By Fern Mitchell. Last Updated 28th July 2025. Welcome to our guide on midwife misdiagnosis claims and medical negligence compensation. There is no denying that any type of serious harm can be incredibly traumatic and a great source of stress and worry for everyone involved. However, this is even more so the case when it involves a new mother and her baby.
If you have suffered harm or your baby has experienced adverse symptoms because of the fact that the midwife did not correctly diagnose the condition, you may have a case for compensation.
Here at Legal Expert, we have helped many people to get the compensation they deserve. At any time as you read this guide on making a midwife misdiagnosis claim, you can speak to us by:
- Ringing on 0800 073 8804.
- Visiting our contact page
- Messaging an advisor in the open live chat window.
Select A Section
- What Is Midwife Misdiagnosis?
- Claiming For Injuries To The Mother
- Congenital Hip Dysplasia Claims
- Ectopic Pregnancy Claims
- Maternal Diabetes Claims
- Pre-Eclampsia Claims
- Stillbirth/Neonatal Death Claims
- How Much Compensation Could I Receive For Midwife Misdiagnosis?
- How Long Do I Have To Claim Midwife Misdiagnosis Compensation?
- No Win No Fee Midwife Misdiagnosis Claims
- Resources And Useful Links
What Is Midwife Misdiagnosis?
What is the failure to diagnose definition? A midwife misdiagnosis relates to any sort of scenario whereby a midwife has incorrectly diagnosed the symptoms that you or your child (or both) are experiencing. If such actions or a lack of action has resulted in any distress or harm to you or your child, it is likely that you will have the grounds to launch a claim for midwife negligence compensation.
Claiming For Injuries To The Mother
It is not only the baby that can suffer if a midwife fails to diagnose something; mother and baby are both able to be affected. Birth injuries that the mother experiences can relate to C-section deliveries, episiotomies, and such. If you are going to make a successful claim against the midwife, typically, the condition would have been developed by the midwife during pregnancy, and the midwife will not have noticed it when she should have.
For more information on midwife misdiagnosis claims made when the baby has been injured due to negligence, please read on.
Congenital Hip Dysplasia Claims
This is a condition whereby the hip joint of the baby does not develop correctly. It develops in such a way that the thighbone is not stable in its socket. In some cases, it can then become totally detached.
The condition can vary when it comes to severity, as the ligaments are often stretched. It can get worse later in life, causing stiff or painful joints, a limp, and hip pain. Treatment is fairly straightforward. However, if the diagnosis is delayed, it may result in surgery that could have otherwise been avoided, leading to a claim for midwife negligence compensation.
Ectopic Pregnancy Claims
This is a term for pregnancies that occur outside of the woman’s womb. Sadly, they are always terminal for the baby. Mostly, they happen in the fallopian tubes. The mother can also suffer, especially if medical staff do not act quickly and take the correct course of action.
It can be very painful for the mother, and some symptoms include pain or diarrhoea while using the toilet, feeling faint all of the time, shoulder-tip pain, pain in the lower abdomen, and heavy vaginal bleeding.
Maternal Diabetes Claims
If maternal diabetes, which is also known as gestational diabetes, is not identified and treated in a swift manner, it can result in severe complications. This includes severe stress and discomfort for the mother. Moreover, it is not uncommon for such incidents to cause birth defects to the baby’s brain or heart or to even lead to miscarriages. These issues could be grounds for a midwife negligence compensation claim.
Pre-Eclampsia Claims
Although strongly linked to issues with the placenta during pregnancy, the specific cause of pre-eclampsia is not fully understood. The condition shows itself as high levels of protein in the mother’s blood. This can cause a wide range of problems, including blood clotting difficulties, lung problems, liver failure, vomiting, dizziness, pain, vision problems, severe headaches, and excessive fluid retention that causes swelling.
Stillbirth/Neonatal Death Claims
There are a number of different reasons why a woman may have a stillbirth. This includes the incorrect administration of medication, improper or excessive force used during the delivery of the baby, and the incorrect diagnosis of life-threatening conditions.
The results can be incredibly devastating. If you have suffered a stillbirth and you feel it could have been avoided, please give us a call today to start the process of claiming the compensation and justice you deserve.
For more information on what can be included in midwife misdiagnosis claims or to claim for miscarriage misdiagnosis, please read on or get in touch with us today for free legal advice.
How Much Compensation Could I Receive For Midwife Misdiagnosis?
You may want to know what amount of compensation you may receive if you do make a claim for midwife misdiagnosis. What is important to recognise here is that every case is different, and it is treated as such. A misdiagnosis can impact people in different ways, so it is only right that the specifics of your case are considered.
Below, you can see a selection of brackets from a publication called the Judicial College Guidelines. Solicitors sometimes use the document to guide their assessment of a claim’s potential value as it publishes guideline compensation brackets for many forms of harm. Please note that the table isn’t a guarantee of compensation, and the top row isn’t from the JCG.
| Type of Harm | Severity | Compensation Guidelines |
|---|---|---|
| Multiple types of severe harm and the associated costs (e.g. private medical treatments) | Severe | Up to £500,000+ |
| Reproductive harm (female) | Infertility + severe depression/anxiety, sexual dysfunction, scarring, and pain (a) | £140,210 to £207,260 |
| Delay in diagnosing ectopic pregnancy without fertility impact | £4,140 to £24,930 | |
| Psychological damage | Severe (a) | £66,920 to £141,240 |
| Moderately Severe (b) | £23,270 to £66,920 | |
| Moderate (c) | £7,150 to £23,270 | |
| Post-traumatic stress disorder | Severe (a) | £73,050 to £122,850 |
| Moderately Severe (b) | £28,250 to £73,050 | |
| Moderate (c) | £9,980 to £28,250 |
For more information regarding midwife negligence compensation, please give our friendly team a call.
How Long Do I Have To Claim Midwife Misdiagnosis Compensation?
Generally, you will need to start a claim for midwife misdiagnosis compensation within 3 years from the date of negligent treatment. This is outlined by the Limitation Act 1980. However, it is not always immediately clear that you received inadequate care. This means that the time limit may apply from the date on which you realise that you suffered unnecessary harm due to the negligent actions of a midwife.
The time limit may apply differently if the impacted person is unable to make the decisions required to pursue midwife misdiagnosis claims on their own behalf. Such cases involve individuals who are mentally incapacitated or under the age of 18. As a result, the 3-year limitation period can be frozen until the date one of the following applies:
- They regain mental capacity
- They have their 18th birthday
Alternatively, another person can claim on their behalf while they are still unable to do so themselves. In legal terms, this role is referred to as a litigation friend. When acting as a litigation friend, the adult who fills this role must make decisions that are in the best interests of the person who has been harmed.
If you or a loved one has experienced harm due to a misdiagnosis from a midwife, reach out to our advisors today. They will explain how the limitation period might apply to your specific case and outline what the next steps you can take are.
No Win, No Fee Midwife Misdiagnosis Claims
If you have suffered harm due to a midwife misdiagnosis, you may be entitled to claim medical negligence compensation using one of our No Win No Fee solicitors.
By working under the terms of a Conditional Fee Agreement (a type of No Win No Fee arrangement), one of our legal professionals can offer their services without requiring any upfront or ongoing solicitor fees. Additionally, if your claim loses, you won’t have to pay these fees at all.
When working with a No Win No Fee solicitor, you only pay a success fee in the event that a claim is won. This is a legally capped percentage that your solicitor will deduct from your compensation as a payment for their work.
Contact Us
If you want to make a claim because of a midwife’s failure to diagnose a condition that you or your baby was suffering from, Legal Expert’s team are here to help. You can reach us confidentially by:
- Ringing on 0800 073 8804.
- Visiting our contact page
- Messaging an advisor in the open live chat window.
Resources And Useful Links
We hope that this guide has helped you to find the information you need regarding pregnancy medical negligence claims. However, if you are still on the lookout for some more information, the links below could be of use to you:
- Government overview of Statutory Sick Pay.
- Learn about birth injury to mother claims.
- Find out when you could claim for head and neck cancer misdiagnosis and learn more about the medical negligence claims process.
- See if you can pursue compensation for a delayed broken arm surgery.
- Get help with MRSA claims and learn more about claiming medical negligence compensation.
Thank you for reading our guide exploring the process of making midwife misdiagnosis claims.
