How to gain legal and financial support after birth trauma
Giving birth can be a time of joy – but also a time of anxiety and uncertainty. Families put their trust in healthcare professionals to make the right decisions, but they don’t always get the support they need or the care they deserve.
One survey found that 43% of people didn’t feel they were always able to get a member of staff to help them when they needed it while in hospital after the birth of their child.
How can maternity care failings impact mothers?
Slow responses or poor decisions before, during or after childbirth can have terrible consequences for mothers – and babies. An investigation into one NHS trust revealed that nine mothers might have survived if they had received better care.
Mothers can also suffer devastating injuries due to substandard maternity care. Delayed interventions and the misuse of tools can result in major perineal tears, obstetric fistula or internal bleeding. These injuries can have lifelong consequences, such as ongoing pain and chronic incontinence.
That’s not all. A difficult birth can trigger a range of psychological conditions, such as post-traumatic stress disorder, which can impact a mother’s wellbeing for years to come and their plans to have more children.
How does taking legal action help?
Birth trauma injuries can not only result in physical harm and psychological distress but also financial hardship – especially if a mother is no longer able to work.
A successful birth negligence case will normally involve a compensation payout, which can help to cover rehabilitation costs and loss of earnings.
Pursuing a medical negligence case can also compel healthcare professionals to take responsibility for – and learn from – their mistakes, helping to protect other mothers in the future.
What makes maternity care negligent?
Medical or birth negligence occurs when substandard care during pregnancy, labour or delivery results in avoidable physical or psychological injury to the mother or baby. These are some of the situations that could lead to harm and might imply negligence:
- Delayed Caesarean section – especially in an emergency
- Incorrect anaesthetic doses or suturing
- Excessive or inappropriate use of delivery tools, such as forceps
- Failure to respond to maternal concerns or symptoms of complications, for example pre-eclampsia.
Negligence doesn’t just happen during labour and delivery. It can occur at any point during a pregnancy. For example, we secured a financial settlement for one woman after the mismanagement of her miscarriage.
What is needed for a successful negligence claim?
When you experience trauma, it can be difficult to remember the details of what happened – especially if healthcare professionals are reluctant to share information. This is where specialist medical negligence solicitors can help. They can minimise the stress of making a claim and strengthen your case by:
- Requesting and reviewing health records
- Obtaining witness statements
- Gaining expert medical opinions
- Agreeing admissions of liability
- Negotiating compensation payouts
- Providing representation at court hearings.
When considering legal action, it’s natural to worry about the potential costs involved. Attwaters believes every mother who has received substandard maternity care deserves justice regardless of their financial situation. And that’s why we agree a no win, no fee arrangement for the majority of birth negligence cases.
We also off a free initial consultation, so you can decide if taking legal action is right for you. Book an appointment with our specialist and supportive team on enquiries@attwaters.co.uk or 0330 221 8855.
