Birth injury to mother claims

There are many different types of birth injury. We have a wide variety of experience in investigating claims relating to injuries to mothers caused by problems with their care during or around pregnancy, labour and delivery.

The most common birth injuries to mothers include vaginal tears, postpartum haemorrhage, and ruptured or prolapsed uterus. Vaginal tears cannot always be avoided but they should be identified and treated appropriately. If they are not, this can cause additional injury, pain and long-term problems, both physically and mentally. Haemorrhage means a major bleed. These can be extremely serious and can cause death if not diagnosed and treated in a timely and appropriate manner. Sometimes a haemorrhage could have been avoided if the mother had been identified as high risk and steps had been taken to help prevent haemorrhaging.

A ruptured uterus occurs when the wall of the uterus tears. This can be life-threatening for both the mother and the baby, so it should be diagnosed and treated urgently and steps should be taken to identify women who are at higher risk of ruptures. A prolapsed uterus happens when the uterus moves out of the usual position and down into the vagina. If untreated, it can cause incontinence, pain and sexual problems, so it is important that this is diagnosed and appropriate treatment provided.

Psychiatric injuries are also common after a traumatic birth. Some women suffer psychiatric injuries such as post-traumatic stress disorder, depression or anxiety as a result of problems during their child’s birth.

We are often asked exactly what a medical negligence claim can achieve, if it is successful.

For many of our clients, they have already made a complaint and are unhappy with the outcome. They want to know more about what went wrong, and whether it could have been avoided, so that they can achieve some form of closure. They often want to prevent the same mistake happening to someone else. Sometimes, after making a claim, they may receive an apology or a promise that the hospital will change how they do things. However, this cannot be guaranteed.

The objective of a medical negligence claim, in the eyes of the law, is financial recompense. The aim is to try to compensate you for the injury that you have suffered, so the value of a claim is based on how your injury has affected you and what needs you have as a result.

Working out the value of a claim can be simple but may be very complex depending on how severe your injury is. We have vast experience in these types of claims and will guide you through this process step by step.

It takes time to determine what the injured person’s needs are, and what they will be for the rest of their life. Part of our role is to explore these needs and obtain expert evidence as to how they can be met, both now and in the future, and how much this may cost. We can advise in detail about what, and how much, can be claimed.

As part of a successful claim, the injured person will receive compensation for their injuries, pain, suffering and quality of life. They will also claim for past and future financial loss. The sorts of losses that we advise on include care and assistance provided by family members in the past; future care needs and the cost of professional care if appropriate; loss of earnings and loss of pension; the costs of travel and parking arising from the injury; specialist aids and equipment; therapy and treatment and other costs. The most important rule to remember is that it is only costs caused by the negligent treatment that can be claimed.

Making a medical negligence claim, especially for injuries relating to birth, can be an emotional process but we are able to guide you through this as sensitively as possible. The first step is to discuss your potential claim with us so that we can assess if we can help, and you can decide if we are the right fit for you.

The next step is usually to set up funding. We offer conditional fee agreements (often called ‘no win no fee’ agreements) so that we can investigate claims without financial risk to you.

If we can proceed with investigating a claim, we will obtain your medical records relating to the birth, as well as other relevant records such as your GP records. Once received, these records will be considered with a medical expert in the relevant field of expertise, such as a midwife or obstetric expert. Depending on the specific nature of your claim, other experts may be required as well, and we will advise you on which experts are most appropriate.

We will also consider the value of your claim based on the injuries you have suffered, and may seek expert input to help with this as well, such as from a psychiatrist.

The vast majority of medical negligence claims do not go all the way to a trial. If successful, they are more likely to settle out of court. We can guide you through the process of valuing your claim, advise you on making and/or receiving offers of settlement from the defendant, and prepare and attend settlement meetings to help you achieve the best result that we can.