Maternity care crisis is putting mothers and babies at risk
Incomplete records. Delayed clinical reviews. Rushed appointments. Staff capacity pressures. These are just some of the problems that have been highlighted by a national review of maternity and neonatal services.
The initial findings prompted the investigation’s chair Baroness Amos to state: “The system is not working for women, babies and families, or for staff.” And she’s right. Attwaters medical negligence team has supported dozens of families who have experienced sub-standard care at maternity and neonatal units across the country.
Babies have died. Mothers have suffered life-changing injuries. Families have been traumatised. And some hospitals have failed to admit or learn from their mistakes. This lack of transparency often prompts families to pursue a medical negligence case.
How do birth negligence claims make a difference?
For many, taking legal action is not only a way to get answers but also to help families in the future. The interim report by Baroness Amos highlighted instances of NHS trusts and professionals being reluctant to admit mistakes and to say sorry when things have gone wrong.
As well as compelling healthcare providers to take responsibility for their actions, a successful birth negligence claim often leads to a damages payout. This can provide vital financial support to families struggling to cope after a breach of care. For example, if a mother is injured during labour, it might impact her ability to work. If a baby is harmed during childbirth, they might sustain injuries that mean they require additional care for the rest of their lives.
How do you prove birth negligence?
If substandard care during pregnancy, labour or delivery has resulted in avoidable physical or psychological injury to a mother or a baby, there could be grounds for a birth negligence case and a claim for compensation.
The definition of substandard care can vary considerably, so it’s important to seek expert legal advice. For example, it could involve the inappropriate use of forceps during childbirth resulting in a baby suffering brain damage or a delayed intervention during labour that leaves a mother with life-changing injuries.
Birth negligence cases generally need to be initiated within three years of the incident. If a child has come to harm, then a claim normally needs to be lodged before their 21st birthday.
To build a case, you will need medical records, witness statements and expert medical opinions to prove the injuries were preventable. This might sound daunting, but this is where a medical negligence solicitor can help. They can also negotiate a fair financial settlement and secure upfront payments to cover any immediate rehabilitation or care costs.
How do I get started with a birth negligence case?
Deciding to pursue a medical negligence case can be difficult – especially when you’re still dealing with the physical and/or psychological impacts of a traumatic birth. Our compassionate team are here to support you every step of the way.
Attwaters has helped numerous families secure financial payouts and gain answers from healthcare providers that have failed in their duty of care to mothers and babies. For example, we obtained a five figure settlement and a full admission of liability for parents devastated by the stillbirth of their son.
If you need help deciding whether to embark on a birth negligence claim, our team can help talk you through the process. Get in touch with our specialist and sympathetic team on enquiries@attwaters.co.uk or 0330 221 8855 for a free initial consultation.
