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Fosters Solicitors

Maternal injuries and obstetric negligence – What you need to know

Understanding maternal injuries

Maternal injuries are physical or emotional damages that occur during pregnancy, labour, or delivery, often due to complications or errors in medical care. While many births happen without significant issues, some mothers experience injuries that could have been avoided with proper medical attention. When these injuries result from negligence, it is referred to as obstetric negligence.

Maternal injuries can lead to lifelong physical and emotional challenges for mothers and their families.

Common types of maternal injuries

Maternal injuries can vary in severity and impact. Some of the most common include:

  • Perineal tears: Severe tearing during delivery that could have been prevented with better care.
  • Uterine ruptures: A rare but life-threatening injury often associated with failed monitoring during labour.
  • Infections: Postnatal infections caused by poor hygiene or delayed diagnosis.
  • Haemorrhages: Excessive bleeding during or after childbirth due to failure to identify and treat complications promptly.
  • Emotional trauma: Psychological injuries caused by distressing birth experiences or medical negligence.

The role of obstetric negligence

Obstetric negligence occurs when healthcare professionals fail to provide the standard of care expected during pregnancy, labour, or postnatal care. Examples of obstetric negligence include:

  • Failing to monitor the mother’s vital signs or foetal health during labour, such as the CTG (cardiotocograph) trace.
  • Mismanagement of high-risk pregnancies.
  • Delayed responses to emergencies, such as obstructed or delayed labour.
  • Inadequate use of tools like forceps or ventouse (vacuum cup), causing harm.
  • Failure to provide appropriate postnatal care and monitoring.

When maternal injuries are a result of obstetric negligence, affected individuals have the right to seek legal redress to address the harm caused.

How to recognise obstetric negligence

Not all complications during childbirth are preventable, but negligence may be suspected when:

  • A healthcare professional fails to communicate risks or obtain informed consent.
  • Standard protocols for monitoring and intervention are not followed.
  • Unnecessary delays occur in addressing complications.
  • There is evidence of preventable errors in care or treatment.

Seeking an independent medical opinion can help determine whether negligence occurred and its impact on maternal injuries.

Steps to take after experiencing maternal injuries

If you believe your maternal injury resulted from obstetric negligence, here are the steps you can take:

  1. Document your experience: Keep detailed notes about your medical care, including timelines, symptoms, and any communications with healthcare professionals.
  2. Consult a specialist solicitor: Contact a legal expert in maternal injury claims to assess the viability of your case.
  3. Act within time limits: In the UK, you typically have three years from the date of injury or awareness of negligence to issue a claim.

Legal assistance can help navigate the complexities of obstetric negligence claims and provide the support needed to pursue justice and obtain appropriate compensation.

Compensation for maternal injuries

Compensation aims to address the physical, emotional, and financial consequences of maternal injuries. It can include:

  • Medical costs: Covering treatments, surgeries, or therapies needed for recovery.
  • Loss of earnings: Reimbursement for income lost due to prolonged recovery or inability to work.
  • Pain and suffering: Recognition of the emotional and physical distress caused by the injury.
  • Future care needs: Funds for ongoing medical or psychological care.

Each case is unique, and the amount of compensation depends on the severity of the injury and its impact on the individual’s life.

Seeking legal support

Maternal injury claims often require extensive evidence and independent expert opinion. Working with experienced solicitors can help claimants build a strong case and navigate the legal process. They can assist in gathering medical records, securing expert witnesses, and negotiating settlements or, if needs be, representing you in court.

For more information about support for maternal injury claims, visit Medical Negligence Solicitors or explore resources like the Birthrights website.

Specialist and experienced support

Our Medical Negligence Solicitors are experienced in supporting those with obstetric or birth injury negligence claims, which is where you, your partner or your child have suffered injuries during pregnancy or childbirth.

We very much appreciate the strength and courage it can take to revisit very personal and traumatic events and experiences, but we would like to reassure you we approach every conversation and case with the utmost sensitivity.

We want to work with you to achieve the best possible outcome for your claim. We understand you will want to know how we can assist, so we offer a free of charge no obligation first meeting or chat, which we follow up with a full letter of advice. If you are in any doubt as to whether you have a claim, please do contact us, again completely without obligation.

We are also able to discuss how you can cover the cost of a claim, including through a ‘no win no fee’ agreement.

 

This article was produced on the 21st January 2025 for information purposes only and should not be construed or relied upon as specific legal advice.

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