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Midwife Misdiagnosis Claims Guide

By Fern Mitchell. Last Updated 9th April 2021. Welcome to our guide on midwife misdiagnosis claims and midwife negligence compensation. 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.

midwife misdiagnosis claims and midwife negligence compensation

Midwife misdiagnosis


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.

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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 being developed 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 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.

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 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.

Still Birth / 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 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 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. 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 In these cases the injured person will have marked problems with respect to life, education, work and relationships, and the prognosis will be very poor £54,830 to £115,730
Psychological trauma In these cases the injured person will have significant problems with respect to life, education, work and relationships, but the prognosis will be more optimistic than above. £19,070 to £54,830
Psychological trauma In these cases the injured person will have had some problems with respect to life, education, work and relationships, but there will have been marked improvement and a good prognosis. £5,860 to £19,070
Psychological trauma The level of the award will take into consideration the length of the period of disability and the extent to which daily activities and sleep were affected. £1,540 to £5,860
Post-traumatic stress disorder Cases will involve permanent effects which prevent the injured person from working at all or at least from functioning at anything approaching the pre-trauma level. £59,860 to £100,670
Post-traumatic stress disorder In these cases, the effects are likely to cause significant disability for the foreseeable future. £23,150 to £59,860
Post-traumatic stress disorder In these cases the injured person will have largely recovered and any continuing effects will not be grossly disabling. £8,180 to £23,150
Post-traumatic stress disorder In these cases a virtually full recovery will have been made within one to two years and only minor symptoms will persist over any longer period. £3,950 to £8,180
Reproductive injury Infertility whether by reason of injury or disease, with severe depression and anxiety, pain, and scarring. £114,900 to
Reproductive injury Infertility resulting from failure to diagnose ectopic pregnancy where there are resulting medical complications. The upper end of the bracket will be appropriate where those medical complications are significant. £3,390 to

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 midwife negligence compensation you may get, please give our friendly team a call.

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. While starting a claim may seem daunting, one of our No Win No Fee solicitors may be able to help.

By working under the terms of a Conditional Fee Agreement (which is a type of No Win No Fee agreement), one of our solicitors could offer their services without asking for any upfront or ongoing fees. Additionally, when working with a No Win No Fee solicitor, you only pay a success fee in the event of a successful claim. This is a legally capped percentage that your solicitor will deduct from your award. However, if your claim does not succeed, then you usually aren’t expected to pay your solicitor for their services.

Our team of advisors are here to help. When you get in touch, they can help you identify whether you are eligible to claim compensation. If your claim is valid, they may then connect you with one of our solicitors.

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 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.

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.

Thank you for reading our guide on midwife misdiagnosis claims and midwife negligence compensation.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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