Midwife negligence & birth injuries – legal advice about this claim

Midwife negligence and birth injuries are very difficult subject matters, so let our team offer you some advice about making this type of claim.

Both a baby’s and mother’s health are precious and mums to be often feel nervous throughout their pregnancy journey. Parents often rely on midwives to guide them through the birth process, ease any concerns and safely deliver their newborn.

Unfortunately, things can take a turn for the worse when a birth becomes complicated due to a midwife’s negligence. Injuries are all too common before, during and directly after childbirth and are often a result of an adverse event that occurs at birth. Midwives ‘negligence can not only impact an infant’s and mother’s life expectancy, and quality of life, but can also have a devastating impact on families. 

What are birth injuries?

Midwives are responsible for caring for both baby and mother, but even with exceptional care, injuries could still occur. On some occasions however, care provided falls below an acceptable standard and injuries incurred as a result of this can be devastating. We have listed some examples of the types of negligence that we see are below:

During pregnancy

Examples include underlying conditions not diagnosed in time or high-risk pregnancies not monitored or advised on adequately.

Labour

Injuries during birth because of negligence e.g., not monitoring baby’s heart rate, delay in intervening in difficult births and failing to administer the correct medication during labour.

After pregnancy/labour

This can include infections after birth or failing to monitor mother and child.

There are a significant number of injuries that can affect both babies and mothers and, where they are caused by negligence, there may be recourse.

Some of the devastating injuries that can occur to babies are listed below:

Cerebral Palsy

This is a brain injury which can occur if a baby is starved of oxygen or suffers a head injury during birth. This is a lifelong condition that affects movement and coordination. It can be managed with treatment such as physiotherapy and occupational therapy but, there is no cure.

Pre-eclampsia

This is a problem connected to the placenta whereby increased levels of protein in the mother’s blood can cause various symptoms including vision problems and liver failure. This can be easily managed with medication and close monitoring but, if it is not identified and treated promptly the results can be catastrophic.

Congenital hip dysplasia claim

Congenital hip dysplasia occurs when baby’s hip joint is unstable, causing it to detach completely. A lack of screening and delayed diagnosis can result in osteoarthritis and lifelong limb pain.

Still birth

Still births can occur for many reasons, both natural and due to negligence. Some of the negligent causes include: late diagnosis, delayed birth or wrong medication.

Mothers can also suffer injury including but not limited to:

• Incontinence and infections
• Stroke
• PTSD
• Complications of Pre-Eclampsia

If you think your midwife has acted negligently during your pregnancy, labour or beyond, contact us today to speak to our specialist personal injury lawyers who can advise you on the merits of your claim. 

Midwife negligence and home births

Home births are a popular and personalised option for parents who wish to undergo the birthing process in an intimate and familiar environment.

If you have suffered midwife negligence during your home birth, you may still have a claim. Private and independent midwives are registered and regulated with the Nursing and Midwifery Council and have mandatory professional indemnity insurance. This means they have a set of standards and guidance to follow in all situations and, where that falls down, there is a right of action against those professionals. 

Are there any timescales to be aware of?

Generally, if there are no birth complications and both mother and baby are healthy, you will not need to have constant or regular contact with your midwife.

However even if this is the case, you can still contact your midwife up to 28 days after the birth of your newborn. After this time, you midwife will no longer be responsible for treating and diagnosing you, and you should see your GP about new concerns.

If you think there have been negligent management of your pregnancy/labour/baby’s birth and you or your baby have suffered injury then, you have 3 years in order to bring a claim for your own injuries but, claims for those under the age of 18 have a limitation date of 3 years from the child’s 18th birthday.

If you would like further information on relevant timescales, or believe your midwife is responsible for yours or your baby’s injuries, contact us today to discuss further. 

How to make a claim for medical negligence.

While no amount of compensation can rectify the harm and distress a midwife’s negligence can cause, making a claim may provide for lost earnings, the cost of any ongoing care, or it may just simply provide you with some peace of mind knowing the midwife has been held responsible for her negligent actions.

If you feel you have been caused unnecessary harm or distress because due to the negligence of your midwife or, indeed any of the staff involved in your pregnancy and the birth of your child, don’t hesitate to get in touch with our friendly legal team today who can assess and guide you through your potential claim.

We are able to offer a No Win No Fee Agreement in these circumstances. Legal Aid may also be available in specific birth injury cases.

We are happy to discuss the position on fees and costs with you further during your free initial consultation with one of our solicitors.