15 February 2024

Alix Walker, Head of the Clinical Negligence Department looks at childbirth claims.

Having a baby is one of the most joyous times in life, but also one of the most worrying and stressful times.  Most babies are born without incident, but sometimes things can go wrong.

In recent years maternity scandals, such as the one at Shrewsbury, have been in the media highlighting such problems, but what constitutes a claim?

Claims may arise for damage caused to mother or baby, either during pregnancy, labour, or delivery. Claims may also arise in the neonatal care of the baby (the period after the baby is born) or in the mother’s post-natal care.

Examples include;

• Cerebral palsy
• Erb’s palsy
• Shoulder dystocia
• Injuries caused by forceps delivery
• Injuries to mother (including episiotomy or perineal tears)
• Miscarriages or stillbirths
• Failed abortions
• Failed contraception or sterilisation

Proving negligence

In English Law you need to be able to prove;

• The standard of care provided fell below a reasonable standard that could be expected. This is more than just an element of poor care.  There has to be a definite breach of duty in the care provided, in other words no other treating clinician would have done what was done and
• That the breach caused or materially contributed to an adverse outcome.

It is not sufficient to prove a breach only (there must be a loss) and sometimes things can go wrong that are not necessarily negligent.

This is why if you think you may have been affected you should contact us to discuss any potential claim.

A mother has three years from the date of the negligence or when she became aware her injury was caused by potential negligence.  For a child a claim can be brought on their behalf within three years of when they turn 18 (however there is no limitation period for someone who does not have capacity to bring their own claim).  However, if you think you may have a claim we would suggest that you do not delay so that we can investigate the claim as soon as possible.

You can find out more information about birth injury claims on our website here.

How can True help?

If you believe that you have a case of potential negligence, you may be entitled to compensation.

Our solicitors dealing with clinical negligence claims are based at our Newcastle head office but can assist anyone in living in England and Wales with their case.

We offer our clients:

• A free initial, no-obligation assessment
• No Win, No Fee agreements
• Expertise in handling complicated clinical negligence cases

Our team of expert lawyers will be able to tell you whether you may have a case against your healthcare provider and can also advise you of the process should you wish to pursue a claim.