When Might A Claim For Maternal Injury Arise?
Pregnancy and childbirth, whilst a life changing experience for anyone, should be a time of happiness and excitement for a mother.
Unfortunately, however, things do not always work out this way. Complications can and do arise, both during pregnancy and the birth of a baby.
Many injuries associated with birth would be considered by medical professionals to be normal. If, however, an injury is sustained at this time which is proved to be due to clinical negligence then a mother may have a claim for compensation.
What Is It Necessary To Bring A Claim For A Maternal Injury?
If proper care and attention has not been provided by the medical staff and it can be shown with the benefit of independent expert evidence that the care fell below a reasonable standard, then it may be possible to bring a claim for damages.
It is necessary to show that the treatment provided would not be supported by a reasonable body of medical experts practising in the same area of medicine as the treating doctors.
It is also necessary to show that any identified shortfall in the care and treatment provided has caused an injury to a mother that would otherwise have been avoided.
What Incidents May Give Rise To A Claim?
There are many incidents that can occur which, if proved to be due to negligence by the medical staff, would allow a mother to make a claim for compensation.
Some of the claims which are often brought for maternal injuries include:
• A failure to diagnose pre-eclampsia during pregnancy leading to severe complications
• A 3rd or 4th degree perineal tear
• Failing to stitch a perineal tear appropriately
• Failing to appropriately stitch an incision made during an emergency or elective caesarean section
• Failing to provide adequate anaesthesia during a caesarean section or other intervention, such as the manual removal of the placenta
• The inappropriate use of instruments, such as forceps, during delivery causing injury as a result
• A delay in intervening during the delivery of a baby which goes on to cause a uterine rupture
• A delay in dealing with significant bleeding after birth
• An avoidable injury to internal organs during a caesarean section
What Can Be Claimed?
It may be possible to claim compensation for both the physical and any psychological injuries the mother has sustained because of the negligence. Often these incidents have a profound effect on a mother leading to a necessity to access psychological support.
A mother’s fertility can be affected as well as their desire to have further children and all these issues need to be taken into consideration when assessing the damages they may be entitled to.
In addition, financial losses can be claimed, where it can be proved these have arisen because of the negligent treatment. An experienced solicitor will be able to advise on the losses which can and should be claimed but these include past and future losses including:
• Travel expenses
• Medication charges
• Loss of Earnings
• Care and assistance
• Psychological therapy
• Surgery
Not one case is the same. The level of damages recovered will depend on how serious the injury is and any long-lasting effects.
How Long Will The Claim Take To Conclude?
There is no definite answer to this. It will depend on whether the hospital admit the allegations put to them. Some cases can conclude within a matter of months whilst some take longer. If the hospital deny liability, then a case may take several years to conclude.
How Long Do I Have To Bring A Claim?
Where a claim is being made for injuries sustained to the mother, it is usually 3 years from the date of the incident or the date the mother becomes aware they have suffered an injury due to the negligence of the medical practitioner. Different rules apply where a child suffers an injury.
In any event, it is prudent to seek advice from a solicitor specialising in clinical negligence claims as soon as possible after the incident.
If a claim is not commenced within the required time limit, the claim will be time barred. This means it will not be possible to pursue an action even if the claim has good prospects.
How Is The Claim Funded?
Most claims are funded on a Conditional Fee Agreement basis, commonly referred to as a “no win, no fee” agreement. This means you do not have to pay your Solicitor in the event the claim is unsuccessful. Your Solicitor will discuss the funding of the case with you initially prior to starting work on the case.
What Will Happen Initially?
Once a decision has been made that there is a claim to be pursued, the medical records will be obtained and carefully considered. Following this, an independent expert will be instructed to consider the records and provide an opinion on whether the treatment fell below a reasonable standard. The expert instructed will be of the same expert discipline as the doctor that is alleged to have provided sub-standard treatment.
Next Steps...
If you feel you may have a claim for a maternal injury sustained during pregnancy or childbirth, you can contact our team of experienced clinical negligence solicitors for an initial discussion at no cost on 01283 214231 or via email at legal@timms-law.com.
