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Midwife Negligence Leading To A Birth Injury Claims Guide – How Much Compensation Can I Claim?

By Olivia Fitzpatrick. Last updated 25th August 2021. Welcome to our midwife negligence claims guide. Have you experienced birth injuries as a result of midwife negligence? If you are a parent of a child who suffered birth injuries due to midwife negligence, you can claim midwife negligence compensation on behalf of your child.

Alternatively, if you are a person aged over the age of 18 who experienced birth injuries due to negligence by maternity staff or negligence by a midwife when you were an infant, you could make midwife negligence claims for compensation. Similarly, if you are a mother who was injured during childbirth due to negligence in midwifery practice, you could be entitled to make a compensation claim.

Why claim compensation for midwife negligence? You or your child will be compensated for the pain and suffering caused by the birth injuries. What’s more, you will also be awarded enough money to cover the costs of any past or future medical treatment, you or your child may need in the future. Compensation claims for birth injuries are not about taking advantage of a situation, it’s about holding the medical professionals or institution responsible for the birth injuries to account and claiming enough birth injury compensation to ensure you or your child receive the best possible medical care going forward.

How we can help

If you or your child has experienced negligence by maternity staff or negligence by a midwife, call Legal Expert today to see if you could make a midwife birth injury claim. We are a well respected personal injury solicitors firm, with an excellent track record of winning midwife malpractice cases, pregnancy medical negligence cases, and claims for traumatic birth compensation for claimants like you.

If you would like to claim compensation for your injuries, call Legal Expert today for your free legal consultation. We will let you know if you have legitimate grounds to claim compensation, estimate how much midwife negligence compensation you could be entitled to claim for your injuries or your child’s injuries and if you are happy to proceed, we will provide you with the right personal injury solicitor to midwife birth injury claim.

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A Guide To Midwife Birth Injury Claims

Midwife negligence claims

Midwife negligence claims

Whilst overall the number of neo-natal deaths in Britain are falling, the death or serious injury of an infant during childbirth is one too many.

A recent study by the Royal College of Obstetricians and Gynecologists called Each Baby Counts found that in 2015 126 babies were stillborn, 156 babies died within 7 days of being born and 854 suffered a severe brain injury which may lead to a long term disability.

Whilst some deaths or injuries may have been unavoidable, it’s thought that in at least 727 of these injuries medical negligence played a part. What are the causes of birth injuries? Researchers cited the following forms of negligence in midwifery practice and medical negligence as key contributing factors to stillbirths and serious birth injuries: not using traces from CTG machines to interpret baby heart-rate patterns and not properly monitoring the infant’s wellness during labour.

If you have experienced birth injuries, or your child has experienced birth injuries, which were caused by midwife negligence, you could be entitled to claim compensation for negligence in midwifery practice. In this guide we will define what medical negligence and midwife negligence are, we will look at examples of birth medical negligence cases, pregnancy medical negligence cases and midwife negligence cases.

We will look into how much compensation you could potentially claim with our birth injury compensation calculator, and take you through the process of using a no win no fee solicitor to make your personal injury claim.

What Are Birth Injuries?

Before we begin, let’s define what a birth injury is. A birth injury is a serious injury to an infant or mother, that occurs during childbirth. In some cases, birth injuries to a baby, or the mother, can be caused by medical negligence. All medical institutions and practitioners have a legal “duty of care” towards their patients.

When a medical practitioner, including a midwife, delivers substandard care which results in a patient becoming ill, injured or worsens a medical condition that they already suffer from, this is medical negligence. If a patient is harmed due to medical negligence, they have a right to claim compensation. This includes claims for midwife negligence compensation.

What Are The Causes Of Birth Injuries?

Unfortunately, negligence in midwifery practice and medical negligence by doctors and other maternity ward staff can lead to birth injuries to a baby or the baby’s mother.

What are the causes of birth injuries?

  • Unnecessary delays during the birth process. For example, one birth medical negligence case involved a mother being taken to a distant hospital, rather than the local hospital where she had planned to give birth and the baby not receiving the care he needed when he was born with the umbilical cord around his neck. Subsequently, the baby died when he was born.
  • Failure to adopt correct procedures and protocols.
  • Pregnancy medical negligence cases, where distress in the infant is not noticed before labour, or negligence by maternity staff when distress in a foetus is not noticed during labour.
  • Not requesting help from a senior member of staff during a difficult birth, or delaying a request for help.
  • Pregnancy medical negligence cases when expectant Mothers who report abnormalities or worrying signs are turned away from maternity units
    Incorrectly monitoring the baby’s heart rate.

Have you been a victim of midwife negligence which caused birth injuries to your baby? Or are you a mother that was injured as a result of delivery room medical negligence, or a person over the age of 18, who sustained birth injuries due to negligence by a midwife? You could be entitled to make a midwife birth injury claim for thousands of pounds in compensation. Call Legal Expert today, to see if you are owed midwife negligence compensation.

Common Birth Injuries A Midwife Can Cause?

Negligence in midwifery practice can lead to long term and permanent conditions such as Erb’s palsy, cerebral palsy, permanent brain damage, broken bones or fractured bones. In extreme cases broken or fractured bones or spinal injuries caused by negligence by maternity staff can lead to paralysis or partial paralysis. What are the causes of birth injuries? Incorrect use of forceps, or failing to notice distress in the foetus, or not realising that the foetus is deprived of oxygen (hypoxia) can all cause birth injuries.

We will look at these common birth injuries in more detail below.

Stillbirth And Neonatal Deaths Caused By A Midwife

Unfortunately, some stillbirths and neonatal cases can be caused by midwife negligence. This can include using too much force during the delivery and failing to spot the signs of a serious condition or distress in the foetus.

Stillbirths and neonatal deaths can also be caused by negligence on the part of other medical practitioners, such as gynaecologists. If you have been involved in a birth medical negligence case, which resulted in neonatal death or stillbirth, call Legal Expert to see if you are entitled to claim compensation.

Cerebral Palsy Caused By A Midwife

Cerebral palsy is a neurological disability that can have varying degrees of severity. The condition can be developed if a child becomes hypoxic (is denied oxygen during birth), causing brain damage, or can be caused by severe brain injuries.

Unfortunately, cerebral palsy is not curable but can be treated with physiotherapy, which in some cases can improve the person’s mobility. Sadly, there are birth negligence stories where midwives have acted negligently, causing or not stopping the child from developing cerebral palsy.

If your child has developed cerebral palsy due to midwife malpractice, you could be entitled to make a midwife negligence compensation claim worth tens, or even hundreds of thousands of pounds, to ensure that going forward your child has the best quality of life possible.

Claim Compensation For Erb’s Palsy

Erb’s Palsy, also known as Obstetric Brachial Plexus Palsy, is a disability that can be caused by medical negligence. It develops if the baby becomes stuck during birth after their head emerges but the shoulders get stuck. This position can damage key nerves in the brachial plexus, limiting the child’s mobility. Again this is an incurable disability, although it can be treated with physiotherapy.

Unfortunately, negligence on the part of a midwife, doctor or another medical professional can cause, or fail to prevent or worsen the child developing Erb’s palsy. If your child has developed Erb’s palsy due to midwife negligence, or another sort of medical negligence, you could be entitled to make a midwife birth injury claim worth tens of thousands of pounds or more.

Remember, it’s about to claim as much compensation as you can to ensure that going forward, your child can get the medical treatment they need and has the best quality of life. Call Legal Expert today, to see if you could be entitled to make midwife negligence claims.

Claim Compensation for an Ectopic Pregnancy

Ectopic pregnancies are pregnancies that occur when the foetus starts to develop outside of the womb. Usually in the fallopian tubes. Unfortunately, ectopic pregnancies always result in the foetus dying and can be dangerous for the mother, especially if the condition goes misdiagnosed, or medical staff do not respond correctly.

Legal Expert has an excellent track record of helping claimants claim compensation for ectopic pregnancy medical negligence cases. If you have experienced an ectopic pregnancy medical negligence case, call Legal Expert today to see if you are entitled to compensation.

Negligent Treatment Of Maternal Diabetes By A Midwife

Maternal diabetes, also known as gestational diabetes, is a form of diabetes that women can develop during pregnancy. If it is not diagnosed and treated swiftly, it can cause complications. This can include miscarrying the foetus or causing the foetus to have brain damage. It can also have negative health consequences for the mother.

Have you experienced a pregnancy medical negligence case where your maternal diabetes was misdiagnosed, or not treated correctly, harming you or your unborn child? Legal Expert could help you claim thousands of pounds in birth injury compensation. Call us today to enquire.

Pre-Eclampsia Midwife Compensation Claims

Pre-eclampsia is a condition that affects pregnant women, which causes high blood pressure, protein in the urine and other symptoms such as severe headaches, dizziness, the pain just below the ribs and problems with vision. The condition is usually spotted in routine appointments, if it goes untreated it can have negative consequences for the mother and the child.

When preeclampsia is diagnosed, the midwife will be responsible for monitoring the mother’s condition very closely. In the event of a seizure, the mother will need a magnesium sulphate injection to prevent harm to her or the baby.

If you have experienced pre-eclampsia negligence, such as your doctor failing to diagnose it properly, or the midwife failing to monitor and treat it properly, and it led to you or your baby being harmed, you could be entitled to claim tens of thousands of pounds in birth negligence compensation. Call Legal Expert today, to see how much compensation you could claim.

Claim For Congenital Hip Dysplasia

Congenital Hip Dysplasia is when a baby’s thigh bone becomes stable in its socket. In extreme cases, the thigh bone can become detached from the socket. The condition often stretched the ligaments abnormally and can lead to pain, joint stiffness and a limp in the future.

If the condition is diagnosed early, it can be easily corrected due to the use of a harness. However, if the condition goes undiagnosed due to medical negligence, more damage may be done and the congenital hip dysplasia may need surgery to be corrected. If your child has experienced congenital hip dysplasia negligence, you could be entitled to make midwife negligence claims for their birth injuries. Call us today about seeking birth injury compensation.

Statistics For Birth Injuries To A Mother Or Child In The UK

These statistics on birth injuries to babies are from the Office of National Statistics.

  • Children born to younger mothers experience a lower infant mortality rate. Infants born to mothers aged 20 or lower, experience 6.1 deaths per thousand live births, which is comparatively lower than the general sample of England and wales, which is 3.8 deaths per 1,000 live births.
  • The general infant mortality rate in 2013 in England and Wales is 3.8 deaths per 1,000 live births. This is, fortunately, the lowest it has ever been in medical history. Although of course, even one death per thousand live births, is one too many.
  • Sadly, in 2013, if the baby was born with low birth weight, the infant mortality rate rose to 32.4 per 1000 live births.
  • In 2013, there was a total of 2,686 infant deaths (deaths of children aged under one year), a portion of which was due to medical complications caused by birth injuries.

If your child tragically experienced infant mortality or a life-altering injury due to birth injuries caused by midwife negligence, you could be entitled to claim compensation for your injuries. Call Legal Expert today, to enquire about making a midwife birth injury claim today.

What Can You Claim For After Negligent Treatment By A Midwife?

If you have experienced midwife negligence which led to birth injuries that harmed you or your child, or you are now an adult over the age of 18, who suffered a birth injury caused by midwife negligence as an infant, you could be entitled to claim midwife negligence compensation.

Your midwife negligence compensation will be awarded in two parts, general damages and special damages. For example’s sake, let’s say that there is a midwife negligence case, where negligence in midwifery practice causes a child to develop cerebral palsy.

The child’s parents will be able to claim midwife negligence compensation on their child’s behalf, seek accountability and give the child the best possible care that they may need going forward.

The first part of the compensation award will be general damages, these will serve the purpose of compensating your child for any pain and suffering that may result from their injuries. The second part of the settlement, which will usually be smaller will be special damages. These will be to compensate the parent and child for any expenses they have already undergone and will require in the future to manage their condition.

This can include the cost of medical treatment, physiotherapy, home adaptations, mobility equipment and transportation. If one of the child’s parents or family members has had to take time off work to provide them with at-home care, they can also claim compensation to compensate them for their time.

Call Legal Expert today, to see if you are entitled to make a birth injury compensation claim.

How Much Compensation Can You Claims For Birth Injuries Caused By A Midwife

If you or your child have been harmed due to birth injuries, caused by negligence by a midwife, you could be entitled to claim thousands of pounds in compensation. Use our birth injury compensation calculator to estimate how much your midwife birth injury claim could be worth.

This compensation calculator provides compensation brackets based on the past settlement amounts, created by the Judicial College Guidelines. They can be used as guidance in valuing claims.

Updated August 2021.

Type of injury and how serious it isAmountFuther information
Internal Organs - damage to the organs of the chest£80,250 to £119,650Total removal of an organ.
Internal Organs - damage to the lungs£24,950 to £43,710Including damage to the chest and lungs.
Internal Organs - fractured ribs.Up to £3,150Fractred ribs and soft tissue damage.
Severe psychiatric damage£43,710 to £92,240There will be a very poor prognosis for the future and recovery.
Moderately severe psychiatric damage£15,200 to £43,710Future prognosis will be better than above but still not good.
Cerebral Palsy - moderate to severeup to £1,000,000Cerebral Palsy affecting the child.
Epilepsy - moderatly severe£119,650 to £174,620Moderate to severe intellectual issues.
Epilepsy - moderate£34,330 to £72,300Affecting memory and concentration.
Other Epileptic Conditions£8,480 to £20,950Cases with one to two episodes but which carries a no higher than average chance of future recurrance.

Please be aware, our birth injury compensation calculator is automatically generated and does not take your individual circumstances into account. For a personalised estimation of how much compensation you could receive, call Legal Expert today to see how much compensation you could be entitled to claim.

No Win No Fee Midwife Negligence Birth Injury Claims

At Legal Expert, we offer all of our clients seeking to make a personal injury claim the chance to make a no win no fee claim. This means that your solicitor will only charge you if you win your midwife birth injury claim. If you don’t win your claim, you won’t have to pay a penny, so there is no financial risk to you.

What’s more, there is no upfront fee to pay, making no win no fee claims the more affordable option for many of our clients. Read our online guide to making no win no fee claims, or call us today to enquire.

Contact Legal Expert Today

If you have a personal injury claim relating to midwife negligence, midwife malpractice or negligence in midwifery practice, you could be entitled to claim compensation for your or your child’s injuries.

Trust Legal Expert to represent your claim. Our solicitors have over 30 experience of in helping clients make personal injury claims, and would love to help you make a midwife birth injury claim for the compensation that you are entitled to.

Get in touch today for your free legal consultation and if you have a legitimate case, we’ll start with your claim right away.

Useful Links

Misdiagnosis compensation claims
Find out the compensation amounts you can claim for a misdiagnosed birth injury claim.

NHS on causes of cerebral palsy

This page has information on how cerebral palsy is caused by a brain injury that happens before, during or soon after birth, For more information visit this NHS website page.

How Much Compensation Can I Claim For A Birth Injury?
Find out more about the different types of birth injury for which you can claim compensation for.

Hospital Negligence Claims, How Much Compensation Can I Claim For Neglect?
Negligence can happen in many different ways in hospitals. Find out more in this article.

NHS hospital complaints  Citizens Advice
This Citizens Advice page has information about how to complain against the NHS also when you file your claim with Legal Expert we can help you complain against the NHS.

How do I make a complaint about an NHS service?

Find out more information on how to complain to the NHS after a birth injury.

How Much Compensation Can I Claim If I Have Suffered Child Abuse?
Child abuse is one of the most serious types of things you can claim compensation for. Find out more about these types of claims in this article.

Midwife Negligence Claims FAQs

How can I establish negligence?

If a midwife owed you a legal duty of care that they failed to uphold and you suffered as a result, this is typically known as negligence.

How long do I have to claim?

Most personal injury claims have a 3-year time limit within which they can be made.

Can I claim on behalf of someone else?

Yes, this is called acting as a litigation friend. For example, you may wish to claim on behalf of your child if they’re under the legal age to seek compensation.

How much compensation could I claim?

Every claim is valued according to the extent of each claimant’s suffering. As every case is different, there is no such thing as an average payout.

Can you claim for mental suffering?

Yes, whether you experienced post-traumatic stress disorder, psychiatric damage or emotional trauma, you could be able to claim for your suffering under general damages.

How can I contact Legal Expert?

Please call the number at the top of this page, chat to one of our advisors using the pop-up feature or click the contact tab to be taken to a contact form.

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