Birth Injuries to Mother Compensation Claims
Medical negligence or mistakes during childbirth can lead to significant injuries sustained not only by the newborn baby, but by the mother. Birth trauma of this kind can have long-term consequences for mothers. If your birth injuries occurred in a situation that could have been avoided, you may be entitled to make a birth injury claim for compensation. This can assist with access to additional support or help cover losses sustained, such has having time off work.
At JMW, we have many years of experience acting on behalf of mothers who have experienced injuries during childbirth as a result of medical negligence. We understand that talking about such injuries can be very sensitive and emotional. Our birth injury negligence solicitors have a reputation for being approachable, and we will deal with your issues with the utmost understanding and care.
JMW's experienced medical negligence lawyers are experts in making birth injury claims, and we will fight to secure the maximum compensation for your physical and psychological injuries sustained during childbirth.
If you have suffered a birth injury caused by the medical negligence of an obstetrician, midwife or nurse, get in touch with JMW's birth injury solicitors today by calling 0345 872 6666, or complete an online enquiry form and we will get back to you. Our solicitors are able to take on cases on a no win, no fee basis.
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How JMW Can Help
The experts at JMW provide legal advice and representation to mothers who have been injured as a result of a mistake by a medical professional before, during or after birth. We are highly experienced in clinical negligence claims against both the NHS and private healthcare providers. While we work on behalf of clients who have suffered due to medical negligence of all types, we specialise in birth injuries sustained by mothers and babies during childbirth.
Examples of maternal injuries and procedures that occur during pregnancy and delivery that may cause longer-term issues for the mother after birth include:
- Vaginal tears
- Perineal tears
- Fissures
- Episiotomies
- Pre-eclampsia
- Infections
- Haemorrhages
- Caesareans
JMW's team has a strong track record of making successful birth injury claims on behalf of children and mothers alike. Our team is led by Eddie Jones, a nationally recognised birth injury claim specialist, and includes members of both the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel.
If you have experienced the consequences of negligent treatment, whether that means minor or severe birth injuries, we can help you to claim birth injury compensation, which can also prevent similar medical mistakes from happening in the future.
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The medical negligence solicitors at JMW are among the most respected in the UK thanks to their professional and proactive approach.
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Making a Maternal Birth Injury Claim
We understand that having a baby is an exciting time for an expectant mother and the whole family, and the last thing expected is any long-term negative outcomes. If you have concerns as to how your pregnancy and delivery were managed, and the impact of this, it is important to seek legal advice about whether the care you received was reasonable, and whether these outcomes should have been avoided.
If you have been affected by an injury during childbirth that should have been avoided, you are entitled to make a claim for compensation. The amount you receive in your claim will depend on the circumstances of your case, but typically we can secure compensation related to the following:
- Physical pain and suffering, including ongoing pain
- Impacts on function, including mobility and bladder, bowel and sexual function
- Psychological impact including the cost of therapy and impact on day to day life
- Ongoing treatment, therapy or surgery
- Additional care requirements
- Loss of earnings
In all birth injury cases, you must make a claim within three years of the negligent care you experienced. This is usually the date of the birth itself, or the date when the failings in care occurred. We would always recommend seeking legal advice well before this deadline as there is a lot of work to do before this time limit expires. Additionally, and very importantly, it is very helpful to be able to start a case when someone’s memory of events are still fresh, as this may be important evidence as to what happened.
FAQs on Birth Injury to Mother Compensation Claims
- What is the birth injury compensation claims process?
A clinical negligence claim starts with a free initial consultation with our specialist lawyers, who will discuss your situation with sensitivity and understanding. After we have heard your story, we can evaluate whether you are able to make a birth injury claim and advise on the first steps in a case.
If you decide to move ahead with making a claim, our birth injury solicitors will start to gather evidence to prove that the treatment you received was negligent and that it was responsible for your injuries. This will include medical records from when you gave birth and notes about any ongoing medical care, witness statements and expert opinions. Should the expert evidence be supportive in terms of criticising your care, we will then investigate the impact on you and the losses to be claimed. It is helpful to have receipts for any expenses related to your injury, to include in the case.
When you make a no win, no fee birth injury claim with JMW, there are no legal fees to pay at this stage. We offer our services under a conditional fee agreement, which means that you will only pay us out of your compensation if your claim is successful. We would explain the full nature of this agreement before this was put in place.
Once we have built a strong case and if we have supportive expert evidence, we will send a letter of claim to the defendant hospital trust or organisation/private healthcare provider, setting out the allegations in the case. They will have four months in which to investigate the allegations and provide their response. Depending on their response, we will then advise you as to the next steps in your case, whether we can seek to engage in settlement negotiations or commence the case in court. The court process takes some time, which is why we encourage settlement negotiations when possible, allowing the majority of cases to resolve without proceeding to trial. Throughout this process, we will review expert evidence to consider the defendant’s response and ensure the evidence remains supportive in the case.
For more information about what it takes to make a birth injury claim, read our guide to the medical negligence claims process.
- How is birth injury compensation calculated?
The level of compensation that you will receive is based on the nature of injury suffered and the impact of this. Your solicitor will build evidence to seek to secure the maximum amount of compensation that you are entitled to, and the amount awarded will depend on the severity of your injuries, the long-term impact on your life, and the losses sustained as a result.
The compensation you will receive is broken up into general and special damages; these are as follows:
- General damages are awarded for the physical and psychological harm caused by the childbirth injury. This includes:
- Pain and suffering experienced during and after the injury
- Loss of amenity, meaning the loss of ability to carry out day-to-day activities or enjoy life in the same way as before
- Psychological effects, such as trauma, anxiety, depression, or post traumatic stress disorder (PTSD)
Any diagnosed conditions that are linked to the negligent treatment you experienced will be considered when you claim compensation, including both physical and psychological childbirth injuries.
- Special damages cover financial losses and expenses incurred as a result of the injury. These are considered on an individual basis, looking at how you have been affected by the injury itself. You can claim compensation for:
- Loss of earnings, both current and future, for example if you are unable to return to work or have to reduce working hours after your maternity leave
- Cost of care, including help from family members or paid carers for child care, housework or personal care
- Medical expenses, such as therapy, counselling, physiotherapy, prescriptions and private medical care
- Travel costs for medical appointments and therapy
- Equipment or home adaptations like mobility aids or modified bathroom facilities if they are needed
- Future treatment costs, including those which continue in the long-term or are permanent, depending on the level of injury
We will instruct experts to assess and comment on long-term recommendations and associated costs. It is also helpful to retain receipts/invoices for any items purchased or therapy paid for, as well as details of time off work and changes in income as appropriate.
Talk To Us
To speak to a solicitor about making a claim for a maternal birth injury, get in touch with us by calling 0345 872 6666, or fill in our online enquiry form and we will get back to you. We will let you know whether we can take on your case on a no win, no fee basis.
