Midwife misdiagnosis /failure to diagnose Claims Guide – How much compensation I claim?
There is no denying that any type of serious injury 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 woman and her baby. If you have suffered an injury, or your baby has experienced adverse symptoms, because of the fact that the midwife did not correctly diagnose the condition, there is a very high chance you are going to be able to attain compensation.
Here at Legal Expert, we have helped many people to get the compensation they deserve for personal injury claims like this. If you want to speak to us, the number you need is 0800 073 8804. However, before you call us about your potential midwife misdiagnosis claim, please read on to find out everything you need to know regarding these sorts of cases.
Select A Section
- A Guide To Midwife Misdiagnosis Claims
- What Is Midwife Misdiagnosis?
- Types Of Midwife Negligence Claims
- Claiming For Injuries To The Mother
- Cerebral Palsy Claims
- Erbs Palsy Claims
- Kernicterus Claims
- Congenital Hip Dysplasia Claims
- Ectopic Pregnancy Claims
- Maternal Diabetes Claims
- Pre-Eclampsia Claims
- Still Birth / Neonatal Death Claims
- What Damages Can You Get When Claiming For Midwife Misdiagnosis?
- Time Limited On Midwife Misdiagnosis Claims
- Midwife Misdiagnosis Claims Calculator
- No Win No Fee Midwife Misdiagnosis Claims
- Why You Should Make Your Claim With Us?
- Speak To Legal Expert Today
- Resources And Useful Links
If you or your baby has suffered an injury because the midwife looking after you made a misdiagnosis. You will be able to claim compensation, and there are many reasons why you should do so. This includes the following:
- Financial assistance for the recovery process – Why should you have to fund the recovery process? You will receive compensation to help you through this.
- Protection from loss of earnings – A lot of people suffer a loss of income in this position because they are unable to work as a result of their injuries. If this applies, you will receive compensation for this in the form of special damages.
- Cover any expenses – Most people incur several expenses due to their injuries, from travel costs to treatment expenses. Compensation will also cover this.
- Peace of mind – When such an incident occurs, it can be easy to replay it in your mind and wonder if it was your fault. However, a successful compensation claim can help you to draw a line under everything and move on.
As you can see, there are a number of compelling reasons why you should make a claim for a midwife misdiagnosis, and in this guide, you will discover everything you need to know about doing so.
In this guide, we will discuss some of the different types of pregnancy negligence claims, as well as the level of compensation you may receive. We will also talk you through the claims process for different birth negligence stories, the service we provide, and many other elements relating to these cases.
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 result in any distress or harm to you or your child, it is likely that you will have the grounds to launch a claim for compensation.
There are lots of different types of midwife negligence claims. We are going to take a look at them in further detail below so that you can get a better understanding.
- When your midwife has not taken any pre-existing conditions into account, as well as any areas of your family history that could be significant to the birth.
- When your midwife has not taken the correct treatment course once that complications in the pregnancy have been diagnosed.
- When your midwife has not correctly recorded, reported or analysed the results of a number of different health tests. This can cause a delayed diagnosis of pregnancy complications or it could even lead to a misdiagnosis.
- Finally, when you have presented symptoms to your midwife that indicate a potential problem, however, no further examinations or tests where carried out.
It is important to recognise that the list above merely gives a handful of examples and is not a full list.
It is not only the baby that can suffer if a midwife fails to diagnose something, it is the mother too. Birth injuries that the mother experiences can relate to C-section deliveries, episiotomies, and such like. 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.
This is a type of brain injury. It can happen to the baby in a number of different ways. It can happen if the baby suffers a serious head injury, through infection, or because the baby has been starved of oxygen during the birthing process. It causes nerve and brain damage, which results in problems with intellectual capacity and movement control.
This condition is also known as Obstetric Brachial Plexus Palsy. It happens when the baby suffers from severe nerve damage during the birth. This is because once the head emerges; the baby’s shoulders become stuck. The child’s poor position causes the key nerves in the brachial plexus to become damaged. This could lead to long-term movement problems and physical disability for the child.
This relates to incidents whereby a baby has extremely high levels of bilirubin in the blood. Excess levels and jaundice are to be expected. But kernicterus is a lot more severe than the norm. Such cases are very worrying because they can cause damage to the central nervous system or brain damage because of the risk of the bilirubin crossing the blood-brain barrier.
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 being developed and hip pain. Treatment is fairly straightforward. However, if diagnosis is delayed, it may result in surgery that could have otherwise been avoided.
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 too, 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.
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 not uncommon for such incidents to cause birth defects to the baby’s brain or heart or to even lead to miscarriages.
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.
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 getting the compensation and justice you deserve.
Can you sue a doctor for failure to diagnose any type of birth condition? You can, and there are a number of different damages you are going to be able to claim for. Firstly, you are going to be able to claim for the pain and suffering you have experienced. This does not only relate to the physical pain but it also relates to the psychological trauma too. After all, we know that parents often suffer a lot of mental anguish after an incident like this. It is important to know that psychological injuries are taken just as seriously as physical ones.
In addition to this, you can also claim for anything that you have had to fund because of what has happened to you. For example, you may have had to take some time off work and you may have suffered a loss of income. This is known as a special damage and it can be included in your compensation case. Other examples of these sorts of costs include the cost of counselling, treatment expenses, the cost of parking at the hospital, childcare expenses, and such like. If you are going to claim for negligence in midwifery practice for all of these elements, do not forget that you are going to need some proof.
A lot of people are shocked to discover that there are time limits when it comes to personal injury cases. Unfortunately, a lot of people learn the hard way, as they attempt to secure compensation only to discover that it is too late and they have missed the personal injury claims time limit. We do not want this to happen to you. So, please read on to discover everything you need to know about the time limits on these cases.
The time limit is three years. This begins from the date of the accident. Therefore, if you were involved in a birth accident on 3rd July 2017, you would have until 2nd July 2020 to make a claim. This may seem like a long time, but you do need to be mindful of the fact that court proceedings must be issued within this time frame.
There are very few exceptions when it comes to the time limits on personal injury cases. However, those that do occur tend to relate to incidents whereby symptoms take a long time to show or it is not feasible to determine an accident date. For example, you may not realise you have been a victim of midwife misdiagnosis until after the birth or once the baby starts to grow.
You will also find it much easier to claim the sooner you do it. This is because the details will be fresh in your mind. It will also be easier to claim vital evidence, such as witness statements. If you leave it too long, your witnesses may have moved or changed their telephone number, or they may not be able to recall the accident clearly.
You will probably 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 very 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. If you have used a personal injury claims calculator online, please note that it will only ever give you an extremely rough estimate. The best thing to do is take a look at our table below and you will see the average payout for some of the injuries often sustained in these cases.
|The type of injury sustained||Some extra notes||The level of compensation that could be awarded|
|Psychological trauma||Severe||£48,080 - £101,470|
|Psychological trauma||Moderately severe||£16,720 - £48,080|
|Psychological trauma||Moderate||£5,130 - £16,720|
|Psychological trauma||Less severe||£1,350 - £5,130|
If you cannot find the injury you have suffered from in the table above, there is no need to worry – you can still go ahead with your claim. For more information regarding the level of compensation you may get, please give our friendly team a call.
If you require help with solicitors’ costs, you are not alone. A lot of people struggle with the extortionate costs that are charged by solicitors who bill by the hour for their services. However, there is a solution that can give you the assistance you are looking for. Read on to discover more about No Win, No Fee agreements and the advantages of them.
A No Win, No Fee personal injury solicitor is someone who agrees to work to a payment agreement whereby their clients only need to pay legal fees if the service is a success. There are many benefits to gain by opting for this approach, as you will discover below –
- No upfront payment needed – You won’t need to make an upfront payment to begin the claim process. Often, personal injury victims fail to make a claim because they cannot afford the extortionate costs that are associated with simply having a consultation with the personal injury lawyer they are considering. However, this is something you no longer need to worry about.
- Financial risk is reduced – There is typically a lot of risk associated with making a claim. A lot of people fear they could find themselves in a position where they have spent a fortune on legal fees only for the solicitor to then lose their case. You can be confident that this will not happen if you choose a No Win, No Fee
- Experience a better service – It is usually the case that No Win, No Fee solicitors provide a better service, and this is because they are impacted by the outcome of your case. They will do all in their power to make sure you get the compensation you deserve, as they are going to want to be paid for the service they have provided.
- No time wasting – You can be confident that a No Win, No Fee solicitor is only going to take on your case if they genuinely believe it has a strong enough chance of securing compensation. They have nothing to gain by taking on your personal injury claim simply to get your money, as could happen if you went for a solicitor that charges by the hour.
All of the panel of solicitors we work with work to a No Win, No Fee payment agreement here at Legal Expert. Give us a call today to discover more and to start the process of getting the money you deserve.
We know that you have a big selection of claim firms to choose from in the UK. However, we truly believe that we are the best, and there are a number of different reasons why this is the case. Firstly, our No Win, No Fee service sets us apart, and you already know all about the benefits that are associated with this. Furthermore, all of our panel solicitors have up to 30 years of specialist experience in the industry. You can be certain that they will have helped to secure traumatic birth compensation for a wide range of claimants before, so you can be secure knowing that you are in capable hands. Leading on from this, we always put our clients first. One thing we know for certain is that you are going through an incredibly difficult time at the moment. This is something we fully respect. We never want to intrude or cause you more distress. We want to work hard in the background so that you can get the money you fully deserve.
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 is the firm you need. You can reach us on 0800 073 8804, and you will be pleased to learn that this line is open seven days per week. You will speak to a friendly and helpful member of our team who will be more than happy to assist you in any manner possible. All correspondence is dealt with extremely confidentially – we take this very seriously indeed – and you are under no obligation to continue with our service. So, what are you waiting for? Give us a call today. You have nothing to lose.
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.
Making NHS Complaints about the services you haven’t been happy with – If the midwife misdiagnosis occurred at an NHS hospital, this link takes you to their website where you will find information on how to complain to the NHS.
More information regarding this type of midwife claims – This is another comprehensive guide that we have on our website, which talks you through midwife negligence claims in more detail.