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During pregnancy and childbirth, either one can be at risk – mother or child. While some birth injuries to mother are clearly unavoidable as part of the birthing process – for instance, first-degree perineal tears – other forms of life-threatening injuries may stem from improper care and outright negligence.
Birth injuries to mothers can have very devastating psychological or physical, long term effects and should never be condoned. When injuries result from medical negligence by doctors or midwives during childbirth, it is not out of place that victims seek redress. This is their legal right! Whether it’s the NHS or private hospital, negligence is never acceptable.
Our medical negligence solicitors have represented many victims of birth injuries and are experts in bringing medical negligence claims as seen below.
- Perineal/Vaginal tear claims
- Postnatal depression (PND)
- Midwife Negligence claims
- Forceps delivery claims
- Obstetric claims
- Placenta abruption claims
- Stillbirth medical negligence claims
Claiming Compensation for birth injuries to mother
It is not uncommon for complications to arise during childbirth. When this happens urgent attention is demanded. However, failure of medical professionals to recognize and act quickly to recommend solutions to mitigate possible effects of childbirth risks or properly manage situations may lead to birth injuries to mothers that could have been prevented.
On some occasions, childbirth injuries to the mother may be a consequence of mistakes or errors made by doctors and midwives during labour and delivery. Again, an event that could have been avoided. Though some of these injuries pose little harm (for e.g vaginal tears) or threat to the overall well being of a mother, the effect of others (excessive bleeding or being starved of oxygen at birth) may be quite damaging and life-changing.
Besides birth injuries to mothers, women can be at risk of losing their lives during childbirth. A 2017 data shows that the Maternal mortality rate in the UK is estimated at around 7 deaths per 100,000 live births. Taking into account total yearly birth reveals the need for medical professionals to be more intentional about the quality of care provided to their patients.
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What are Birth Injuries to Mother Negligence Claims?
Birth injuries to mothers often involve physical trauma to a woman’s body during labour or delivery. One of the most common types of injuries is vaginal tears, otherwise known as (perineal laceration) which affects the tissues around the vagina. Generally, the degree of effect of birth injuries to mother is dependent on the severity of impact and some of the possible consequences include:
- Physical injuries which may affect the quality of life of mother after birth
- Psychological impact such as depression
- Inability to bond with your new baby
- Loss of finances as mother may be unable return to work
When birth injuries to mothers occur, victims usually seek to know what happened, why they are having to go through all that pain and suffering and most importantly what can be done to alleviate their suffering. This is why birth injuries to mother compensation claims exist.
If you or your loved one have suffered one form of childbirth injury or another, you might be eligible to make medical negligence claims against your doctor. Our medical negligence solicitors are available to assist you anytime. You can contact us today by completing our quick assessment form or call us on 0800 644 4240.
Causes of Birthing Injuries To Mother Negligence Claims
There are many reasons why claims for birth injuries to mothers are brought. Some of the common causes include:
- Incorrect Use of Forceps
- Negligent Episiotomy Leading to 2nd & 3rd Degree Perineal Tears
- Placental Abruption
- Negligence Stitching
If you are unsure about your case and would like to know if it is worth a claim, you can speak to one of our expert medical negligence solicitors and get a free no-obligation assessment today.
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Most Common Types of Birth Injuries To Mother Negligence Claims
There is a broad range of injuries that can be sustained by mothers during delivery. While some can easily be treated, other birth injuries to mothers can cause more serious injuries which have a lifelong impact. The most common birth injuries to mother that result from medical negligence include:
- Perineal tears during birth
- Surgical Instruments Left Inside Mother
- Psychological stress – Postnatal depression (PND) and Post-natal Traumatic Stress Disorder (PTSD)
- Post-partum Haemorrhage (PPH)
- A ruptured uterus or prolapsed uterus
Perineal tears during birth
Perineal tears are a natural part of the normal birthing process and cannot be avoided. However, some of these tears can be caused by the negligent use of equipment during labour. When Perineal Tears happen they should be treated quickly to avoid undue pain and suffering or potential complications like infections. Generally, vaginal tears are categorized as 1st Degree, 2nd Degree, 3rd and 4th Degree tears with increased severity of injury as the degree gets higher.
First Degree tears which are usually only skin deep, have the best chance of quick recovery. Second-degree tears are intermediary and usually require stitches and a few weeks to heal. Third and fourth-degree tears on the other hand are the most serious type of vaginal tear that results in the damage of the anal sphincter and muscles of the anus.
Surgical Instruments Left Inside Mother
These types of mistakes are usually classed as “Never Events”. Simply, an event that is non-excusable and should never happen. A Doctor or Midwife who has left a surgical instrument or any other foreign object inside the body of a mother during childbirth should be held accountable as he/she has acted negligently.
This category of birth injuries to mothers involves psychological trauma a mother may suffer during or after childbirth. Some of the most common examples being Postnatal depression (PND) and Post-natal Traumatic Stress Disorder (PTSD). Usually, negative experiences at any point before, during and after childbirth are the cause of such a mental breakdown.
It is expedient that medical professionals are observant of symptoms, which allow for the condition to be identified and treated early. Symptoms that may suggest psychological trauma includes:
- Reclusion or wanting to be alone
- difficulty bonding with the baby
- a sense of guilt and failure
Our birth injuries to mothers negligence compensation claims solicitors can help you if you feel you have suffered and psychological stress during childbirth. We advise that you seek advice as soon as possible as delays may result in you missing the chance to obtain justice and maximum compensation for your suffering.
Post-partum haemorrhage (PPH)
Blood loss is a normal occurrence after giving birth. Usually, a woman would bleed for about 2-6weeks after the child is born. Vaginal bleeding only becomes a cause for concern when a woman experiences abnormally heavy bleeding over a prolonged period, which may result in fatal conditions. There are two types of postpartum haemorrhage (PPH) namely; primary or immediate PPH and secondary or delayed PPH. The former involves heavy bleeding within 24hours of childbirth; the latter, which is more severe, involves heavy bleeding for weeks after the baby’s birth.
Your Midwife or Doctor as a trained professional owes you the duty of care to recognise situations where you may be at high risk of suffering a PPH and take necessary steps to reduce the chance of haemorrhage or treat it as quickly as possible.
You may be eligible to make birth injuries to mother medical negligence claims if you have suffered postpartum haemorrhage. Contact our medical negligence solicitors on 0800 644 4240 for further clarity.
A ruptured uterus or prolapsed uterus
Ruptured uterus and prolapsed uterus are some of the complications that may arise during pregnancy. Failure to diagnose and treat promptly can pose potential life-threatening conditions to both mother and the baby.
If you are concerned about the care you received and are convinced that the injuries you sustained during childbirth are as a result of negligence, we can help you.
Detailed Step by Step Process of making Birth injuries to mother claim
- Speak to our childbirth injury lawyer The first step is to contact one of our birth injury solicitors, who are experts in bringing birth injuries to mother compensation claims.
- Collate your evidenceWithout solid evidence to prove that you were indeed a victim of negligence, your chances of making birth injuries to mother claims are slim. In order to establish a solid case for your claim, our solicitors will require evidence of all events including receipts, detailed witness statements and any other supporting evidence.
- Funding optionOnce your case has been investigated and we find that it is worth a claim, you will be advised on the available funding options for your claim. Our solicitors will likely advise a No win No fee funding for your claim.
- Present Claim to the defendant Following the agreement on a funding option, your solicitor will issue a Letter of claim to the defendant, in which case your doctor, surgeon or midwife. The letter clearly states the issue with every piece of evidence backing up your claim.
- Negotiations and compensationOnce the defendant accepts liability for your injury, negotiations follow immediately and a worthy compensation
How can we help?
Our medical negligence solicitors will help you make a claim for birth injury to mother on a No win No fee basis. This takes away the burden of paying heavy legal charges before a case is won.
Our solicitors have decades of experience in these types of claims and are quite experts in the area. We will act on your behalf and will be with you every step of the way, to ensure that you get the justice you deserve. You will only be required to pay a fee after a successful claim. In the event that your claim is unsuccessful (which is most likely not), you will not have to pay us any fee.
Frequently Asked Question about Birth Injuries to Mother
Can I make a Claim for a Birth Injury During Labour?
Yes, If you have suffered common injury during pregnancy such as a nerve damage after forceps or baby’s head stuck in the pelvis and you believe that your condition was made worse due to negligence, you can make birth injury compensation claims.
We understand what obtaining justice would mean to you and your baby at this time and promise to be in your corner, providing you with all the support and professional advice you need during your claim.
What are the time limits for making Birth Injuries To Mother Negligence Claims?
As with other forms of medical negligence claims, time limits for making birth injuries claims for injuries sustained at childbirth is typically three years from the time you took note or identified the injury. This is why it is important to act fast when you have been a victim of a medical mistake.
This will give enough room for your case to be investigated before getting compensation.
How Much Compensation Will I Get for Birth Injuries to Mother claim?
The amount of compensation you can claim for a birth injury to mother case depends on the extent and severity of your injuries. The impact of birth injury differs from one victim to another. For example if you have suffered a psychological trauma that renders you incapable of performing at work, you may have to give up work as a result of your injury. In this case, the amount of compensation may be much larger than if you sustained an injury that can be easily remedied and did not lead to any form of financial loss.
Our solicitors can help you access your claim and give you an estimated worth of your claim using our birth injury compensation calculator. Fill our Free Case Assessment form and we will reach back to you.