What happened to my baby? Birth negligence claims can help families prove care failings.
When a baby is injured or dies, families need answers. But they don’t always get them. This can make an already distressing situation even more traumatic.
“In the absence of clear explanations, women often wrongly blame themselves…they think it is because of something they have done or that they should have been more insistent that there was a problem,” observed Baroness Amos, who is heading up a national investigation into England’s maternity and neonatal services.
The review follows repeated instances of birth negligence at NHS trusts across the country, which have resulted in the deaths of dozens of babies.
Why is getting legal advice important after birth trauma?
When things go terribly wrong during pregnancy, labour or delivery, it can be difficult to know where to turn – especially if trust in healthcare professionals has been eroded.
Attwaters has been supporting families impacted by birth trauma for more than 20 years. Our specialist lawyers understand how an injury sustained at birth can impact a child – and a family – for years to come.
We help identify failings in maternity and neonatal care, so you can get the answers you need – and the justice your baby deserves. Our lawyers assist with compensation claims that consider not only the pain suffered, but also the added expenses of caring for an injured child.
What constitutes birth negligence?
Every case is different, but there are some common scenarios that could indicate negligence.
Poor pre-delivery checks: inadequate monitoring offoetal heart rates or failing to notice a baby’s signs of distress can result in avoidable birth trauma.
Delayed intervention during labour: failure to proceed with a timely emergency Caesarean section can result in a baby being deprived of oxygen, leading to brain damage.
Misuse of tools: applyingexcessive force when using forceps or during vacuum extraction can result in babies and their mothers being injured.
Unfortunately, there are many other situations where substandard maternity or neonatal care can lead to avoidable harm. If your child has been diagnosed with cerebral palsy, shoulder dystocia, nerve damage (Erb’s palsy), fractured bones or brain damage following birth trauma, then it’s a good idea to seek legal advice. Our specialist medical negligence team provides families with a free initial consultation.
How do you prove negligence?
Not every birth trauma experienced during pregnancy, labour, or delivery is due to negligence. You need to be able to prove the care provided did not meet expected standards and that this resulted in your baby suffering avoidable harm.
The impact of a traumatic birth on a child might not be recognised immediately. Although there’s normally a three-year time limit for starting medical negligence claims, this is extended for cases involving children until their 21st birthday.
If a baby sadly dies before, during or after delivery, there might an inquest to review what happened. Inquests can be complicated and distressing, but they can also help to highlight any lapses in care that contributed to a baby’s death.
How can Attwaters help?
Attwaters provides co-ordinated and compassionate support for birth negligence claims and inquest hearings. For example, we secured a five-figure sum for the parents of a baby who died soon after delivery due to a hospital’s failings. We also represented the family at the baby’s inquest.
Our team will review medical records, obtain witness statements and seek expert opinions to prove where injuries and fatalities were preventable. We take many birth negligence cases on a no win, no fee basis, which means getting answers and receiving damages is not dependent on your personal finances.
Learn more about how our specialist and sympathetic team can support you on enquiries@attwaters.co.uk or 0330 221 8855.
