Childbirth Psychological Injury Compensation Claims Solicitors.

A psychological injury is a psychiatric condition which develops as a result of a traumatic event and is severe enough to have a detrimental impact on the individual’s ability to perform routine daily tasks at home and/or work.

The most common psychological injuries that occur after a traumatic incident are:

• Depression/Postnatal depression
• Anxiety
• Extreme phobia
• Adjustment disorder
• Post-traumatic stress disorder (PTSD)

Psychological injuries typically occur due to experiencing or witnessing trauma, for example violent crimes, physical abuse, road traffic accidents, or a serious injury. In the case of a maternal psychological injury, it is most often caused by birth trauma, which is the distress experienced by a mother during and/or after childbirth. The symptoms of a maternal psychological injury may not always be immediately obvious, they may develop in the months or even years following the traumatic birth.

After experiencing a traumatic event such as a birth injury to mother or baby, stillbirth, or neonatal death, it is normal for parents to feel a variety of feelings including anger, fear, anxiety, and extreme sadness, and these feelings will often subside over time. However, if a psychological injury such as PTSD has occurred, these feelings and symptoms may worsen, and lead to further complications.

Some of the key signs and symptoms of a psychological injury include:

• Flashbacks or visual images of the incident
• Intrusive thoughts
• Suicidal thoughts
• Sleep disturbances such as insomnia and nightmares
• Cognitive difficulties like poor concentration or memory loss
• Confusion or disorientation
• Mood swings
• Being easily startled
• Sexual dysfunction or loss of libido
• Extreme fatigue and lethargy
• Being on edge or hyper vigilant
• Obsessive or compulsive behaviours
• Emotional and social detachment
• Feelings of guilt or shame
• Overwhelming anxiety or fear
• Social isolation and withdrawal from previously enjoyed activities

If you notice any of these signs in yourself or in a loved one after experiencing birth trauma, it is important to seek help from a mental health professional as soon as possible. Once you have sought help and are receiving treatment, you may feel in a more stable position to seek legal action. Our clinical negligence team is here to help.

If you are experiencing any of the symptoms of a psychological injury such as PTSD or postnatal depression it is important to seek help as soon as possible. The first port of call is usually to speak to your GP or midwife who can carry out an assessment and then refer you for any further assessments and treatment.

Depending on the type and severity of your psychological injury, you may be offered one, or a combination of, the following treatments:

• Cognitive Behavioural Therapy (CBT) – This type of therapy is often used for people suffering with PTSD as it helps to change the way you think and behave, and gives you the tools necessary to gain control of your fear and distress. The therapist will work with you to help you heal at your own pace.
• Counselling – Speaking to a professional counsellor can help you to work through your worries and fears and develop measures to allow you to gradually heal your psychological injury.
• Group Therapy – Some people may find it beneficial to attend group therapy sessions and hear about other’s experiences and how they are coping with and healing from their own psychological condition.
• Medication – Medicines known as selective serotonin reuptake inhibitors (SSRIs) are usually the most effective type for treating a psychological injury like PTSD, but they are only typically prescribed if you have chosen not to have therapy, or if therapy has been ineffective thus far.

Healing from a psychological injury is not a quick process, and it may take several months of regular therapy and counselling sessions before you begin to see any noticeable changes in your condition.

If you have suffered a serious psychological injury after experiencing birth trauma which was caused by somebody else’s negligence, you may be entitled to make a claim for compensation. Our specialist medical negligence solicitors can offer advice based on your individual circumstances, so please don’t hesitate to contact us and we’ll be happy to arrange a no obligation consultation.

In order for your claim to be successful, you must prove that you were owed a duty of care, which usually goes without saying when you’ve been in the care of a team of doctors and midwives. You must then be able to prove that it was more likely than not that the medical staff responsible for your care acted negligently and breached their duty of care to you, and that this breach in care caused physical or psychological harm.

When we present your case we will also need to present the relevant supporting evidence, which will include things like medical reports, post mortem results in cases of stillbirth or neonatal death, prescriptions for any antidepressant medication you have been given, as well as statements from anyone who witnessed the negligence occur. If you are unsure what will be required, please get in touch and we can guide you through the process.

It is possible to make a compensation claim for a psychological injury which has occurred as a result of witnessing trauma. In the case of birth trauma, the father or birth partner could also claim compensation if they have suffered from a psychological injury after directly witnessing the birth trauma endured by the mother and/or baby.

Parents and immediate family may also be able to claim compensation as secondary victims if the baby is born with a birth injury or disability such as cerebral palsy, brachial plexus injury, brain damage, or a condition such as Down’s Syndrome which wasn’t picked up in prenatal testing. Likewise if the baby is stillborn or dies shortly after birth due to negligent care, parents can suffer a psychological injury as secondary victims of the trauma.

If you’re unsure whether or not you’re entitled to make a claim, our clinical negligence solicitors will be more than happy to discuss your situation and offer advice, so please don’t hesitate to get in touch.