Birth Injury And Midwifery Claims

Individuals : Medical Negligence Claims

Birth Injury And Midwifery Claims

One study found that between 25 – 40% of patients will have a birth injury of some kind from deep tears in the mother to scarring to the child during caesarean sections. Some mothers are placed into the wrong risk category by midwives during their pregnancy and either have an unnecessary caesarean operation with the increased recovery period, scarring and risk of infection or are not listed for one which they ought to have been. This may result in an avoidable injury to the baby due to a foreseeable difficult birth.

Rates of caesarean section have been rising gradually for many years – from about 10% of births 30 years ago to near 25% of births today. There are several reasons why a physician may feel a caesarean section is the best possible delivery, such as:-

  • Placental problems, placenta previa (placenta blocks the neck of the uterus) and placental insufficiency (a rare pregnancy complication, affecting only 1 in every 300 pregnancies)
  • Uterine ruptures (which affects 1 out of every 1,500 births)
  • Breech position (making normal delivery difficult)
  • Umbilical cord prolapse (crushed cord)
  • Foetal distress
  • No progress during labour
  • Having previous C-sections
  • Preeclampsia
  • Gestational or other diabetes
  • Genital herpes (active)
  • Diagnosed birth defect
  • Carrying twins or multiples

For the first time, pregnant women in the UK should now be given medical advice about the relative risks of vaginal births and caesarean sections to be able to make an informed decision as a consumer. The move comes in the wake of a landmark 2015 UK Supreme Court case which awarded damages for a baby who sustained brain damage during a foreseeable difficult vaginal birth. Despite having a high risk of this, doctors did not inform her (dubbed an act of “medical paternalism”) and had they done so, a caesarean section would have been chosen and the birth injury would have been avoided.

If you or your baby have undergone birth trauma which may have been avoidable, had mistakes not been made in your antenatal care, labour or the advice given about your birthing options, then we may be able to represent you in bringing this to the attention of the NHS Trust involved so they are not repeated with other women or their babies.

At Thomson & Bancks, our medical negligence specialists will deal sensitively and efficiently with your claim for compensation or that brought on behalf of a loved one’s Estate. The civil law attempts to place people back in the same place as they would have been had they not been injured by a medical mistake or left untreated so they have not fully recovered as they should have done.

Where that is not possible, an increasing amount of damages are payable for where the consequences have been more serious for you. Also, financial losses caused by the injury or non-recovery of your condition are claimable, for instance, if you are not able to return to work or require extra services because of a resulting disability which would have been avoided had there been no negligence.

If you or your family have been affected by medical negligence, please call our specialist Solicitor, Lucy Sherry, on 01242 235250 to find out if you may have a claim. We will offer you a first free interview to learn about the next steps and our ‘No Win, No Fee’ agreements for funding your legal claim.

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Birth Injury And Midwifery Claims

If you would like to talk to a specialist solicitor about Birth Injury And Midwifery Claims, please feel free to get in touch and explain your requirements with a no-obligation enquiry.

If you would prefer, you can also call our team on 01242 235250.

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