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Birth and Pregnancy Injury Claims
Reviewed by
Peter Rigby - Director of Medical Negligence
We've got your Birth Injury Claim covered
- No win No fee
- Not just lawyers - real specialists
- No obligation
- UK's highest-rated medical negligence solicitors
Childbirth should rightly be an uplifting and incredible experience . However, if the correct care isn’t given then it can be very traumatising and, in some cases, can lead to a lifetime of health problems for the child; they may even require around-the-clock care.
MAKING A BIRTH INJURY CLAIM
When there is a failure by these professionals to carry out their duty, you could be entitled to make a birth injury claim. If you or your baby has suffered as a result of either poor care during pregnancy or errors made during the birth, then Patient Claim Line is here to help by:
- Determining if you would be eligible to make a birth injury claim during a completely free and informal chat
- Explaining the amount of compensation you could be entitled to for your suffering
- Talking you through the evidence you will need to provide
- Not taking a single penny until we’ve won your case, using our No Win No Fee agreement
If you or your child has suffered a birth injury or the care you received during your pregnancy was negligible, our specialist birth injury lawyers can help you get the answers and the support you deserve.
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WHAT ARE PREGNANCY AND BIRTH INJURY CLAIMS?
During pregnancy, or in childbirth, complications can lead to injury or trauma for the mother, baby or both. Some of these complications may be unavoidable despite medical professionals doing everything they could. However, sometimes a birth injury can occur if the care you received from a doctor or midwife fell below an acceptable standard. If you or your baby were injured during pregnancy or childbirth due to medical care mistakes, then you may be entitled to make a birth injury claim.
You can also find help and guidance to support you through what can be a devastating time from groups like The Birth Trauma Association.
TYPES OF BIRTH INJURY CLAIMS
We see a varied number of claims surrounding pregnancy and birth negligence.
Sometimes, the hospital may not have admitted something went wrong, or claimed that it’s ‘just one of those things’, or ‘a normal risk of birth.’ It is our job to prove that this is not the case and that the birth injury was caused by medical negligence.
The most common types of birth injury we help clients with include:
- Injuries To The Child During Birth – Cerebral Palsy or Erb’s Palsy
- Misdiagnosis Of Pre–Existing Conditions
- Injuries Received After Birth As The Result Of Negligence
The circumstances and details surrounding each type of claim will differ. This is why it’s best to use a specialist medical negligence solicitor who understands the exact type of pregnancy or birth injury negligence that occurred.
TYPES OF PREGNANCY INJURY CLAIMS
Pregnancy care should always be of the highest standard, not only for the baby’s health but also the health of the mother. If you feel that you have been treated poorly, your health or the health of your baby was affected, or scans have not been carried out as they should be, you may be entitled to make a claim.
You may be able to claim for:
- Diseases or infections caused by negligence during pregnancy
- Inadequate scans and examination of the baby during pregnancy
- Failure to identify problems, resulting in avoidable injury
MISCARRIAGE AND STILLBIRTH
Some of the most traumatic and devastating pregnancy and birth injury claims we take on are those where medical negligence has led to miscarriage or stillbirth. There may have been a lack of proper screening during pregnancy or a failure to act quickly enough during birth. Pursuing a claim for miscarriage or stillbirth negligence is about so much more than compensation, and can help you get the answers you need. You may have a case if you experienced any of the following during your pregnancy or the birth itself:
- A lack of regular tests and check ups
- Failure to treat symptoms in a timely manner
- Test results being incorrectly diagnosed
- Failure to refer you to a consultant when necessary
It would need to be shown that these failings had a direct and definite impact on the outcome of your pregnancy, resulting in miscarriage or stillbirth.
FAILED CONTRACEPTION OR STERILISATION
Our dedicated birth injury lawyers have first-hand experience handling contraception and sterilisation failure claims where suspected negligence is at fault. It is true to say that all forms of contraception carry a small percentage of risk and failure, but if you believe your experience was down to a breach in medical duty, we’re here to support you. You may be looking to make a claim because:
- You believe you have experienced a negligent sterilisation procedure
- You were not sufficiently warned about the side effects of oral contraception
- An unwanted pregnancy has led to physical and emotional stress
- You have experienced Injectable hormone complications
- You have experienced complications relating to intrauterine devices
As pregnancy and birth negligence experts, our legal team can advise you on the necessary route forward when looking into a compensation claim for contraception and sterilisation failure.
FAILED ABORTION CLAIMS
Our legal experts understand that a failed abortion procedure can be incredibly distressing for all concerned. Working with a specialist medical negligence law firm will place you in the strongest position going forward. We can help you with failed abortion procedures including:
- Negligent abortion causing injury to the mother such as a haemorrhage or damage to the womb or cervix
- A complete failure from the abortion procedure
- Crucial information from the medical team not being passed on to the patient
- Negligence from the medical team concerning the scan and whether the procedure has been successful
- A wrongful birth due to serious medical errors
When making a claim for a failed abortion, we not only take into account the suffering and distress caused to you, but also the effects this will have on your dependents going forward.
PERINEAL TEARS CLAIMS
Perineal tears can occur during childbirth and whilst these are not always preventable, if a care provider misdiagnosed or failed to treat your tear, you could be entitled to make a claim. Examples of claims surrounding perineal tears include:
- Failure to accurately diagnose and provide treatment for a perineal tear
- Failure to provide appropriate aftercare following a tear – such as a failure to refer patients for postnatal urogynaecological and physiotherapy follow-ups
Negligence may involve a lack of timely intervention, improper stitching of tears, or failure to anticipate and prevent severe tearing.
If you have suffered Perineal Tears during childbirth (between 2020 – 2022) and were not provided the appropriate aftercare at Pinderfields Hospital, we are here to help.
WHAT CAN I EXPECT WHEN MAKING A BIRTH INJURY CLAIM?
Looking into making a claim may be the last thing on your mind if your baby has suffered a birth injury. But, we can assure you that making a compensation claim with the right team behind you could make your life a lot easier. Your child may require extensive care and you and your family or friends may be left to provide that care. You may need equipment or treatment that will help your child. This could be expensive, especially if you or your partner has had to give up work, as is often the case. Compensation for birth injuries can help with:
- Any private care and treatment costs
- The cost to friends and family who have helped you
- Specialist equipment including adaptations to your home or car
- Rehabilitation costs and ongoing care costs
- Loss of earnings, now and in the future
- Pain, suffering and emotional distress
Final compensation figures will vary but can reach millions of pounds for cases where a baby has life limiting injuries – such as Cerebral Palsy.
NHS ANNUAL REPORT 2022/2023
Negligence and avoidable errors surrounding pregnancy and birth unfortunately still occur despite the NHS’ best efforts to provide the safest healthcare possible.
The most recent NHS Annual Report detailed that maternity claims accounted for £44,965 million (65%) of the 2022/23 clinical negligence provision. This is a decrease from the previous report, where £90,053 million (70%) was recorded in 2021/22.
To learn more about the prevalence of maternity negligence in the NHS Annual Reports, you can read about previous data in our blog: What Does The NHS Report Say About Maternity Negligence?
WHY CHOOSE PATIENT CLAIM LINE FOR YOUR BIRTH INJURY CLAIM?
Patient Claim Line has access to one of the leading medical negligence teams in the UK and will be able to tell you very quickly whether they think you have a case. They have a specialist team that deals with birth injury cases. They also have the knowledge and experience to fully investigate your case; if negligence has occurred, they will ensure that any compensation takes into account any initial after care, as well as the impact on yours and your baby’s future.
We have over 100 solicitors and over 30 years of experience helping people just like you.
NO WIN NO FEE BIRTH INJURY CLAIMS
The very last thing you need to worry about when making a birth injury claim is paying for legal help. When you use Patient Claim Line, you will sign a No Win No Fee agreement. This means you do not have to pay a penny up front. Even if you do not win your case, you still do not have to pay anything. Only when you win will we take a pre-agreed sum. It costs you nothing to find out if you have a case, and all our claims are dealt with by specialist birth injury lawyers who work hard to help you through the whole claims process.
Why Choose Patient Claim Line for your Birth Injury Claim?
Not just lawyers — medical negligence experts
Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in medical negligence and misdiagnosis claims.
At Patient Claim Line we have more than 100 solicitors with a combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.
It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.
Frequently asked questions about Birth Injury Claims
Our Expert Legal Team Answers Your Questions About Making A Pregnancy and Birth Injury Claim
Birth injury compensation is calculated according to its physical, mental and emotional impact. This includes practical factors such as a loss of earnings or care costs for your child, as well as costs for the trauma and the injury itself. No birth injury claim is exactly the same as another and so compensation will depend on the severity of the birth injury and any long lasting effects.
Hospitals do not always want to admit liability, especially for birth injuries which can be so devastating for a family. Some claims may take months, while other claims could take years. It will all come down to the individual circumstances but you will be kept well-informed at each stage of your claim.
You usually have three years from the date of the birth injury to make a claim if the claim is for yourself. This can also be extended to three years from the date of discovery if the birth injury does not become apparent until later. You have until the child’s 18th birthday to make a claim on their behalf. Children can make a claim for a birth injury that affected them for up to three years after the date of their 18th birthday.
There are many injuries associated with birth which can be considered ‘normal’. For instance, tearing during birth happens to 9 out of 10 first time mothers. However, there are also cases where birth injuries are not normal and are as a result of medical negligence during your pregnancy or birth. Speak to a specialist birth negligence lawyer who can help you understand if your birth injury could have been avoided with better medical care.
It is unlikely that you would have to go to court for a birth injury claim. Less than 1% of claims ever make it to court. The vast majority of birth injury claims are handled by specialist lawyers who represent you and do the work on your behalf.
Meet our Birth Injury team
Case Study
Sarah's Story
"Now we have peace of mind"
My husband, Nick, went back and forth to the doctors for a long time and tried everything the doctor recommended. But his illness got worse, to the point that he was in agony.
In the end we got so desperate that we asked for a referral. The doctor was reluctant, so we had to consult a private hospital. That’s when we found out there was a tumour. It took years from the onset of his illness to finally start cancer treatment.
He used to be a man with a lot to live for, but in the end he was in so much pain that he withdrew from the family. He became angry that nobody had helped him sooner, and the legal team were able to give him the validation that he was desperately seeking. The NHS confirmed if they had done more, Nick would still be alive today.
