Pregnancy Negligence Claims

If you or your child have experienced an injury caused by mistakes or negligent treatment by medical professionals during pregnancy, you may be entitled to claim compensation. Our expert medical negligence solicitors have helped many families bring pregnancy negligence claims and will work with you and support you to secure the best outcome, at what can be an extremely difficult time.

We understand that starting negligence compensation claim may feel overwhelming. However, taking this step can provide financial support to help you and your family move forward after negligent care. Our specialist team has years of experience handling maternity negligence cases involving conditions such as pre-eclampsia, HELLP syndrome, ruptured placenta, and misdiagnosis of serious health problems.

We always act efficiently and sympathetically to make the legal process as clear and stress-free as possible. For a free, no-obligation discussion with a member of our clinical negligence team, call us today on 0345 872 6666, or completee our online enquiry form and we will be in touch at a time that suits you.

How JMW Can Help

When negligence occurs during pregnancy or birth, the consequences can have long-lasting effects on the individual and their families. At JMW, we understand the impact caused when medical professionals fail to deliver the right level of care, and our specialist medical negligence solicitors will support you every step of the way.

We will help you to make a pregnancy or maternity negligence compensation claim efficiently and sensitively. Whether your midwife or doctor failed to provide correct treatment, missed crucial symptoms of a serious condition, or provided negligent care that led to serious injuries, our team is here to ensure you and your family get the outcome you deserve.

We can assist you in claiming compensation to cover damages for the pain and suffering, and in addition, any specific costs resulting from negligence, such as loss of earnings, expenses or treatment including surrogacy arrangements. We always aim to secure the financial support necessary for you and your family to move forward with confidence.

Our team includes members of the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel. With extensive experience handling maternity negligence cases, JMW provides:

• A free initial assessment to discuss your claim and provide an assessment on prospects of success
• Representation on a no win, no fee basis, ensuring you face no financial risk.
• Guidance through the legal process, including obtaining relevant medical records and independent medical assessments.

By choosing JMW, you can expect expert advice tailored specifically to your family's needs, always delivered with compassion and clarity.

If you are looking for more information about related issues, you may find our other pages helpful. Read about bringing a birth injury claim, making a claim for injury to the mother during childbirth, or understanding your options after negligence by a midwife.

What Is Pregnancy Negligence?

Pregnancy negligence occurs when medical professionals fail to provide the proper standard of care during pregnancy, causing injury or harm to the mother, baby, or both. All healthcare providers, including midwives, obstetricians, sonographers and GPs, have a duty to offer a safe level of maternity care. When medical errors or negligent treatment occur, the consequences can be serious, potentially resulting in severe injuries or long-term health problems.

Common examples of pregnancy negligence include:

• Misdiagnosis or delayed diagnosis of serious pregnancy conditions such as pre-eclampsia, HELLP syndrome or gestational diabetes
• Failures in monitoring mother and baby during pregnancy, leading to missed opportunities for timely medical intervention
• Errors in interpreting scans and tests, resulting in injuries to the mother or baby during birth, or wrongful birth claims due to undetected abnormalities
• Incorrect advice or treatment causing an unwanted pregnancy or complications during delivery
• Failing to plan appropriately for a large baby, which can result in traumatic birth injuries or cerebral palsy

If pregnancy negligence has affected your family, it may be possible to make a clinical negligence claim to secure financial compensation for the harm you've endured. This can cover medical bills, ongoing medical treatment, and additional support needs resulting from the negligence.

What Are the Potential Consequences of Pregnancy Negligence?

When medical professionals fail to provide safe and appropriate maternity care, the consequences can be severe for both the mother and baby. Pregnancy negligence can lead to physical injuries, emotional trauma and, in some cases, lifelong health problems that affect every part of family life.

Conditions often linked to antenatal negligence claims include:

• Abnormal pregnancy, such as ectopic pregnancy or molar pregnancy, where delays in diagnosis and treatment can put the mother’s health at serious risk and even be life-threatening
• Pre-eclampsia, a condition that causes dangerous high blood pressure and can lead to seizures, stroke, or organ damage if not identified and managed in time
• HELLP (haemolysis, elevated liver enzymes and low platelets) syndrome, a rare but severe complication that requires urgent treatment to protect the mother’s life and reduce the risk of harm to the baby
• Ruptured placenta, which can lead to heavy bleeding, loss of oxygen supply to the baby, and emergency delivery to prevent serious injury
• Unwanted pregnancy, which may occur if sterilisation fails or contraceptive advice is given negligently, leaving families facing unexpected challenges
• Misdiagnosis of a large baby, sometimes resulting in traumatic birth injuries or the need for an emergency caesarean section if the risks are not properly planned for in advance

Other potential problems that can arise when mistakes are made during pregnancy include:

• Misdiagnosis of health problems, leading to delays in treatment that can worsen the mother’s condition or put her life at risk
• Failure to diagnose health problems with the foetus, meaning parents are not prepared for serious conditions or disabilities that need early intervention and specialist care
• Injuries to the mother, including severe bleeding, infection or lasting damage to reproductive organs
• Injuries to the child, such as brain injury or cerebral palsy caused by a lack of oxygen during birth, which may require lifelong care and specialist support

If you or your child have experienced any of these outcomes because of negligent treatment, you may be able to bring a maternity negligence compensation claim. A successful claim can help cover medical costs, provide financial security for your family and give you the resources you need to plan for the future with confidence.

What Health Checks Are Carried Out During Pregnancy?

During pregnancy, expectant mothers should be offered a series of health checks to monitor their own wellbeing and the development of their baby. These routine assessments help medical professionals identify any problems early so that the right treatment can be given without delay.

Ultrasound scans play a vital role in antenatal care and are used to:

• Detect structural abnormalities or developmental issues with the baby.
• Confirm the position of the baby in the womb, which can affect decisions about delivery.
• Check that the baby is growing as expected and that there is enough amniotic fluid.

Hospitals should offer at least two ultrasound scans during pregnancy - a 12-week dating scan (usually offered between 11 and 14 weeks) and a 20-week anomaly scan (usually between 18 and 21 weeks). The dating scan is to:

• Estimate a due date
• Check and assess growth
• Confirm the heartbeat and general wellbeing

The anomaly scan looks more specifically at:

• The placenta
• The amount of amniotic fluid
• The baby’s organs and bones to check for any problems

In some pregnancies, additional scans are arranged if there are concerns about the baby’s growth or the mother’s health.

If you were not offered these scans, or if mistakes were made when interpreting the results (such as doctors failing to identify a serious condition), you may be entitled to bring a maternity negligence claim. Early detection can be critical in preventing injuries to the mother and baby, and negligent care at this stage can sometimes lead to avoidable harm.

Alongside scans, other antenatal tests and checks should be carried out at regular intervals to safeguard your health. These include:

• Urine tests, to screen for infections, protein (which can be a sign of pre-eclampsia) and other concerns.
• Blood pressure monitoring, to detect conditions such as pre-eclampsia, which can lead to severe complications if not treated promptly.
• Blood tests, to check for anaemia, infections and blood group compatibility.
• Weight and height measurements, which can help assess risk factors and plan appropriate care.

These checks are part of standard maternity care and should be carried out consistently. If medical professionals fail to carry out appropriate monitoring, misinterpret results or do not act on abnormal findings, it can lead to serious health problems for both the mother and baby.

How to Bring a Maternity Negligence Claim

If you believe that mistakes or negligent care during pregnancy caused harm to you or your child, you may be entitled to make a maternity negligence claim. Whilst taking legal action can feel daunting, our medical negligence solicitors will guide you through every stage of the process with clarity and compassion.

The first step is to contact our specialist team for a free initial assessment. We will listen carefully to your experience and help you understand whether you have grounds to claim compensation. Our team will then begin gathering evidence, including your relevant medical records, independent medical assessments and witness statements where needed, to build a clear picture of what happened and how it has affected your life.

Most maternity negligence claims follow this process:

1. Initial assessment and advice: Reviewing your circumstances and explaining your options in plain language.
2. Investigating your claim: Obtaining your medical records and arranging for independent experts to assess whether negligent treatment occurred.
3. Valuing your claim: Calculating the compensation you may be entitled to, taking into account medical costs, ongoing care, lost earnings and the impact on your family life.
4. Contacting the healthcare provider: Writing to the NHS trust or private healthcare provider involved, setting out the details of your claim.
5. Negotiation and settlement: Negotiating on your behalf to secure a fair settlement wherever possible, allowing us to avoid court proceedings.
6. Court proceedings (if needed): If a resolution cannot be reached, we will represent you in court to seek the compensation you deserve.

Claims for medical negligence are usually funded on a no win no fee basis, so you will not face financial risk if your claim is not successful. In some cases, legal aid funding may also be available, depending on your circumstances.

You usually have three years from the date you became aware that negligence occurred to start a claim, though exceptions may apply for children or people without mental capacity, known in the law as “protected parties”. If you are considering making a claim, contact us as soon as possible to protect your right to compensation and access the support you and your family need.

Take a look at our guide to the medical negligence claims process to learn more.