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Birth Injury Claims

Birth Injury To Mother Claims

Injuries that happen during childbirth can leave you with physical and psychological trauma that can last a lifetime. Every mother is entitled to a good quality of antenatal care and your midwife, nurse or doctor should detect any signs which could lead to a birth injury.

Maternal injuries can happen naturally but, unfortunately, medical professionals don’t always take the precautions needed to reduce your risk of injury.

Our solicitors have handled thousands of birth injury claims and could help you if the person or organisation treating you didn’t:

  • Recognise potential risks of injury during antenatal examinations
  • Provide a caesarean section or episiotomy in suitable scenarios
  • Give you adequate treatment after suffering a birth injury.

Most of the claims we handle are on a No Win No Fee basis which means that you won't pay anything if your claim is unsuccessful*.

We have the largest medical negligence team in the country with lawyers who specialise in birth injury claims. If you make a compensation claim with us you can be assured that you’re being represented by experienced experts with a proven track record.

If you’d like to make a birth injury claim or find out more about what we can do for you, call us on 0800 121 6567 or contact us online.

Largest medical negligence team in the country
No Win, No Fee*
Experts in accessing rehabilitation and support
Solicitors with in-depth medical knowledge

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Birth Injury To Mother Claims - More Information
    • What Will Happen When I Make A Claim?
    • When you contact us we’ll set up a free initial consultation to talk about your birth injury and see if you could claim. We’ll also talk about ways to pay for your claim, such as No Win No Fee*.

      We’ll then get in touch with those responsible for your negligent treatment at an early stage to see if they accept blame for your injuries or illness. If they accept responsibility, we’ll try to secure interim compensation payments which can help you pay for private medical care and living expenses before your final settlement. Any interim payments will be taken out of your 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.

    • How Long Do I Have To Make A Claim?
    • You’ll usually have to claim within three years of the date of your birth injury (including antenatal and during the birth) or from the time you found out that negligent treatment caused your injuries.

      We urge you to contact us as soon as possible so that we can start looking at the evidence and building your case straight away. If you have any concerns about the time limits for claiming compensation, we’ll be able to talk through your options in a free initial consultation.

    • Can I Make A No Win No Fee Claim?
    • We make many of our birth injury claims using No Win No Fee agreements. 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.

    • Can You Provide Help With Rehabilitation?
    • Our work doesn’t stop at securing compensation. We’ll also help you get the support you need to make the best recovery possible.

      Our Client Liaison Managers can put you in touch with midwives, health visitors, GPs and counsellors to help your rehabilitation.

      As you might need support while your claim is ongoing, we can sometimes help you get early compensation payments which can help pay for care costs before your claim fully settles. This money will be taken out of your final compensation award and can only be secured if responsibility for your injuries has been accepted by the other party.

    • Meet The Team
    • Our medical negligence solicitors have many years of experience in maternal birth injury claims, and are rated among the very best in the country by independent legal guides like Chambers & Partners and the Legal 500. Speaking to Chambers & Partners, one client said of our medical negligence team: “The advice is very friendly and they go a long way to make you feel comfortable."

      We see the health of you and your child as a priority so will always focus on getting a compensation sum which can help you access the care and support you need. Our experts will work hard to deliver early access to the best rehabilitative services and treatments.

      We have won the Claimant Solicitor of the Year prize at the Rehabilitation First Awards seven times. This award highlights how compensation can really change lives, allowing seriously injured individuals to live more independently.

      View our Medical Negligence team.

We can now move on and look forward to a more stable and secure future. I am sure that this would not have happened without Irwin Mitchell being involved.”

Jayne, client

Frequently Asked Questions

How Can A Maternal Birth Injury Be Caused?

Your midwife and obstetrician have a duty to make sure that your birth goes as smoothly as possible. Injuries sometimes occur naturally during birth, but mistakes by medical staff can lead to avoidable injuries.

The person treating you should recognise the risks that an injury may occur and take precautions to avoid this from happening. There are a number of mistakes that can be made during birth procedures, such as:

  • Caesarean sections – If a caesarean is delayed it’s possible you may suffer injuries to other organs, damage to nerves or blood vessels, or perforated intestines (a hole develops in the small intestine).
  • Placental abruption – This happens when the placenta becomes detached from the uterus wall before your baby is delivered. It’s essential that medical professionals recognise the signs of this condition early on and monitor you carefully to minimise any risks. In extreme cases this condition can be fatal for the mother and/or the baby.
  • Pre-eclampsia – This condition affects some women during the second half of their pregnancy or shortly after their baby is delivered. The warning signs should be picked up during antenatal appointments including protein presence in urine and high blood pressure (hypertension). If this condition isn’t treated correctly, blood clotting can occur.
  • Anaesthesia – If anaesthetic is given to you in the wrong quantity there can be serious consequences. These can include brain injuries (because the brain can become starved of oxygen), nerve injuries and unnecessary pain during the delivery due to consciousness.
  • Episiotomies – Medical professionals can decide to make cuts into your perineum and vaginal wall to make your birth easier and to avoid extensive tearing. Unfortunately this procedure is sometimes performed unnecessarily or incorrectly, leading to pain, bruising and incontinence.
  • Perineal tears – Tears during the birth are common but it’s essential that these are treated correctly. The severity of tears is graded from first to fourth degree, with third and fourth degree tears often requiring stitches or further surgery. Stitches must be maintained properly by your doctor as these can become infected or heal incorrectly.
  • Assisted deliveries – Forceps or a ventouse suction cup can be used to help deliver your baby’s head if your child is in an awkward position. If these procedures aren’t performed correctly, conditions such as genital tears, urinary/faecal (bowel) incontinence and damage to the uterus/bladder can be caused.

If you suffered a maternal birth injury because of medical negligence, we’re here for you. Contact our experts today on 0800 121 6567 to set up a free initial consultation.

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What Can Compensation Pay For?

Suffering an injury during the birth of your child can have a variety of physical and psychological effects. If your injury was caused by a medical error, we can get you compensation to help make life a little easier.

Our team of experienced medical negligence lawyers can secure funds to help pay for:

  • Private hospital treatment
  • Psychological support
  • Physiotherapy
  • Adaptations to your home or vehicle
  • Lost earnings
  • Prescription charges
  • Travel expenses.

Birth injuries caused by negligence can vary in severity so it’s hard to estimate exactly how much compensation you’ll receive before finding out about your circumstances. We’ll collect evidence to help work out the amount of compensation we think you should receive.

To make a compensation claim for your birth injury, contact us today on 0800 121 6567.

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Can I Make A Claim For A Loved One Who Has Died?

Unfortunately, severe birth injuries can be fatal if they aren’t recognised or monitored correctly by medical professionals. We’re here to help if your loved one has passed away because of mistakes made during childbirth.

Some maternal deaths are preventable and it’s vital that expectant mothers get access to good quality antenatal care. We have experience helping families claim after a loved one died from:

  • Severe bleeding – Medical professionals should recognise any bleeding quickly and can inject oxytocin immediately after the birth to reduce the chances of severe bleeding
  • Infections – After childbirth medical professionals should make sure that good hygiene standards are maintained to eliminate any chances of infection
  • Pre-eclampsia – High blood pressure during the pregnancy should be recognised and managed to lower the risk of developing eclampsia.

By making a claim, we can help you get support and answers to make this time a little easier. We can help you with:

  • Recovering compensation for your loved one’s pain and suffering, and to cover financial losses caused by their death
  • Representing you at their inquest
  • Getting you the answers and apology you deserve from those responsible.

Our lawyers might also be able to help you access a statutory bereavement award, a flat rate of £12,980 which is intended to compensate you in the event of a wrongful death. This is available if you’re the spouse, civil partner or parent (if under 18) of the person who died.

To find out more about how we could help you, contact us today on 0800 121 6567.

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Awards & Recognition

We're always proud to be recognised for the work we do for our clients and have been named as a leading firm in the latest legal guides - which provide information and recommendations about lawyers and law firms in the UK.

UK Chambers & Partners Leading Firm 2018 The Times Best Law Firms 2019 Leading Firm - Legal 500 2017

What Our Clients Say

We truly value and appreciate the feedback we receive from our clients, as we look to improve the services we offer on an ongoing basis.

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Our support for the Birth Trauma Association.

We work with the Birth Trauma Association (BTA), an organisation which helps women who suffer birth injuries including post natal post-traumatic stress disorder (PTSD). The group is made up of mothers who wish to support women who are finding it hard to cope after childbirth.

The BTA aims to do help mothers by raising awareness of birth trauma, working to prevent difficult deliveries where possible and by supporting families who are in need.

Our Offices

Our offices are located in major cities throughout the UK and have excellent transport links.

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To begin your claim for compensation, or ask any questions regarding personal injury claims, contact us today for a free consultation.

This data will only be used by Irwin Mitchell for processing your query and for no other purpose.

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