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Birth Injury to Mother Claims – How Much Compensation Can I Claim?

By Olivia Fitzpatrick. Last updated 5th August 2021. Welcome to our guide on making birth injury to mother claims. In this guide, we will look at birth injuries to mothers, such as those caused by negligent stitching after birth, and see how much you could claim with a birth injury compensation calculator. 

Childbirth is one of the most important medical procedures. It involves many parties and many medical professionals. As jubilant and as vital a moment as it can be, there remains the possibility that an injury or an accident may occur. If you have been injured or have been the victim of an accident during childbirth, this guide can provide you with legal insight into what you should do next.

We will cover many aspects of the law surrounding childbirth, sharing information and knowledge which we have accumulated over many years in the legal world. If you have any questions which remain unanswered, you can always get in touch with our team. We’re happy to help you learn more about your right to claim compensation.

Time limits for making birth injury to mother claims

If you’re thinking about making a personal injury claim, it’s important to be aware that there are certain time limits that affect whether you’re eligible for compensation. In most personal injury cases, the time limit for making a claim is 3 years. Therefore, you have up to 3 years to begin legal proceedings after the date you were injured or the date you realised it was due to third-party negligence.

However, if you don’t heed these time limits and you attempt to make legal proceedings outside of the relevant limitation period, you could miss out on being able to claim compensation.

An example of when exceptions could be made to this time limit include cases where a claimant is under 18. The time limit will be frozen until they come of age to make legal proceedings. In the meantime, they could appoint a litigation friend to make their claim for them, at which point the time limit would come into effect for them.

Select a section:

A guide to birth injury to mother claims

birth injury to mother claims

birth injury to mother claims

The purpose of this birth injury to mother claims guide is to provide you with all the necessary information need to seek compensation. In this guide, you will learn of the many accidents that may occur during childbirth and the steps you can take in pursuing birth injury to mother compensation.

This guide also intends to answer any questions you may have. A frequently asked question we receive is, “what are some types of birth injuries a mother may sustain?” This is a very important question, as there are many injuries that a mother may sustain, including those affecting their physical health, mental health and emotional wellbeing. The severity of an injury can greatly influence how much you will be compensated.

If you still have any reservations about filing a claim, please feel free to reach out to one of our representatives, who will be able to clarify any issues you may have. Our contact information will be provided at the end of this guide.

What is a Birth Injury?

A birth injury is an injury that usually affects the child or mother before, during or after the birthing process. Both the baby and the mother may sustain an injury as a result of giving birth and this can include physical, emotional, and psychological injuries.

If you have suffered an injury whilst giving birth or have been affected by such an accident, you may be owed compensation. Contact our team about birth injury to mother claims today.

Claiming for Abnormal Uterine Bleeding Caused by a Birth Injury to the Mother

Abnormal uterine bleeding – that may later become a rupture whilst giving birth – can be a life-threatening experience for both the mother and the baby. Though highly uncommon, the chances of a mother or baby dying during childbirth are heightened by issues such as abnormal uterine bleeding.

Medical professionals are obligated by oath to maintain the health and safety of their patients. Failing to give the best kind of quality service to the patient can illustrate gross negligence on their part. As a result of their negligence, they will be held liable for any injuries that may have been inflicted due to their negligence.

However, medical negligence claims can prove to be somewhat difficult. As you continue to read this guide, you will learn of the difficulty involved in filing for a medical negligence claim and who will be at fault for any injuries sustained.

Claiming for Broken Bones Caused by a Birth Injury to the Mother

Although it is possible to file a claim for a fractured or broken bone that happened as a result of giving birth, it must first be established that the birth was the cause of the fractured or broken bone.

As stated in the previous section, claiming for medical negligence (especially in a childbirth scenario) can be a very difficult task. It is important that you speak with a legal representative who will be better able to inform you of your options and if you will be able to file a claim.

The hidden trauma of injuries and being torn during childbirth

Claiming for Infections Caused by a Birth Injury to the Mother

It is very important for women who are about to give birth to get the proper prenatal care in order to properly assess and diagnose any health concerns. This is important not only for the mother but for the baby as well. If the medical professional does a poor job at properly diagnosing the health of the mother, they may be held responsible for any injuries that may arise due to their lack of a proper diagnosis of the health of the mother.

As you continue to read this guide, you will learn more about the medical negligence claims and who will be held responsible for the injuries sustained. It is highly recommended that you speak with a legal representative as they will be better able to inform you of all the legal matters that will be involved in birth injury to mother claims.

Other Common Birth Injuries to the Mother Claims

As outlined in the previous sections, birth injuries to the mother can be caused by abnormal uterine bleeding, infections and broken bones. However, there are many other types of birth injuries to the mother that a mother may sustain. Other common birth injuries include:

  • pelvic injury during childbirth.
  • vaginal tear or lacerations.
  • common peripartum emergencies.
  • wrongful death of the mother.

An injury to the mother during birth should not happen when a properly trained medical professional is tasked with her care. However, there are incidents when a mother may sustain injuries that affect their lives (in a negative way) and they are no longer capable of functioning in the workplace or in a social environment. As long as the injury you have sustained is through no fault of your own, you may be able to file a claim.

Claiming for a Birth Injury to the Mother Caused by Medical Negligence

When filing a claim, there are a number of questions that must be answered in order to determine if the injury that has been sustained was due to medical negligence. These questions include:

  • Was the injury that has been sustained preventable?
  • Was the standard of care sufficient?
  • Did the procedure result in a birth injury to both the mother and the baby?

Once it has been proven that the medical professional has shown some degree of negligence, you will then be able to file a medical negligence claim. It is important to know that medical negligence claims have been on the rise in the UK. Because of this, it is not uncommon for doctors to not give adequate amounts of medical treatment because of fear of having a claim filed against them. When a doctor is found to have shown gross negligence they may have their licenses revoked. This is a very complicated issue affecting the medical industry in the UK at the moment.

Birth Injuries to the Mother Facts and Statistics

Birth traumas are not uncommon. It has been estimated that between 25% to 34% of women in the UK report that their births were traumatic. According to the Birth Trauma Association:

There are many negative experiences that are associated with mothers who have developed PTSD as a result of experiencing birth trauma. These effects include:

  • Intrusive recollections in the forms of nightmares or flashbacks.
  • Hyper-arousal in the forms of difficulty sleeping, irritability causing you to lash out or difficulty concentrating.

If you have sustained an injury whilst giving birth, it is important that you reach out to a solicitor who specialises in birth injury to mother claims. In addition, the Birth Trauma Association (BTA) supports all women who have suffered an injury as a result of a birth injury.

Assessing the Severity of a Birth Injury to the Mother

When assessing the severity of a birth injury to the mother, it is important to visit a medical professional who will be able to give a thorough examination. The medical examination will prove to be of great importance, as the exact details of the severity of your injury will form the basis of your case for compensation.

If by chance you have yet to visit a medical professional, we can arrange for a medical examination at a local medical facility. As we will see in later sections, the severity of the injury will have a huge influence on the amount of compensation you may be awarded. A thorough medical exam can help you receive the maximum amount of compensation and can ensure that the injury is fully diagnosed.

The Long-Term Effects of a Birth Injury to the Mother

Depending on the severity of the injury you sustained, the injury can have a devastating impact on your life. Giving birth can be a very painful experience and it can cause serious amounts of stress on the body.

It is not uncommon for many women to suffer from some form of injury. The pain they sustain or the loss of their baby can have long-term emotional and psychological consequences that may take years to heal.

In situations like this, the individual will be compensated for the whole recovery time. It is recommended that you see a doctor after sustaining your injury. If you have any questions, reach out and speak with one of our representatives for additional information on this matter.

What to do if You Have Suffered a Birth Injury as a Mother

If you have sustained an injury as a result of giving birth, there are several steps you should take in pursuing your compensation claim. These steps include:

  • Collecting evidence – It is important that you take photos of the injuries you have sustained. Take photos of the medical instrument(s) that caused the injury. After you have taken the photos of the area and the medical instrument(s) that caused the injury, get witness testimonies. The witness testimonies will prove to be extremely useful during the claiming process.
  • Arrange for a medical examination – After you have acquired all the evidence you could gather, the next step requires that you seek a medical professional. If you haven’t seen a medical professional, we can arrange for you to meet one.
  • Document financial losses – It is important to keep a record of all the expenses you have spent as they pertain to the injuries you have sustained. Keeping a journal of all your expense will help you later on during the claiming process as you may be able to be reimbursed for all your losses.

Following these steps will prove to be very valuable to you during the claiming process.

What can be Claimed for as a Mother who has Suffered a Birth Injury

There are many expenses, costs, and damages you may be able to claim following an injury. These can include:

  • General damages – for the birth injury you have received, along with the mental, emotional and psychological anguish you may be experiencing.
  • Medical bills – for any medication, equipment, surgery or private health care that was needed.
  • Loss of earnings – for any time you had to take off work as a result of your injuries, including future loss of earnings.
  • Travel expenses – for any travelling that was required. If, for example, you had to travel to another city to see a specialist doctor.
  • Recuperation – covers the time you had to recover. If you lose earnings from your job because you had to recover, you can claim that.
  • Care costs – in some scenarios a mother might sustain severe nerve damage after giving birth and, as a result of this, the mother may need a nurse to help her around the house.
  • Funeral expenses – in the worst scenario, a mother or child may die as a result of medical negligence; in this case, the funeral and all the expenses surrounding the funeral will be able to be claimed.

It is important to keep a record of all your expenses as you may be able to get them back while filing your claim.

No Win No Fee birth injury to mother claims

We understand how filing a claim can be very trying for people whose income and financial security has been affected by their injury. That is why we offer a ‘No Win No Fee’ agreement – or a Conditional Fee Agreement (CFA) – that can help to ease the worries of individuals who are concerned about the process.

When pursuing your traumatic birth compensation, you can rest assured that you will not have to worry about any financial complications. If we are able to help you get your compensation, the amount we get will be taken from the settlement amount. However, if we are not able to get you your compensation, you will not have to pay us anything. With the ‘No Win No Fee’ agreement, you have everything to gain and nothing to lose.

How Much Can a Mother Claim for a Birth Injury?

The amount you can hope to be compensated for your injury is largely influenced by the severity of the injury. You will be able to estimate how much you may be compensated for by using the birth injury compensation calculator shown below. However, the payouts listed below show the average amounts paid for specific injuries. Birth injury compensation claims may result in the following settlement totals:

Updated August 2021.

Psychiatric Injury due to the traumatic birth Severe£51,460 to £108,620In this case, the person will have severe problems that affect them functioning in many environments.
Psychiatric Injury due to the traumatic birth Moderately Severe£17,900 to £51,460Cases where the stress interferes with the individual's work and social life. Prohibiting them fully engaging in work or social environments.
Psychiatric Injury due to the traumatic birth Moderate£5,500 to £17,900There are some forms of problem but they can be treated.
Psychiatric Injury due to the traumatic birth Less Severe£1,440 to £5,500Cases falling short of a specific phobia.
Post Traumatic Stress Disorder (PTSD)Severe£56,180 to £94,470In this case, all aspects of a person’s life are affected by the injury.
Post Traumatic Stress Disorder (PTSD)Moderately Severe£21,730 to £56,180In this case, the effects will have serious side effects. The effects will interfere with an individual's life.
Post Traumatic Stress Disorder (PTSD)Moderate£7,680 to £21,730In this case, a person may make a large recovery. Any continuing effects will be grossly disabling.
Post Traumatic Stress Disorder (PTSD)Less Severe£3,710 to £7,680In this case, the person will make a full recovery.

The amount you can receive for your birth injury to mother compensation depends on the severity of the injury. It is important to know that the table above is just a reference for what you may be expected to receive. This is not a complete list of all the compensation you may be awarded. If you still have any questions about the mother birth injury claim, feel free to call one of our representatives.

How to Start a Birth Injury to the Mother Claim

After you have acquired all the evidence you need and have met with a doctor, the next step is to begin your case. Finding a solicitor can be a very stressful endeavour. This is why we offer a free consultation which provides free legal advice that will help to inform you of the best available options to take. The free consultation can prove to be very useful to those who aren’t familiar with the legal process and is offered on a no-obligation basis.

If you choose to work with us in filing your claim for your birth injury, we will be more than willing to begin the case on your behalf. If you haven’t seen a doctor, we can arrange for you to see a local specialist. Once you decide to work with our team, we’re able to handle the vast majority of the work involved with your claim. If you’re wondering how to get started, calling our offices is often the easiest way forward.

Why Choose us as your Claims Service as a Mother Making a Birth Injury Claim

If you have sustained a birth injury, you may be awarded some compensation for your injury. We offer a plethora of benefits for our potential claimants, from offering a free consultation to arranging a medical examination if needed to our ‘No Win No Fee’ agreement. We pride ourselves on our strong work ethic, our friendly atmosphere, our level of integrity and our strong relationship with our clients. It’s this approach that can make your claim so much easier when you work with our team.

We have a very impressive success rate and are determined to help you receive your compensation. If you have any questions about birth injury to mother claims, please call our offices and speak with one of our representatives.

Call for Free Advice and To Start a Claim

We hope our updated guide on birth injury to mother claims has helped you. Feel free to contact us either using the webchat on our website, filling out an online contact form or by calling 0800 073 8804. We’re ready and waiting to hear from you today.

Helpful Links

How Much Compensation For a Birth Injury?

Find out how much compensation you can claim for a birth injury also contact us for free advice and estimates.

How to claim for Misdiagnosis compensation

Have you had a misdiagnosis that has lead to a birth injury? contact us today from free advice.

How to make a complaint about an NHS service?

Every NHS service has a complaints procedure. We can also help you file a NHS complaint along with your negligence compensation claim.

Hospital Negligence Claims

In our updated guide you can find the latest information on making a hospital negligence claim.

Medical Negligence Resulting In Death

Visit this guide to understand how you can claim compensation for a loved one or family member following an incident of medical negligence resulting in death.

Episiotomy And Perineal Tears

In this NHS guide, you can learn more about episiotomy and perineal tears

Further Helpful Guides

FAQs on Birth Injury To Mother Claims

What is the infant mortality rate?

Across the OECD countries (including the UK) the infant mortality rate has fallen since the start of the century. In 1990 the infant mortality rate was 7.9 deaths per 1,000 live births. By 2017 this had fallen and the UK saw 3.9 infant deaths per 1,000 live births.

What is the maternal mortality rate?

Recent figures show that from 2016 to 2018 a total of 217 women died either during pregnancy or up to 6 weeks after giving birth. This was from a total of 2,235,159 women who gave birth in the UK during this time.

Does inducing labour increase the risk of maternal injuries?

Inducing labour is generally safe and should not usually result in unexpected birth injuries to mother. However, induced labour could lead to complications, such as haemorrhaging postpartum. In some instances, it could also result in a uterine rupture.

If you have been harmed because of negligence during induced labour, you could make a traumatic birth compensation claim.

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