By Jo Anderson. Last Updated 13th September 2023. No matter the safeguards put in place, birth injuries can and still do happen. The impact of errors in the delicate birthing and maternity process can lead to huge complications for both the child and the mother.
In this guide, we discuss birth injury claims in more detail. We explore the types of injuries that can happen, discuss how they might occur, and your legal rights if you are impacted.
You can also find examples of compensation payouts for birthing injuries too, as well as advice on how to find a reliable solicitor who can represent you on a No Win No Fee basis.
Speaking of which, if you do need the support of a medical negligence solicitor, we can help. Accident Claims UK boasts a team of specialists in clinical negligence, some of whom have settled claims for millions of pounds.
You can get in touch with us today by:
- Calling us on 0800 073 8801
- By chatting with us via our live chat service
Select A Section:
- Birth Injury To The Mother – Claim Time Limits
- How Is The Severity Of A Maternal Birth Injury Assessed?
- Medical Negligence Leading To Maternal Birth Injuries
- What Should You Do As A Mother Who Has Suffered An Injury During Childbirth?
- What Could You Include In A Maternal Birth Injury Claim?
- Maternal Birth Injury Compensation Payouts
- No Win No Fee Maternal Birth Injury Compensation Claims
- Helpful Resources And Guides
After an injury to a mother during birth, there are time limits that apply for starting a claim. As with any type of medical negligence claim, you typically have three years from the date of the harm to take action.
However, when birth injuries to a mother who is under 18 years old occur, the time limit does not begin until their 18th birthday. If the claimant wishes to bring forward a claim before they turn 18, a litigation friend can start a claim on their behalf.
Another exception to the time limit applies if a birth injury to a mother is sustained but the mother lacks the mental capacity to make a claim. In this case, the time limit is suspended unless they regain the ability to make their own decisions. Again, a litigation friend can claim on their behalf before this point.
When claiming after a birth injury to a mother, compensation can be affected by various factors. We would recommend you start your claim as soon as possible. Speak to us if you have any concerns about meeting the time limit and we can clarify if you can still start a claim.
How Is The Severity Of A Maternal Birth Injury Assessed?
When a mother is injured in childbirth, and attempts to make a compensation claim for her injuries, then the security of the injuries will be one of the major drivers in calculating the level of compensation. There are a number of things which are used to judge severity, such as:
- Level of pain – how much physical pain the mother was in when the injuries happened.
- Trauma – how much mental anguish the injuries caused.
- Long-term effects – if the injuries will have an effect on the mother’s life for the long-term or permanently.
If you have suffered a maternal birth injury, Accident Claims UK can help by letting you know how severe it would be judged, and how much compensation you might be able to claim. Call us on the number at the bottom of this guide to proceed with this.
Medical Negligence Leading To Maternal Birth Injuries
One of the main causes of injuries to a mother, is medical negligence during childbirth. Every medical professional, including a midwife, is required to never harm a patient in any way. The duty of care works like this:
- A medical professional had a duty of care towards a patient they are treating.
- The medical professional fails in this duty of care, and causes harm to the patient in some way.
- The failure in the duty of care, and hence the harm that the patients suffered, could have been avoided.
This is a textbook example of medical negligence. Accident Claims UK is very experienced with negligence claims, and we are sure that we can help with yours. Call us on the number at the end of the page to learn how we can do this.
What Should You Do As A Mother Who Has Suffered An Injury During Childbirth?
If you are a mother that has been injured during childbirth, there are a number of steps that you can take, to ensure that your personal injury lawyer has the greatest chance possible of winning your claim. These are:
- Gather evidence – this won’t be applicable in all cases, but in some, such as contracting an infection, taking photographs can be of help here.
- Have an independent medical examination – Accident Claims UK can help with this, we can arrange for you to have a free local medical examination.
- Document the timeline – so that you have all of your facts in order, so that your claim will be clearly defined.
- Document losses – either financial or otherwise that could be claimed for.
Taking steps such as these above will give Accident Claims UK the best chance possible of winning you the maximum compensation possible. Call us on the number at the bottom of this page when you are ready to proceed with a claim.
What Could You Include In A Maternal Birth Injury Claim?
When you make a compensation claim for a birth injury, the compensation that you win will be made up of a number of different types of damages. Each one compensates you for a different reason, and these could include:
- General damages (physical effects of a birth injury or medical condition):
- Pain – of the initial injury and the initial treatment of the injury.
- Trauma – the shock and mental anguish of receiving the injury.
- Long-term recovery – if you will spend a lengthy time getting well, and you will be in pain while you heal.
- Permanent disability – if your injuries will leave you permanently disabled in some way, that will lower your quality of life.
- Special damages (for the financial and other losses caused by a birth injury):
- Travel costs – if you had to travel to get treatment.
- Medical fees – if you had to pay for any private treatment.
- Care costs – if you had to hire a nurse, or somebody to help you out at home.
- Loss of earnings – if you had to take time away from work due to your injuries.
- Loss of future income – if your future ability to work will be affected by your injuries.
Maternal Birth Injury Compensation Payouts
As we mentioned at the start of this guide, we did not include a birth injury compensation calculator. These are really only gimmicks and rarely accurate. Instead, we have provided this table that covers typical amounts paid for a number of potential birth injuries:
|Complete loss of movement from the waist down.
|Shorter Durations (c)
|Death occurs due to unrelated reasons a short time after the accident.
|Loss of function of the bowel entirely, as well as severe problems with urinary function, with additional complications.
|Loss of function of the bowel completely, as well as problems with urinary function.
|An amount of function of the bowel, as well as potential problems with urinary function.
|Short-term injuries to the bowel, that will heal fully after a few days.
No Win No Fee Maternal Birth Injury Compensation Claims
If you’re eligible to claim compensation for a maternal birth injury, or you’re wondering whether a birth injury to the mother of your child could lead to her being able to claim, you might wish to get legal advice.
After all, a legal professional could guide you through the eligibility criteria for making a claim, and they could negotiate for a compensation settlement appropriate for the pain and suffering an injured mother has experienced.
Handing over the legal legwork for such a claim to a solicitor does not have to mean that you’d have to pay them upfront. One of our solicitors could work on your claim under a Conditional Fee Agreement (CFA), a type of No Win No Fee arrangement.
Under a CFA, you would not pay your solicitor until your claim ends and compensation comes through. When this happens, your solicitor will deduct a small percentage of your payout as a success fee. If your claim fails, you would not usually have to pay them for their work, per the terms of the CFA.
To check your eligibility to claim compensation under a CFA, why not get in touch?
- Call 0800 073 8801 for immediate help
- Use Live chat to connect with an advisor
- Contact us online.
Helpful Resources And Guides
At this link, you will find detailed information from the NHS about Episiotomy:
The basic pregnancy and baby guide from the NHS can be found at this link:
There are also a number of guides on this website that you might find valuable, and these include: