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.
Types of Birth Injuries
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.
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.
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
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
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
complaint regarding medical treatment read our useful how to guide.
Simpson Millar LLP provides 'accurate, perceptive and intelligent' advice.
Legal 500 2012
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.