Maternal Birth Injury Claims
The birth of your child should be one of the best moments of your life, but if you or a loved one are injured while giving birth, it can have devastating life-long consequences for you and your family.
An injury suffered during child birth can cause a huge amount of pain and suffering, as well as potentially leaving you with issues with sexual function, infertility, scarring and mental health consequences. In such cases, claiming compensation is often the only way to ensure you get the help and support you need to deal with these issues and to be able to move on with your life.
Wolferstans’ medical negligence solicitors have a strong track record of helping mothers to secure substantial compensation for maternal birth injuries under even the most challenging conditions.
With exceptional negotiation skills and strong expertise in non-confrontational dispute resolution, we can usually resolve claims outside of a court hearing. This allows you to avoid the stress and uncertainty of court action and means we can typically secure compensation faster and at lower cost.
During the investigation of the claim, we will provide a highly accurate estimate of your claim’s likely value. This will not only give you a clear idea what you may be able to achieve, but it can also help you avoid the risk of settling for less than you may be entitled to – something that can be a risk with less experienced firms.
We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.
To arrange your consultation please contact the new client team on 01752 292204.
Our maternal birth injury claims service
We work with mothers and their families across England and Wales on a wide range of maternal birth injury claims, including those related to:
- Vaginal tearing
- Anal fissures
- Surgical errors during episiotomy or a Caesarean section
- Negligent surgical aftercare following episiotomy or a Caesarean section
- Failure to property manage pre-eclampsia
- Failure to manage maternal infection
- Maternal death
- Post-partum haemorrhage
- Prolapsed uterus
- Retained placenta
- Ruptured uterus
Read about some of the cases we have successfully pursued in relation to compensation claims for birth injuries to the mother.
How compensation claims for maternal birth injuries work
Our clinical negligence lawyers will expertly guide you through every stage claiming compensation for a maternal birth injury, helping to make the process as simple and stress-free as possible for you and your loved ones.
A typical maternal birth injury claim will involve:
- Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
- Contacting the relevant healthcare provider with the details of your claim.
- Ensuring the defendant responds to your claim in a timely fashion.
- Assessing the defendant’s response and advising you of your options.
- Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
- Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.
Find out more about the process of making a clinical negligence claim.
Funding a maternal birth injury compensation claim
Our team are committed to helping anyone with strong grounds for a claim, so as long as we believe your claim has a realistic prospect of success, we will help you find an appropriate way to fund your legal costs.
For most of our clients, this means using a conditional fee agreement. Often referred to as a ‘no win, no fee’ deal, this means you do not have to pay anything towards your legal costs and expenses to start a claim and will only have to cover these costs if your claim is successful and you receive compensation.
With a no win, no fee maternal birth injury claim, the fees you pay will be based on a percentage of any damages won, meaning you will always have a clear picture of the likely costs involved and will always keep the majority of any compensation secured.
Legal expenses insurance is a common alternative for funding a claim. This is sometimes offered as an optional extra with home insurance policies, as well as with some bank accounts and credit cards, so it is worth checking whether you have this sort of cover when considering making a claim.
To discuss your options for covering the cost of a maternal birth injury claim, please don’t hesitate to get in touch/
Find out more about funding a medical negligence claim.
Our expertise in claiming compensation for maternal birth injuries
Having supported mothers and families in the pursuit of maternal birth injury compensation for many years, we know exactly what is needed to help you put together the strongest possible claim. Our expertise and experience mean we can ensure all the relevant facts are uncovered and that no angle is missed.
Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.
Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.
Find out more about our medical negligence claims team.
Read our client testimonials.
Common questions about maternal birth injury claims
The standard time limit for any kind of medical negligence claim is 3 years, counted from the date when the negligence occurred.
There can be exceptions to that rule, however, so it is a good idea to speak to our specialist medical negligence solicitors, no matter how much time has passed.
Common exceptions to the standard 3-year time limit include:
- If the mother was under 18 when the injury occurred – Their parents or guardians will have until they turn 18 to bring a claim on their behalf. Once the mother turns 18, she will be able to bring her own claim up until her 21st birthday.
- If the mother lacks the mental capacity to bring a claim – There is no time limit for someone else to bring a claim on their behalf.
- If the mother has died as a result of a negligent birth injury – Their next of kin or the representatives of their estate will normally have 3 years to bring a claim on behalf of their estate and dependants.
The level of injury you or your loved one experienced and the consequences on their long-term health and lifestyle will be critical to the amount of compensation you can claim.
Damages for maternal birth injury are normally divided into two types:
Special damages – For specific financial losses incurred up to the date of settlement e.g. treatment costs, buying special equipment and loss of earnings.
General damages – For non-financial losses e.g. pain and suffering and changes to your lifestyle, as well as likely future financial losses e.g. paying for ongoing treatment and counselling, compensation for any impact on your earning capacity etc.
For the care you received when you experienced a maternal birth injury to be considered negligent, we will need to show that:
- The care provided fell below medically acceptable standards.
- The substandard care directly caused or contributed to your injury.
- Your injury could have been avoided or the consequences made much less severe with competent treatment.
Proving medical negligence will typically involve various types of evidence, including:
- Medical records
- Witness evidence
- Evidence provided by independent medical experts
Further information about maternal birth injury claims
For more information about maternal birth injury compensation claims and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.
Start a maternal birth injury claim with us today
To arrange a free initial no obligation consultation and find out more about starting a maternal birth injury claim:
To arrange your consultation please contact the new client team on 01752 292204.