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

By Marlon Cooke. Last Updated 8th March 2024. 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.

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.

Please read on to learn more about midwife negligence claims and to get answers to important questions, such as “can I sue a midwife?”

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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.

The Royal College of Obstetricians and Gynaecologists created a study called Each Baby Counts. The final progress report of this study found that, in 2018, there were 121 reported stillbirths, 165 babies that died within seven days of birth and 859 babies that had severe brain injuries. Severe brain injuries could lead to a long-term disability.

Some deaths and injuries to babies are unavoidable. However, you could claim if you’re able to prove that injury or death was caused by midwifery negligence. 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, 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” toward 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.

Can I Sue A Midwife?

Due to the topic of the article, you may be wondering, “can I sue a midwife?” You can sue for the negligent actions of a midwife, but whether you can sue a midwife directly is a complex issue. In many instances, midwife negligence cases will be made against the employer or healthcare provider that the midwife works for. 

However, there are some midwives that work privately. If a private midwife has caused you or your baby injury due to their negligence, you would claim directly against them. The importance of gathering evidence, medical reports and assessing the long-term effects of the injury would still be vital to receiving compensation. 

To learn more about claiming for midwifery negligence, please contact our team for free legal advice using the above details.

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 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.

In general, with midwife negligence claims, the more severe the injury or injuries are, the more compensation you could receive should your claim be successful. 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 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.

Remember, it’s about claiming 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.

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. Midwife negligence claims can arise both from injuries or death caused to the baby and the mother. Multiple injuries can be compensated for under the same claim.

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.

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, 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.

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.

  • In 2020, there were 2,226 infant deaths. For the purposes of this data, infants are classed as anyone under the age of one. 
  • The general infant mortality rate in 2020 in England and Wales is 3.6 deaths per 1,000 live births. This continues to reinforce the fact that there has been a general decline in the infant mortality rate since 1980. 
  • The neonatal mortality rate (aged under 28 days) was 2.7 live deaths per 1,000 live births.

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, 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 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.

Maternity Negligence Claims – Compensation Examples

As we have discussed, maternity negligence claims can comprise of a wide variety of injuries, to both the mother and the child.

The table below lists some examples of what injuries could potentially be claimed for in pregnancy negligence claims, and the compensation brackets attached to them in the 2022 version of the Judicial College Guidelines. The amounts shown are examples of general damages – the amount awarded for the pain and suffering an injury has caused.

Type of Injury Severity Bracket of Compensation Features of Injury
Back Injury Severe (i) £91,090 to £160,980 Long term spinal cord & nerve damage
Epilepsy £102,000 to £150,110 Established Grand Mal
Epilepsy £54,830 to £131,370 Established Petit Mal: Factors that dictate the compensation amount include the extent to which medication is required and their effect on work/social life.
Epilepsy £10,640 to £26,290 Other Epileptic Conditions: One or two discrete epileptic episodes or a temporary resurgence of epilepsy.
Psychiatric Damage Generally Moderately Severe £19,070 to £54,830 There will be significant issues to the injured person’s ability to deal with aspects of life, such as work, education and interpersonal relationships.
Psychiatric Damage Generally Moderate £5,860 to £19,070 There will be psychiatric issues. However, there will be a marked improvement by trial. Due to this, there will be a largely positive prognosis.
Reproductive System: Female £17,960 to
Infertility without any medical complications where the injured person already has children.
Reproductive System: Female £3,390 to
Where there is a delay in the diagnosis of ectopic pregnancy but where fertility is not affected.
Pelvis and Hips Moderate (i) £26,590 to £39,170 Significant injury to the hip or pelvis. However, there is no major permanent disability caused and there isn’t a large amount of future risk.
Pelvis and Hips Moderate (ii) £12,590 to £26,590 Cases of this nature may result in a hip replacement being required.

You are also able to claim compensation for how you were financially affected by the injury.

For example:

  • Being unable to work and losing income
  • Care and recuperation costs
  • Long-term aids, such as a wheelchair (if the injury had caused a permanent disability)
  • Therapy or other treatment costs

If you have been affected by negligence during childbirth, then please reach out to our team to discuss childbirth negligence claims and any help you may need with taking action for the negligence.

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. Furthermore, we can also help if you have questions about midwife negligence claims. You can contact us at a time that works for you on a no-obligation basis.

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.

Other Useful Compensation Guides

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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    • 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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