Maternal Psychological Injury.

Childbirth Psychological Injury Compensation Claims Solicitors.

Thanks to medical advancements in recent years, it is generally very safe to give birth in the UK.

However, occasionally mistakes can still occur, leading to devastating consequences for the mother and/or baby. If you have experienced a traumatic childbirth due to medical negligence, which has left you with a psychological injury, you may be entitled to claim compensation. Here at Lanyon Bowdler we understand that no amount of money can ever truly make up for what happened to you and your baby, but we are here to help you on your journey to recovery.

What is Birth Trauma?

Childbirth could be traumatic for the mother for a number of reasons, for example the need for birth intervention such as forceps, or an emergency caesarean section, the occurrence of extreme perineal tearing, or the occurrence of a stillbirth or neonatal death. The trauma experienced by the mother can be further exacerbated if medical negligence directly caused or contributed to the incident.

Most mothers will have discussed their birth plan with their midwife or obstetrician beforehand. However, it is rare that things go completely to plan, and some women can feel very unprepared for their childbirth experience to deviate from their expectations. This can leave mothers feeling vulnerable and helpless, and after birth they may experience shock, anxiety, or panic attacks.

There are a number of risk factors that can increase the likelihood of a mother experiencing birth trauma, including:

  • A difficult or complicated labour
  • A difference in childbirth expectations and experience
  • Labour intervention for example assisted delivery or emergency C-section
  • Birth injury to the mother and/or baby such as cerebral palsy or Erb’s palsy
  • The baby needing medical assistance after birth
  • The baby needing to spend time in neonatal intensive care
  • Premature birth, stillbirth, or neonatal death
  • A previous traumatic birth experience
  • Receiving inadequate care during or after birth
  • A predisposition to anxiety
  • Experiencing trauma previously, i.e. domestic violence or sexual abuse in childhood

If the treatment and care you received during your pregnancy, childbirth, or postnatally was negligent in any way, and it caused or contributed to you experiencing birth trauma or birth injuries, and a subsequent psychological injury, you may be entitled to compensation. Our specialist team of medical negligence solicitors have the knowledge and experience to handle your claim with empathy and dignity, ensuring you receive the maximum amount payable, and providing you with any additional assistance you need as you rebuild your life after your birth trauma.

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Our Maternal Pyschological Injury Claims Expertise

Lanyon Bowdler is a specialist firm with years of experience supporting parents through the legal process of making a compensation claim for maternity and pregnancy negligence. Contact us today.

Why choose Lanyon Bowdler?

Here at Lanyon Bowdler we pride ourselves on our holistic approach to medical negligence claims, offering a supportive and empathetic service dedicated to getting you the best results, whilst also providing the care and assistance you need on your road to recovery. We take the time to listen to your story and really get to know you and your family so that we are able to offer the level of care you need throughout the whole process.

We understand that funding a legal case can be difficult for some of our clients, which is why we’re able to offer flexible pricing such as ‘no win no fee’. If the cost of making a compensation claim is putting you off, please get in touch and we’ll do everything we can to help you access our services without putting undue financial strain on you and your family.

Your Maternity Psychological Injury questions answered

What is a psychological injury?

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.

What are the symptoms of a psychological injury?

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.

How is a maternal psychological injury treated?

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.

How can I claim for a maternal psychological injury?

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.

Can I claim psychological injury compensation as a secondary victim?

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.

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Over the last seven years I have been represented by Lanyon Bowdler in a clinical negligence case. Throughout this time, I put my complete trust in the firm and they did not let me down.

Darren
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My solicitor kept me informed on everything in the five years that it took to have a successful claim.

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Whenever I have had need to contact Lanyon Bowdler I have always received a fast, concise and friendly response.

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Definitely would use Lanyon Bowdler again if I need the use of a solicitor.

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Great Service; Lanyon Bowdler were excellent from the outset. Straightforward and easy process. I just sat back and waited.

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Our first experience with a medical claim has been made that much more painless by the clear and consistent advice provided to date, thank you.

Peter
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Everything has been professional, efficient and courteous throughout and we are very pleased, both with the service and with the eventual outcome of our case. Everything was first class and exceeded our expectations. Thank you again for providing such splendid service. It is really appreciated.

Mr N J & Dr S J Browne
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Time Limits on Making a Maternal Psychological Injury Claim and Funding Options

In general, the time limit for bringing a maternal psychological injury claim is three years from the date of the injury or the ‘date of knowledge’ of the injury (to cover situations where the impacts of an injury surface at a future time).

There are, however, a number of circumstances which may extend the period in which you are eligible to start a claim. We can discuss your options with you following an assessment of your case.

We can support your maternal psychological injury claim through a range of funding options, including our No Win No Fee Injury Claim promise, as well as through private funding, and legal expenses insurance. Our solicitors will consider whether we can handle your maternal psychological injury claim on a No Win No Fee basis at the point of an initial evaluation of the circumstance surrounding your injury.

Contact Lanyon Bowdler’s Maternal Injury Solicitors

At Lanyon Bowdler, we take pride in being a friendly and approachable law firm, so please get in touch if you have been affected by a maternity or pregnancy injury. Our team of specialist Maternal Injury Lawyers are part of our award-winning medical negligence team, we will be happy to talk you through the process of filing a compensation claim.

If you think you or a family member has been treated negligently by a hospital or medical staff during pregnancy or childbirth, which has resulted in injuries to the child or mother, then it is likely you are entitled to make a Medical Negligence Claim. Give us a call or complete our online enquiry form, to see how our team can help you get the justice and compensation you deserve. There is no obligation on you or any charges for our initial assessment.

By choosing Lanyon Bowdler for your Maternal Psychological Injury Claim, you can rest assured that you have the best legal expertise on your team. Lanyon Bowdler’s Medical Negligence team is widely acclaimed and recognised as one of the best clinical negligence departments in the country. We are committed to providing exceptional levels of client care and will work closely and considerately with you to help find the best outcomes and help to get your life back on track.

We have offices in Shrewsbury, Bromyard, Conwy, Hereford, Ludlow, Oswestry, and Telford, so are able to act for clients all over Shropshire, Herefordshire, Mid and North Wales and across the Midlands (including Wolverhampton & Birmingham). As a leading full-service law firm, we can represent you wherever you live in England or Wales.

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Meet the team.

Beth Heath
Beth Heath
Partner
Medical Negligence
Emma Broomfield
Emma Broomfield
Partner
Medical Negligence
Laura Weir
Laura Weir
Partner
Medical Negligence
Lucy Small
Lucy Small
Partner
Medical Negligence
Isabella Drummond
Isabella Drummond
Paralegal Apprentice
Personal Injury | Medical Negligence
Bryn Auger
Bryn Auger
Legal Support Assistant
Medical Negligence
Rebecca Asquith
Rebecca Asquith
Legal Support Assistant
Medical Negligence
Martin Hood
Martin Hood
Solicitor
Medical Negligence
Ola Muras
Ola Muras
Legal Support Assistant
Medical Negligence
Emma Farrington
Emma Farrington
Solicitor
Medical Negligence
Natasha Gibbons
Natasha Gibbons
Associate Solicitor
Medical Negligence
Georgia Bennett
Georgia Bennett
Legal Support Assistant
Medical Negligence
Amy Bills
Amy Bills
Solicitor
Medical Negligence
Sophie Bridges
Sophie Bridges
Solicitor
Medical Negligence
Nicole Smith
Nicole Smith
Legal Support Assistant
Medical Negligence
Cassie Stocker
Cassie Stocker
Legal Support Assistant
Medical Negligence
Kelly Reynolds
Kelly Reynolds
Trainee Solicitor
Medical Negligence
Sarah Martin
Sarah Martin
Costs Draftsman
Medical Negligence | Personal Injury
Andrew Morris
Andrew Morris
Trainee Costs Draftsman
Medical Negligence | Personal Injury
Adam Hodson
Adam Hodson
Associate Solicitor
Medical Negligence
David Hughes
David Hughes
Costs Manager
Medical Negligence | Personal Injury
Kate Ivey
Kate Ivey
Legal Assistant (ACILEX)
Medical Negligence
Alicia Johns
Alicia Johns
Chartered Legal Executive
Medical Negligence
Kay Kelly
Kay Kelly
Consultant
Medical Negligence
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Case studies.

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Lanyon Bowdler in the Media
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Inspirational Brain Injury Conference a Major Success

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Lanyon Bowdler Featured on the Shropshire Live Website • 21 Mar 2024
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Hydrotherapy at Home: Damages, Evidence & A Stag Do In Budapest! – Sophie Bridges and Martin Hood

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Maternity: Call for a Four-Nation Inquiry – Laura Weir and Kayleigh Griffiths MBE

During this episode Laura Weir is joined by Kayleigh Griffiths to discuss the need for safer maternity care in the UK....
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In August 2020 Lanyon Bowdler obtained a lump sum in damages and periodical payments for life to cover care and case man...
Beth Heath • 26 Feb 2024
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