Midwife Negligence Claims
If you or your baby have suffered illness or injury due to errors that were made by a midwife, you may be entitled to compensation.
Midwifery negligence can lead to serious and lasting harm to both the mother and baby that might extend throughout the child's life. Claiming compensation can help you maximise your recovery, and provide any medical treatment or care you or your child may need moving forward.
At JMW, our experienced solicitors will guide you throughout the legal process, handling your case with the delicacy and sensitivity it deserves. We are highly experienced in helping people through what can be a particularly challenging time - and we are here to help you too.
Speak to a member of the team today by calling us on 0345 872 6666 or complete our online enquiry form and we will call you back at a convenient time to discuss your situation. We are able to take on cases on a no win, no fee basis.
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What Our Clients Say
How JMW Can Help
Childbirth can be an apprehensive time, but the majority of pregnancies pass without complication due to the good level of midwifery care and support in the antenatal and perinatal stage. Sadly, however, negligent care can occur. If you or your child have suffered injury or harm and you believe this is due to a mistake on the part of a midwife or midwifery team, you may be entitled to make a negligence claim.
The clinical negligence team at JMW is among the highest-regarded in England and Wales. We are known for our professional, empathetic and proactive approach, in order to get the best result for our clients.
We offer a high level of expertise in investigating and settling cases where there has been negligent treatment by a midwife or midwifery team. Our team, which is headed by leading solicitor Eddie Jones, includes members of the Law Society’s specialist panel for clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel. We will always ensure your claim is as stress-free as possible.
Meet Our Team of Medical Negligence Experts
The medical negligence solicitors at JMW are among the most respected in the UK thanks to their professional and proactive approach.
Case studies
Midwife fails to test jaundiced baby causing significant brain damage
Ted was born a week before his due date in a good condition and his mother Kath’s plan was to breastfeed exclusively. Two days after Ted’s birth he and Kath were discharged home and by this time Kath noticed Ted was slightly jaundiced.
Death Due to Brain Damage at Birth
Claire had a normal pregnancy until 37 weeks when it was noted that she had raised blood pressure and a trace of protein in her urine. When Claire was 4 days overdue, she was seen by a midwife at home who noted that her blood pressure was still high.
Case Study: Cerebral Palsy Caused by Poor Jaundice Care - £4.5 Million
Making a Claim for Midwife Negligence
Midwives provide a very important role during pregnancy and labour and in the majority of cases, a high level of care is provided. However, mistakes can be made that can have extremely serious consequences. A midwifery error can have long-lasting effects for both mother and baby and can change their lives forever.
Claiming compensation represents a way for those affected by the incident to put their lives back together and move forward from a traumatic incident.
The reasons why mistakes are made by midwives vary. They can often be down to an individual midwife, or could be due to systemic problems like medical staff struggling to look after high numbers of patients. Regardless of the reason, we will investigate the case in detail.
FAQs about midwife negligence
- What types of birth injury can be caused by a midwife’s negligence?
Examples of birth injuries that can result from midwife negligence include:
This is an extremely serious condition that has a number of causes. One of those may well be a period of hypoxia (deprivation of oxygen) during birth and can occur when the baby remains in the birth canal for too long. The degree and effect of cerebral palsy varies, but can result in profound disabilities, and those affected will likely require intense levels of care and support throughout their lives, together with adapted accommodation and specialist equipment.
Erb's palsy (Brachial plexus injury/shoulder dystocia)
Shoulder dystocia is also referred to as 'stuck shoulders' and can occur if the head of the baby is delivered but the shoulders are too large to easily pass, impacting the mother's pelvis. This can lead to the baby suffering a neck injury that can cause damage to the nerves controlling the shoulder, arm or hand muscles. Shoulder dystocia is not always preventable, but it should be identified in labour and action taken to ensure injury is avoided where possible.
Congenital hip dysplasia is a condition of the hip joint, which is frequently identified in the early neonatal period (first six months). If an early diagnosis is made, the severity of any long-term implications can be considerably reduced or avoided. Midwives are frequently involved in the screening for this condition.
These are just a few examples of the injuries that can be caused by any negligence on the part of a midwife. Other examples include:
- Brain injuries
- Ectopic pregnancy
- Fractured or broken bones
- Kernicterus
- Birth defects
- Injuries to the mother
Given the seriousness of these injuries, compensation can frequently help to manage the long-term consequences of these conditions.
- How much compensation can you receive in midwife negligence cases?
Compensation in a midwifery negligence claim is tailored to the specific harm you experienced and the impact it has had on the mother and/or baby, which means that every claim is different. Our solicitors understand the long-lasting effects that poor quality treatment can have and will work to secure the maximum possible compensation for you.
An award of damages is broken down into two elements: general damages for pain, suffering and loss of amenity, and special damages for any specific financial losses related to the negligent care you received. General damages are tied to any injuries sustained, including both physical and psychological and are calculated by reference to the Judicial College Guidelines and in addition by looking at previous judicial decisions or settlements.
Special damages cover financial losses already incurred or expected in future. These typically include the cost of medical treatment (such as surgery, therapy or private care), lost earnings (including loss of future earning capacity), travel expenses related to treatment, specialist equipment, home adaptations, and care or assistance provided by professionals or family members. Each item claimed should ideally be supported by documentary evidence, such as wage slips, receipts or records of the expenditure, or by expert medical reports (that we will commission as part of the case.
- Can I make a no win, no fee claim for midwifery negligence?
In most cases, we will accept a case for a midwife’s negligence on the basis of a no win, no fee agreement. Your case may qualify for public funding through the Legal Aid Agency. When we discuss your case with you, we will assess all funding options and advise you which is best suited to you and the claim.
A no win, no fee agreement is also known as a Conditional Fee Agreement (CFA) and means that you do not have to pay our fees if the case is unsuccessful. Any expert’s fees will be covered by a policy of insurance we can take out on your behalf, the premium for which is self-insured. Therefore, there is no financial risk to you.
Talk To Us
Contact JMW's medical negligence solicitors today for advice if you or a loved one have been impacted by the negligent actions of a midwife or midwifery team. We can help you claim the compensation you deserve. Contact us by calling 0345 872 6666, or complete our online enquiry form and we will be in touch at a time that is convenient for you.
