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Pregnancy & Gynaecology Injury Claims

Trustpilot

Services in: Pregnancy & Gynaecology Injury Claims

    • Birth Defect & Wrongful Birth Claims
    • Erb’s Palsy Compensation Claims
    • Failed Sterilisation Claims
    • Misdiagnosed Miscarriage Claims

During a pregnancy, we expect to receive the highest standard of medical care. Sadly, not every pregnancy goes smoothly and if it’s mishandled by the doctor, gynaecologist or midwife, the consequences can be life-changing.

We understand the emotional and physical impact that this can have on you and your loved ones. We’ve helped people in a range of cases including:

  • Failed sterilisation
  • Birth defects and wrongful birth
  • Misdiagnosed miscarriage
  • Erb's palsy
  • Fertility/IVF negligence
  • Cerebral palsy
  • Birth injury
  • Stillbirth and neonatal death

We can also help if you have sustained an injury following treatment by Mr Arun, a consultant uro-gynaecologist who worked at City Hospital in Birmingham and is currently under scrutiny following concerns over patient safety.

If you or your child received negligent medical care and suffered an injury, our specialist team of medical negligence lawyers will fight for the compensation you deserve. Most of our cases are funded on a No Win No Fee basis* – we can help you gain the financial and emotional support you need to cope with whatever the future may bring.

For a free initial consultation about making a pregnancy or gynaecology claim, call us today on 0800 121 6567 or contact us online and we'll get back to you as soon as possible.

We can help you access bereavement counselling
Links with support groups and charities
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Specialist medical negligence lawyers

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Rachelle Mahapatra
Rachelle Mahapatra Partner Meet the team

Pregnancy & Gynaecology Claims - More Information

After you’ve contacted us, we’ll set up a free initial consultation to discuss your case and whether you have a legal claim. We’ll discuss what funding options are available to you to pay for your claim, including No Win No Fee agreements*.

We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept the blame for your injuries. If they accept responsibility, we’ll try to secure interim compensation payments which can fund private medical care and ongoing expenses, before your claim fully settles. Any interim payments will be taken out of your final compensation award.

Our experts will look into your case in detail, gathering evidence from independent medical professionals. These experts evaluate what care you should have received and can determine any future implications to your health. They’ll also advise us on the care you’ll need in the future.

We’ll always try and negotiate claims out of court, keeping the claim process as short as we can. However, if your opponent doesn’t accept responsibility or doesn’t agree with the amount of compensation we feel you need, we’ll start court proceedings.

Even when trial dates have been set, claims are still often settled before reaching court. If your claim does need to go to court, we’ll be there to help you every step of the way, talking you through what will happen so you feel as comfortable as possible.

In most clinical negligence cases, there’s a time limit of three years from when you suffered an injury because of medical errors, or the date you first became aware that your injuries were due to medical negligence. In cases involving children, you can claim at any time up until the child is 21 – the three year time limit begins on their 18th birthday.

However, in the vast majority of cerebral palsy cases there is no time limit where the client has a profound mental disability. This means that even if you didn’t seek legal advice during their childhood, you can still claim compensation on behalf of a loved one with cerebral palsy as an adult.

Many of our cases are funded with a No Win No Fee agreement. This means that there’s no financial risk* to you when making a compensation claim.

At the start of your case we’ll discuss funding options with you, advising you which we think is most suitable. If you have legal expenses insurance (LEI) or are covered by a trade union policy, these may be best for you. Legal expenses insurance is included in many household insurance policies, so it’s always worth checking whether you’re already covered.

If we think you’re best supported by a No Win No Fee agreement, we’ll explain the process clearly. This involves setting up an insurance policy that will protect you, at no cost to you. You’ll only have to pay anything when your claim is successful – your opponent will pay most of our fees.

Please visit our No Win No Fee page for more information on how it works.

In most cases, where we are able to accept instructions, we are able to offer our clients a no win no fee agreement with delegated ATE Insurance.

This insurance policy fully protects you if your claim is unsuccessful. It also means that you can claim compensation without paying a penny upfront. You only ever pay anything if your no win no fee claim is successful, and even then, your opponent will pay most of your legal costs.

Any remaining costs are deducted from your compensation settlement. We’ll advise you of this in advance, so there won’t be any surprises.

As we can offer our clients this method of funding, we aren't able to offer clients the option of legal aid.

Our clinical negligence solicitors have many years of experience in pregnancy, birth and gynaecology claims, and are rated as among the very best in the country by independent legal guides like Chambers & Partners and the Legal 500. Chambers & Partners says of our team: “They are forensic and analytical as well as campaigning and careful. All of the lawyers work tirelessly for the smaller cases as well as the bigger cases.”

mental health worker chatting with client

They were always there to answer my questions and queries when I was at my most vulnerable and they persevered to obtain the best possible result."

Lisa, client

Client Story ‐ Lucy & Millie

Hospital

When Lucy began haemorrhaging after giving birth to her daughter Millie on New Years' Eve in 2013, the actions of the medical staff on duty would have devastating consequences on the rest of her life.

She was rushed to surgery and given a spinal anaesthetic, which sent her into cardiac arrest. She fell into a coma and when she woke up in almost a month later, she had lost most of her speech and movement.

Lucy now requires round the clock care and, though she sees Millie every day, she will never be able to care for her independently.

Our investigations found that the lack of senior staff available at the time of Lucy's haemorrhage led to a number of critical errors being made – including moving her to surgery and, crucially, giving her the spinal anaesthetic that would cause her to suffer a cardiac arrest and starve her brain of oxygen.

We helped Lucy's family secure a substantial settlement that will ensure Lucy has the care and support she needs throughout her life, and to get the right equipment and adaptations to the family home in order for her to be able to live with them full time.

Post-partum haemorrhage

"We believe if maternity staff had more support and better training in crisis situations they would be better placed to react and provide the best possible care. More needs to be done in improving services so no one else has to go through the same horrific ordeal and is left in the impossible situation we now face.” - Bev, client's mum

Rachelle Mahapatra

“Through our work we continue to see mothers and babies suffering unnecessary injuries as a result of a lack of resource or insufficient experience and training. Lessons must be learnt from any failings identified in individual cases and shared throughout the NHS to ensure patient safety is improved and the same mistakes are not repeated.”- Rachelle Mahapatra, Partner

Read More Client Stories

Frequently Asked Questions

What Kinds Of Pregnancy And Gynaecology Claims Are There?

Our medical negligence lawyers have helped hundreds of women with pregnancy, birth injury and gynaecology claims. You can rest assured that we’ll draw on this experience with your case, helping make sure that the same medical mistakes aren’t made again and securing justice for you.

Some of the pregnancy-related cases we commonly see involve:

  • Cerebral palsy
  • Erb’s palsy caused by the baby’s shoulder getting stuck during birth
  • Failures to properly treat tears caused during childbirth
  • Failures to treat infection during or after pregnancy, with injury to either the mother or child
  • Group B streptococcus
  • Misdiagnosed miscarriage
  • Stillbirth or neonatal death
  • The mother’s death during childbirth
  • Wrongful birth for failure to detect abnormalities on antenatal tests during pregnancy

We’ve also helped many women with gynaecological claims relating to:

  • Abortion
  • Damage during hysterectomy
  • Dilatation and curettage (D&C)
  • Failed contraception and problems with implants
  • Fitting of the coil contraceptive device
  • IVF errors
  • Laparoscopic sterilisation
  • Misdiagnosis of cervical or other gynaecological cancers
  • Pelvic floor repairs
  • Swabs or instruments being left inside the patient
  • Total abdominal hysterectomy

Whatever the nature of your case, our experience in medical negligence means that we have the sensitivity and dedication needed to fight for your claim.

What Constitutes Negligence In A Pregnancy Or Birth Injury Claim?

During pregnancy and birth, it’s crucial that hospital staff recognise and act on any sign that the mother or child is in danger as quickly as possible – failure to do this may well be negligent. For example, the failure to recognise a medical emergency like a placental abruption could have tragic consequences for the mother.

Key areas in which mistakes are made include:

  • Antenatal errors - Despite highly advanced scans, medical professionals can miss serious problems or, very rarely, misdiagnose problems with a healthy unborn baby. Errors made at this stage can have huge consequences including misdiagnosed miscarriage, major unexpected conditions for the baby and even stillbirth.
  • Errors during birth - Damage from medical instruments, anaesthetics or inadequate suturing can affect the health of both mother and baby. For the mother, negligence can cause serious gynaecological injuries. Meanwhile, for the child potential injuries include cerebral palsy, brachial palsy (Erb's Palsy), brain injury, facial paralysis, spinal injuries, fractured bones and perinatal asphyxia.

Doctors must be able to spot any abnormalities on antenatal tests during pregnancy – if they fail to do this and the mother isn’t given a chance to terminate the pregnancy, it’s known as a wrongful birth claim.

Medical staff should diagnose the severity of any maternal tears caused during childbirth and arrange surgery by a trained specialist if necessary. If this doesn’t happen and the injuries go untreated, it’s likely that there’s a claim for negligence.

We also represent families who have been affected by Erb’s palsy due to shoulder dystocia, which is where the baby’s shoulder gets stuck during birth. In these cases, doctors should identify the dystocia quickly and follow the right procedure to help release the shoulder and deliver the child. But if too much force is applied or the correct positions aren’t adopted, the baby could suffer Erb’s palsy.

What Constitutes Negligence In A Gynaecology Claim?

Our medical negligence solicitors have considerable experience helping women with gynaecology claims. We’re skilled at investigating incidents, working out who was to blame and getting justice for our clients.

Medical professionals must be able to recognise the early warning signs for cervical or gynaecological cancer. Negligence could involve failing to:

  • Notice abnormal cells on a cervical smear slide
  • Catch and treat dyskariosis before it becomes cervical cancer
  • Respond quickly to symptoms such as inter-menstrual and post-coital bleeding
  • Refer patients for smear tests or treatment of the disease

Other examples of negligent gynaecological treatment include:

  • The wrong embryos being destroyed or given to the wrong patient during IVF treatment
  • Surgeons failing to notice injury to the bowel or bladder during hysterectomy surgery to remove the womb
  • Leaving a swab or instrument behind following caesarean section – known as a ‘never event’

Our solicitors are highly skilled at investigating gynaecology errors of different kinds: we know exactly how to pinpoint who was responsible for your injuries and we’ll battle for your best interests.

Read More FAQs

Related Information - Pregnancy & Gynaecology Claims

Putting You & Your Family First - getting you the care you need
Rehabilitation - we can help you access rehabilitation perfectly suited to your needs
Court Of Protection - our Court of Protection team can help look after what matters most to you
Client Stories - read more about some of the people we've helped

All Scottish cases will be handled by the Scottish law firm with which we are associated, Irwin Mitchell Scotland LLP. The law relating to funding is different in Scotland and you will receive separate advice about what that means as well as a separate funding agreement.

* To make a No Win No Fee claim, you need to enter a No Win No Fee agreement that's linked to a suitable insurance policy. We'll explain this in more detail before we start your claim.

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