. A failure to monitor properly resulted in her retained placenta being missed following the delivery of the baby.
The placenta began to separate from the uterine wall, resulting in severe bleeding. Despite emergency surgery to remove the placenta, Mrs G developed a severe infection. Her husband had to take time off work to help care for her, as well as having to pay for assistance with both childcare and domestic help. It later became apparent that the ordeal had left her infertile, with significant scarring.
Mrs G and her husband contacted an experienced medical negligence solicitor to find out if compensation could be sought for the serious breach of standards. After undertaking an independent medical exam, the solicitor helped Mrs G gather a strong body of evidence that was then brought to the hospital. After a period of negotiation, the hospital admitted liability and the following compensation was awarded:
- Compensation for the infertility, scarring and psychological impact: £170,000.
- Payment for husband’s loss of earnings: £30,000.
- Additional childcare costs and domestic care support: £20,000.
In total, Mrs G received £220,000 for the avoidable harm, caused to her, and the additional costs incurred as a result of this.
If you want to know more about making a claim for your particular case, or to see if one of our expert solicitors could help you, contact our advisors today.
Mother Childbirth Injury Compensation Amounts
Mother childbirth injury compensation amounts can vary depending on the type of harm suffered, how this has impacted the mother’s daily life and if any financial losses were also experienced.
Compensation in successful medical negligence claims can be awarded under two heads of loss:
- General damages: for the physical and psychological harm caused.
- Special damages: for related financial losses and other costs. We’ll provide greater detail on this head of claim in the next section.
Our solicitors can refer to your medical documents in conjunction with the Judicial College Guidelines (JCG) to help them calculate a potential general damages figure. The JCG publication sets out compensation brackets for a range of physical injuries as well as psychological harm. A relevant selection of these brackets has been used to create the following table.
Compensation Table
Please be aware that the top entry was not taken from the JCG and that this information is intended to serve as guidance only.
Type of Harm Severity Guideline Compensation Value
Very Severe Harm alongside Significant Special Damages including Lost Income, Medical Expenses and Care Costs. Very Severe Up to £1,000,000 +
Reproductive System: Female Infertility due to Injury or Disease (a) £140,210 to £207,260
Likely Permanent Sexual Dysfunction in a Person with Children (b) £52,490 to £124,620
Infertility without Aggravating Features (c) £68,440 to £87,070
Infertility with Zero Complications (d) £21,920 to £44,840
Pelvis & Hips Severe (a)(i) Extensive Fractures of the Pelvis £95,680 to £159,770
Severe (a)(ii) Fracture Dislocation of the Pelvis Resulting in Impotence £75,550 to £95,680
Moderate (b)(i) Significant Injury to the Hip or Pelvis £32,450 to £47,810
General Psychiatric Harm Moderately Severe (b) Significant Issues but with an Optimistic Prognosis £23,270 to £66,920
Moderate (c) Marked Improvements with Good Prognosis £7,150 to £23,270
What Else Can Birth Injury To The Mother Compensation Cover?
Birth injury to the mother compensation could also cover any financial losses sustained due to the medical negligence you experienced. These losses are compensated under the second head of claim, special damages. There are two important things to consider regarding special damages. First, both past and future losses may be compensated, and second, this means the payouts are often substantially higher than the equivalent general damages.
Examples of costs you could be compensated for following birth trauma can include:
- Loss of earnings, including any future loss of earnings, from time taken off work to recover from the harm you sustained.
- The cost of medical treatments, prescriptions and rehabilitation.
- Domestic care and support with tasks including meal preparation, cleaning, caring for dependents and DIY if you cannot do any these activities safely by yourself.
- Accessibility installations such as handrails, stairlifts or a modified bathroom.
- Transport to and from hospital appointments.
You’ll need to provide proof of these costs so make sure you hold onto documents including you payslips, travel tickets, bills for care and receipts for any purchases to be used as supporting evidence.
This section is intended to serve as a rough guide on how birth injury compensation amounts are determined and the sorts of costs that could be reimbursed in a successful medical negligence claim. Therefore, we cannot make guarantees about what your potential claim could be worth.
To get a more personalised estimate and a free eligibility assessment, talk to one of our friendly advisors today.
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How To Prove A Mother’s Injuries Were Caused By Medical Negligence
You can prove a mother’s injuries were caused by medical negligence by providing a strong body of evidence, such as medical records and a symptoms diary. Below you will find the steps to take following a mishandled birth and some examples of the evidence that can be gathered to support a potential claim.
Get Medical Help
Getting the right medical treatment following a birth injury is key not only to protecting the well-being of yourself and the baby, but also to generating official medical records that can then be used as evidence.
Gather Evidence
Once treatment has been administered, evidence can be collected. Some examples of which can include:
- Medical records of the birth as mentioned above, including any additional treatment or tests that were performed.
- The contact information of family members, friends or your maternity team so the solicitor can take witness statements.
- Evidence of any financial losses that have been sustained.
- Any report from the Bolam Test, if the court decides it is necessary.
The Bolam test is where a select panel of medical professionals from the relevant field, in this case, obstetrics, assesses the level of care provided and determines whether the correct standards were met. While not used in every case, the Bolam test is nevertheless useful evidence if applied in your particular circumstances.
Keep A Record Of How The Avoidable Harm Has Affected You
It is a good idea to maintain a diary during your medical care and recovery, paying particular attention to any symptoms and your mental state. You can note down any treatments you received, side effects and any therapy or counselling sessions you attended. Doing this will help show the more personal impact on your life that the mishandled birth had.
Seek Legal Advice
Legal Expert’s dedicated advisory team can offer free advice and tell you if you have a valid claim in just a few minutes. If you meet the requirements, you’ll be put through to one of our medical negligence solicitors. Consulting a legal professional will be a great help to you, as they can advise you on the likelihood of compensation, assist you in collecting the right evidence, and negotiate on your behalf. You can see more about what our solicitors can do for you towards the end of the guide.
Pay Attention To The Time Limits
Most medical negligence cases are subject to a 3-year time limit, but certain exceptions may be relevant in your particular instances, so make sure you check with the solicitor. We examine the time limits in greater detail in the next section.
If you have further questions on gathering evidence or what to do following a birth injury, whether to yourself or your partner, get in touch with our advisors today.
How Long Is The Mother’s Childbirth Injury Claim Time Limit?
The mother’s childbirth injury claim time limit is typically 3 years, as set out within the Limitation Act 1980. However this time limit can be counted from different dates:
- The date of the incident when the avoidable harm was actually caused.
- The date of knowledge, where you would have been first expected to realise the harm you experienced, was due to the level of care received.
Now, there are cases where exceptions to the 3 year rule can apply, these are:
- Minors: if the pregnant person was under 18 at the time of their birth injury, then the 3 years will be counted from their 18th birthday, giving them until 21 to make their claim.
- Persons without mental capacity: if the mother does not have the mental capacity to claim for herself, then the time limit is frozen altogether. This could be due to being in a medically induced coma, or from having suffered brain damage to a lack of oxygen for example.
In these cases, a litigation friend could be appointed to oversee the claim on their behalf. Litigation friends are given decision making powers over a claim and must adhere to strict criteria to uphold the best interests of the individual they are claiming for. You can find out more about the suitability requirements for litigation friends, as well as learn more about the time limits by speaking to our advisors today.
Birth Injuries To The Mother Compensation Claims With Legal Expert
You can learn more about making birth injuries the mother compensation claims with Legal Expert by speaking to our advisory team. They can answer any additional questions you might have about the claims process and can tell you within minutes if you have a valid claim.
If you meet the eligibility requirements, they’ll put you in touch with a highly experienced medical negligence solicitor, specially chosen to fit your particular needs. Our solicitors have decades of experience which they can use to your advantage.
A range of tailored services and support can be provided throughout the claims process so we’ve given a few examples of the ways our experts can help you here:
- Ensuring you received the right medical care, rehabilitation and other support you require to cope with the harm sustained.
- Helping you gather a strong body of supporting evidence.
- Interviewing witnesses.
- Calculating a potential compensation figure including any loss of earnings and other costs.
- Keeping you informed of how the claim is progressing and explaining all the technical legal terms. You can also visit our legal glossary for a quick jargon buster.
- Negotiating a settlement on your behalf with your healthcare provider’s representatives.
- Instructing an experienced barrister to present your claim in court if the matter progresses to trial.
Our solicitors can offer their services under a type of No Win No Fee contract called a Conditional Fee Agreement or ‘CFA.’ This contract protects claimants from paying solicitor service fees at the start of, during or if the claim fails.
A success fee is payable only if the claim is won and this is deducted from your compensation. As The Conditional Fee Agreements Order 2013 caps the maximum percentage that can be charged as a success fee, most of the compensation will be yours to keep.
Contact Our No Win No Fee Solicitors
We operate a 24 hour advice line so for answers to any questions, further information regarding the claims process or a free eligibility check, get in touch with us today. You can use the contact details given here to reach a member of our team:
- Call on 0800 073 8804
- Contact us online
- Use our live chat
Frequently Asked Questions
We’ve included a few frequently asked questions and answers below to provide some information on the basics of making a birth injury claim.
Can Claims Be Made Simultaneously If The Baby Was Injured Too?
Yes, medical negligence claims can also be made on behalf of the newborn child if they suffered injury during the birth. Examples of this can include cerebral palsy, Erb’s palsy and other physical and cognitive damage.
Can Claims Be Made More Than Three Years After Birth?
Yes they could. While the standard limitation period is 3 years, if the extent of the avoidable harm is not apparent right away, the time limit won’t be counted until the date of knowledge. Extensions are also granted to minors and those without mental capacity.
What Are Some Signs A Mother Has Sustained A Birth Injury?
Signs of a birth injury can include significant bleeding, high pain levels and severe tears to the perineum or vaginal wall. The maternity team should be monitoring the mother carefully so quick action can be taken when complications arise.
How Can Birth Injuries To Mothers Be Treated?
A mother may require stitches or surgery to repair tears to the vagina, uterus or perineum. A retained placenta may also require physical removal. If there is significant blood loss, a transfusion may be necessary.
Can Birth Injuries To The Mother Compensation Claims Be Made Against The NHS?
Yes you could claim against an NHS hospital for a birth injury. This claim would be handled with by NHS Resolution, an independent body of the Department of Health that deals with clinical concerns and disputes across NHS providers.
Would A Claim Impact Access To Ongoing Medical Care?
No, a medical negligence claim will not impact ongoing medical care, whether for yourself or others. NHS Resolution has an entirely separate budget to that of the wider NHS so your claim will not impact other maternity services.
Will A Mother Birth Injury Claim Need To Go To Court?
In all likelihood, no. Most claims can be settled out of court through negotiations and other discussions. If your claim does need to heard at trial for whatever reason however, Legal Expert will support you throughout this.
More Information
You can read some more of our medical negligence claims guides here:
- Find out more about premature hospital discharge claims here.
- Read our guide to GP negligence claims and find out when you could claim compensation.
- See how much compensation you could get for a medical misdiagnosis claim today with this useful guide.
We also have some additional resources you may find useful:
- Read the NHS guidance on what happens after the birth and where to access support.
- You can read The Code of Practice for nurses and midwives on the Nursing and Midwifery Council website.
- Raise a concern about a doctor with the General Medical Council.
We’d like to thank you for taking the time to read this extensive guide on birth injuries to the mother compensation claims.