Midwife Negligence Compensation Claims Solicitors.

Every medical professional has a duty of care to their patients, and if the standard of care delivered falls below the expected level, leading to a physical or psychological injury to you and/or your baby, you may be able to claim compensation. In any medical negligence claim you must be able to prove that it is more likely than not that the care provided was negligent and that it caused or materially contributed to an injury or condition which you or your baby suffered.

Most women have their midwifery care provided by an NHS midwife and therefore any claim would be bought against the Trust who employed them. However, some women may choose to have private midwifery care, meaning that it can be possible to sue the midwife responsible, or the private healthcare provider that employed the midwife (if appropriate).

At Lanyon Bowdler, our team of medical negligence solicitors have a wealth of experience in handling claims just like yours, and we’re on hand to offer advice and help you to pursue legal action which will yield the best results for you and your family.

If the negligent actions of a midwife have caused you and/or your baby to suffer an injury and you wish to pursue legal action, it is vital that you gather as much information and evidence as possible to support your claim. For your claim to have the best chance of success, we need to be able to sufficiently prove that negligence occurred, and that the injury was a direct result of said negligence.

It can be helpful to write down a timeline of your experience in as much detail as possible. You may also have a copy of your “red” book which documents your pregnancy journey or access to your notes on the Badger app, which can also be helpful evidence. Most NHS hospitals also have a Patient Advice and Liaison Service (PALS) that may be able to offer assistance and advice.

It can take some time for legal proceedings to progress, so we strongly advise that you contact us as early as you feel able to get the ball rolling. Our clinical negligence solicitors are on hand to offer advice and guidance throughout the claims process.

From the very first midwife appointment you have in early pregnancy, right through until your baby is 28 days old, you will come into contact with a number of different midwives. Each of them has a duty of care to you and your baby, but a breach in that care at any point along the way could potentially lead to an injury for your baby.

The type of birth injuries that could result from midwife negligence include:

• Cerebral palsy – A condition caused by damage to the brain when it is starved of oxygen, which can occur when there is a failure or delayed intervention due to fetal distress, improper use of forceps, or once the baby is born if the midwife fails to notice the signs of jaundice, hypoglycaemia, or meningitis. Cerebral palsy is a lifelong condition affecting the individual’s muscle movement and coordination.
• Erb’s palsy – Also known as brachial plexus palsy, this condition is caused when the baby’s shoulders get stuck during childbirth, known as shoulder dystocia. The midwife may need to use excessive force to deliver the baby, which can cause trauma to the neck, damaging the brachial plexus nerves which run from the neck down the arm, resulting in impaired feeling and movement in the hands and arms. In some cases the baby will recover over time, but for some it is a lifelong disability.
• Hip dysplasia – Midwives should screen for congenital hip dysplasia at birth and the GP will check again at the six week check-up. Failure to diagnose hip dysplasia can lead to a delay in treatment, which can cause lifelong complications and the child may require ongoing additional care or invasive surgery to enable them to walk properly.
• Bell’s palsy – This is a condition caused by damage to the facial nerves, resulting in paralysis, and could be caused by an improperly-performed forceps delivery.
• Brain injuries – When a brain injury occurs at birth it is most often due to oxygen starvation, which can occur for a number of reasons. A baby could also sustain a brain injury as a complication of untreated jaundice, or physical trauma to the head. Brain injuries vary in their severity – some babies will go on to lead a relatively normal life with minimal care, whilst others will need 24/7 care for the rest of their lives. Sadly, some babies sustain catastrophic brain injuries which are incompatible with life.
• Bone fractures – The most common bone to sustain a fracture during childbirth is the clavicle (collarbone), but other bones can also be vulnerable to breakage too. Fractures and breakages can occur for a number of reasons, for example if labour is allowed to go on for too long with little progression, if excessive force is used during delivery, or if the baby is in breech position which was not previously identified by the midwife.

This list is by no means exhaustive, and if the level of care you have received from a midwife has led to your baby sustaining an injury, or being stillborn, contact us to find out how we can help you to get justice for your baby.

There are several different injuries that a mother could potentially sustain due to midwife negligence, including:

• Avoidable vaginal and perineal tears
• An incorrectly performed, or poorly sutured episiotomy
• Harm caused by undiagnosed or mismanaged preeclampsia or gestational diabetes
• Excessive postpartum haemorrhage
• Retained placenta, leading to infection
• Vaginal fistulas between the vagina and bladder, rectum, or colon
• Damage to the bladder and/or bowel due to mismanaged labour
• Deep vein thrombosis due to improper care after a c-section
• Psychological injuries such as PTSD due to a traumatic birth
• Delayed or failed detection of an ectopic pregnancy or miscarriage leading to complications

If you have sustained an injury during pregnancy, childbirth, or post-natally, and you feel that it is due to the negligent care provided by your midwife, you may have a case for claiming compensation. Speak to one of our knowledgeable and understanding medical negligence solicitors today to find out how we can help you and your family.

No amount of money can ever make up for the injuries you or your baby have suffered, or the loss of your baby. However, a compensation claim can provide the financial support to help you heal from your ordeal. The money awarded can help to pay for medical costs, alternative therapies, and ongoing care, as well as any loss of income and additional expenses incurred.

As well as the financial compensation awarded to you, a compensation claim can also help ensure accountability. A driver on many families is to ensure that the same thing does not happen again to another family.