Childbirth Injuries to Mother Claims
Reviewed by
Peter Rigby - Director of Medical Negligence | Last updated on: 24th January, 2024
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When giving birth, the main concerns are usually with the welfare of the newborn baby. However, if something goes wrong during the birth it is not only the baby’s life that may be at risk but also that of the mother. It is important that you are in the hands of a fully trained professional and if for any reason there are problems with the delivery that could have been prevented, or you were left with injuries as a result of medical negligence you may be eligible to make a compensation claim.
You may be able to claim in the event of injuries received through birth:
- Episiotomy
- Pre-eclampsia
- Unnecessary scarring and damage from a Caesarean section
- Hospital acquired infections
- Vaginal fissures and tears
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Injuries to mother compensation
From time to time, preventable injuries occur to both mother and baby during childbirth. When this happens as a result of negligence, and your long-term health or your child’s long-term health is affected, you may be entitled to compensation.
At Patient Claim Line, we are legal experts and take injuries during childbirth very seriously. Our expert team can help you to understand if you have the right to pursue a claim.
Episiotomy injury
During the birth of a child, medical professionals may make the decision to cut between the mother’s vagina and perineum to allow the baby to exit more easily. Unfortunately, episiotomies can lead to further infection and physical injury. When that decision has been made negligently, or the procedure itself results in an error, you are entitled to seek legal advice.
Pre-eclampsia
Pre-eclampsia often happens during the second half of a pregnancy, or immediately after a baby is born. Although cases can be symptomless, the condition can result in complications for both the mother and baby. Negligent treatment, delayed diagnosis or a failure to diagnose altogether can mean that you are entitled to compensation.
Caesarean section injuries
If you are a victim of avoidable scarring and damage from a Caesarean section, you could be entitled to compensation. A caesarean section, or c-section, is generally considered as a very safe procedure. However, there can be risks and complications when the treatment is not carried out to an acceptable standard.
At Patient Claim Line we are leading experts in the field of medical negligence and have extensive experience in dealing with a wide variety of claims. We offer a personal and professional approach and are 100% committed to achieving the best outcome we can for you.
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.
Why Choose Patient Claim Line for your Childbirth Injuries to Mother Claim?
Not just lawyers — medical negligence experts
Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in cancer negligence and general medical negligence 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 Childbirth Injury to Mother Claims
Our expert legal team answer your questions about making a Childbirth Injury to Mother Claim
When you initially contact a medical negligence solicitor, they will talk through what happened and assess if you have grounds for a birth injury claim. After this, they will investigate and access your medical records and any other evidence. You may be asked to provide proof of any financial losses or future costs. Everything is taken care of by expert solicitors who will explain the process step by step and answer every question you may have.
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.
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.
Hospitals do not always want to admit liability, especially for birth injuries which can be so devastating to 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 informed at each stage of your claim.
Birth injury compensation is calculated according to the physical, mental and emotional impact it has. 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 the long lasting effects.
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 Childbirth Injury to Mother Team
Trevor Ward
Partner, Senior Birth Injury Solicitor
Leanne Devine
Associate & Birth Injury Solicitor
Parbeen Alamgir
Associate & Senior Birth Injury Solicitor
Emma Semwayo
Partner, Head of Medical Negligence
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.