Can you Sue the NHS for Birth Trauma?

Medical professionals have a duty of care to their patients. And for expectant mothers, ensuring a safe delivery is crucial. When doctors and midwives fail to provide adequate care and monitoring for a mother and child, it could lead to traumatic outcomes.

Utmost care must be taken for mother and baby to ensure that the birth process is free from trauma and to prevent avoidable injuries.

You are entitled to receive proper care during pregnancy and childbirth. Therefore, if you suffered pain, injury, trauma, birth complications or your child suffered avoidable birth defects, you may be able take legal action against the NHS.

At Medical Negligence Direct, our partnered birth injury claims solicitors have a wealth of experience having undertaken negligence claims for several clients winning deserved settlement payouts.

You can contact us today and if your free claims assessment is successful, we will connect you with an expert law firm to provide the legal support you need to ensure that you get justice for the harm done to you.

What is a Birth Trauma?

We can define birth trauma as any avoidable harm, injury or complications to the mother or child during childbirth. When this is caused by negligence from healthcare staff, then the victim may be able to make birth injury claims. There are different medical conditions that can arise as a result of a traumatic birth. We can divide them into two;

• Birth Trauma Effects On Child

• Birth Trauma Effects On Mother

Effects of Birth Trauma on the Child: During a traumatic birth, your child may suffer some conditions which may be lifelong. Some of these conditions may be so serious that the child may need lifelong care and support. Here are some conditions a baby may suffer after a traumatic delivery.

• Fracture to the clavicle or skull, bruising or even bleeding to the head due to wrong use of birth assisting tools

• Erb’s palsy

• Cerebral palsy

• Facial palsy or other facial injuries

• Brain damage as a result of lack of oxygen to the brain

Effects of Birth Trauma on the Mother: The mother may also suffer certain conditions if she has a traumatic childbirth. Some women have been known to suffer postpartum depression as a result of birth trauma. Listed below are conditions the mother may suffer;

• Rupture of the uterus

• Perineal tear (the tissue between the vagina and anus)

• Injuries to the bladder or urethra

• Pelvic organ prolapse

• Rupture of the placenta

• Long- or short-term bowel and bladder incontinence

• Anaemia due to high blood loss

Make A Claim

When can you make a claim for Birth Injury?

Some of the negligent actions that can lead to birth trauma, which may result in claims include:

• Failure to monitor child development in-utero and make adequate medical intervention where necessary

• Poor use of instruments such as forceps or ventouse during an assisted delivery

• Long and unprogressive labour

• Wrong choice of assisted delivery method

Reasons why you may sue the NHS for Birth Trauma

There are various reasons why you may take legal actions against the NHS for failing to care adequately for you and your child during childbirth.

Making a compensation claim for birth trauma is a way of getting compensated for the harm done to you and your child. The compensation you could get will ensure you and your child can live a comfortable life going forward. Compensation could also go towards any special care needs, equipment, therapy or other medical care.

When you make a compensation claim, it also gives the hospital the chance to look inwards, make necessary investigations and changes so that no one else has to suffer due to the same actions.

Been a victim of avoidable birth trauma? You may be eligible for birth injury claims.

What is the Time Limit for Birth Trauma Claims?

If you have experienced a traumatic birth, certain time limits for your specific claim that have to be adhered to.

These are:

• 3 years from the date you suffered harm due to negligence.

• 3 years from the date of knowledge – the moment you realised that the harm you suffered was as a result of medical negligence.

Exceptions to the above-stated include:

• The victim of negligence can start a claim for compensation when they turn 18. After this date, they will have only 3 years to make a claim.

• If the negligent act affects the victims ability to make a claim, they have a 3-year time limit after they regain their mental capacity to bring forward their claim. Also, a litigation friend can pursue a claim on behalf of a minor or someone who lacks mental capacity.

How Do I Prove my Claim?

You must have evidence to support your claim. Evidence required ranges from documents to show patient-doctor relationship, lab test results or witness statements.

We Can Help You

We understand how difficult a time it must be for you and your baby and we are here to help. Feel free to talk to us, discuss your concerns and challenges.

Fill out our FREE online form to see if you qualify for a free claim assessment. Alternatively, you can give us a call or request a call back.

We are a claims management company and receive payments from our partnered law firms for our service. If you qualify for a free claims assessment and that assessment is successful, you will be connected to an expert law firm to assist with your potential claim. Our service is completely free.