Birth Injury Claims - Mothers

Injuries can be caused by Negligent Medical Care

Our solicitors have helped many mothers obtain damages for the injuries they have suffered due to medical negligence when giving birth. Detailed below are some of the types of injuries mothers can face and details on how you can make a birth injury compensation claim.

Birth Injury - Mothers - Medical negligence claims advice

Types of Birth Injuries

Perineal tears

These can differ in level of severity and are categorised as either: 1st, 2nd, 3rd and 4th degree tears. 1st degree are often repaired by suturing and it is unlikely that long-term problems will occur. Third or 4th degree can extend to the anal sphincter, and are likely to need prompt diagnosis and specialist treatment to achieve the best outcome.

If the more serious perineal tears are not diagnosed and treated promptly or appropriately the symptoms can include high levels of pain, incontinence of flatus (wind) and solid stool and agonisingly painful sexual intercourse. For some women these symptoms can last for years.

It is important to note that this condition may occur naturally, as a consequence of childbirth, and not all tears (or treatment for them) will result in a birth injury compensation claim.

Retained products of conception

Mothers who have been unfortunate enough to suffer a miscarriage, could be at risk of retained products of conception. The condition often occurs when the placenta fails and the uterus contracts to expel the tissues, causing bleeding and pain. Sometimes, some tissues stay inside the uterus causing heavy bleeding and the risk of infection.

Nervous shock

Mothers can suffer from nervous shock which can arise following a traumatic birth. Symptoms can include: psychiatric damage (beyond grief or emotional distress) to a recognised mental illness, eg anxiety neurosis or reactive depression.

Case examples

Failure to suture properly causes unimaginable consequences

The lady was admitted to hospital for a caesarean section delivery. The consultant failed to suture her rectus sheath properly and following her discharge from hospital her abdomen burst open at home causing her intestines to fall out. She recovered damages as a result of medical negligence of £35,000.

New Mother receives compensation for needle blunder

Following the birth of her daughter, our client needed stitches. A medical negligence claim was brought against a hospital Trust after it was discovered that the needle used for the stitches had been left inside the mother. She received £3,000 in compensation for her ordeal.

Birth Injury Compensation Claims

Am I eligible for birth injury compensation?

In order for you to be eligible for a medical negligence birth injury compensation claim, a case has to be established. To do so, it must be shown that the standard of medical care fell below an acceptable level and that this directly caused your birth injury. Our experience enables us to investigate birth injury claims expeditiously with a clear focus on the central issues.

How long will it take?

Due to the complexity of birth injury compensation claims and the number of independent experts that have to be instructed as part of the process of investigating the claim, it may take some time for the case to be concluded.

Is there a time limit?

Claims on behalf of adults:

Birth injury compensation claims need to be brought within 3 years of the date of the substandard treatment or 3 years from the date when you realised you had a significant injury that resulted from substandard medical treatment.

Jurisdiction

Please note: If your complaint relates to a birth injury in a hospital in Scotland or Ireland this will fall outside of our jurisdiction and we advise you to contact a local solicitor, however if you now live in Scotland or Ireland and your complaint is regarding a hospital in England or Wales we will be more than happy to assist you. If you have considering making a complaint regarding medical treatment read our useful how to guide.

The Legal 500 - The Clients Guide to Law Firms

Legal 500 2016

"The ‘particularly diligent’ team at Simpson Millar LLP is led by Neil Fearn, who handles cerebral palsy and Erb’s palsy claims. The ‘very hardworking’ Lisa Swales was promoted to partner in 2015.

Simpson Millar LLP’s caseload includes spinal injury and Erb’s palsy claims. "

Make a birth injury compensation enquiry

Speak to our birth injury compensation solicitors today on freephone: 0808 129 3320 or send us an email using our online enquiry form and we will get in touch with you.


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Neil Fearn - Medical Negligence Solicitor - Leeds

Neil Fearn
Partner, Head of Medical Negligence

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