Maternity negligence claims are a type of legal process allowing you to seek compensation for avoidable and unnecessary harm caused by poor antenatal care. Potential examples could include delays in escalating concerns, medication errors, and diagnostic or testing errors. Claims could involve care provided by medical professionals during pregnancy or labour which fell below that which could be reasonably expected. Maternity negligence claims typically need to be brought within 3 years of the incident or poor care, though there can be exceptions to this.
At Public Interest Lawyers, our experienced team could guide you through the process of claiming for negligent medical care. We understand the physical, psychological, emotional, and financial impact that medical negligence during pregnancy can have and are ready to help you. One of our solicitors could guide you through the claims process and secure the best possible outcome for your case.
Contact us today to learn more about how to get help on a No Win No Fee basis.
- Call 0800 073 8803 today.
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Jump To A Section
- What Are Maternity Negligence Claims?
- Can I Make A Claim For Negligent Maternity Care?
- Maternity Negligence Claims Examples
- What Injuries Could Result From Maternity Negligence?
- How Much Compensation Can I Get For Negligent Maternity Care?
- How Can I Prove Maternity Care Negligence Occurred?
- Is There A Time Limit To Claiming For Maternity Negligence?
- Why Choose Public Interest Lawyer’s Solicitors For Maternity Negligence Claims?
- Can I Claim For Negligent Maternity Care On A No Win No Fee Basis?
- Learn More
What Are Maternity Negligence Claims?
Maternity negligence claims are a way for women harmed by substandard antenatal care to seek compensation. You could make a maternity negligence claim if a medical professional or healthcare provider failed to provide care which was safe, appropriate, timely, and which met expected professional standards.
Pregnancy negligence claims could arise if a medical professional makes an avoidable error, negligently fails to diagnose a condition, or does not follow clinical guidelines on the provision of maternity care (such as antenatal care guidelines from the National Institute for Health and Care Excellence, NICE).
Please speak to a member of our team about your maternity medical negligence case.
Can I Make A Claim For Negligent Maternity Care?
You could make a claim for negligent maternity care if you were avoidably harmed (physically and/or psychologically) due to substandard antenatal care. This could include treatment provided by your GP, a hospital, or your community midwife.
Maternity medical negligence claims must meet three eligibility criteria.
1. A Medical Professional Owed You A Duty Of Care
All medical professionals, including doctors, nurses, midwives, and health visitors, automatically have a duty of care to patients. They must ensure that any maternity care dispensed meets expected professional standards.
2. The Duty Was Breached
Pregnancy negligence claims need to provide a strong and comprehensive body of evidence showing that the maternity or antenatal care provided fell below the minimum expected professional standard. For example, a midwife failed to diagnose the clear signs of gestational diabetes in the mother leading to preeclampsia, risking both the mother’s and baby’s lives.
3. You Were Avoidably Harmed
You need to show that the breach identified above led to avoidable and unnecessary physical and/or psychological harm. In the above example, preeclampsia is a serious and potentially life-threatening condition affecting the mother and baby.
Can I Make A Claim On Behalf Of My Baby?
You could make a pregnancy negligence claim on behalf of a loved one, such as your baby. Those below the age of 18 are, by law, not able to claim compensation on their own behalf. Instead, a parent (or other suitable adult) may act on their behalf, as a litigation friend. This is a role appointed by the courts.
You can learn more about your right to make an antenatal or pregnancy negligence claim on behalf of yourself or someone else by speaking to a member of our medical negligence team.
Maternity Negligence Claims Examples
Examples of when maternity negligence claims could be made can include the negligent failure to investigate symptoms, misinterpreting antenatal test results, and test errors. Below, we look at potential examples of when you could make a claim.
- Test errors, this could include the incorrect handling of test results, the failure to carry out appropriate tests, and misinterpreting the results (such as blood tests or antenatal scans).
- Gynaecological negligence, failures to assess cervical or pelvic conditions during pregnancy, such as infections or endometriosis‑related complications.
- Administrative errors, such as lost or incorrect medical records or missed appointments.
- Failure to obtain informed consent, prior to carrying out antenatal care or treatment during labour.
- Hospital negligence, this could include negligent blood transfusion errors, triage delays, or poor communication between hospital teams.
- Negligent repair of vaginal tears, such as the failure to properly repair fourth degree tears causing both severe physical and psychological issues.
Speak to a maternity negligence solicitor today if you suspect your maternity care was negligent and find out whether you can make a claim.
What Injuries Could Result From Maternity Negligence?
Infections and sepsis, undiagnosed conditions (such as pre-eclampsia), unmanaged gestational diabetes, and severe bleeding could all result from maternity negligence. Avoidable complications and antenatal injuries could include:
- Mental health conditions, such as antenatal anxiety, postnatal depression, or trauma linked to negligent treatment.
- Severe bleeding, may cause serious injury and could even be life-threatening. It may occur due to missed warning signs or delayed interventions.
- Infections, caused by inadequate monitoring or delayed treatment.
- Mismanaged or undiagnosed pre eclampsia, leading to organ damage, dangerously high blood pressure, and seizures.
- Undiagnosed or poorly managed gestational diabetes, resulting in serious health complications for the mother.
Request a call back from our medical negligence team if you have been affected by any of the issues raised in this guide.
How Much Compensation Can I Get For Negligent Maternity Care?
How much compensation you could get for negligent maternity care depends on the severity of the harm suffered, the long-term impact on your health, and any financial losses you sustained. Legal professionals may turn to the Judicial College Guidelines (JCG) to assess the value of the harm you sustained. The JCG sets compensation brackets for different types of harm, we have added relevant examples here.
| Type Of Harm | Severity | Compensation Bracket |
|---|---|---|
| Multiple forms of harm and special damages, covering medical costs, care bills, and lost income. | Multiple serious or severe types of harm. | Up to £500,000+ with special damages. |
| Female reproductive system. | (a) Infertility, caused by disease or injury, with sexual dysfunction depression, anxiety, and pain. | £151,790 to £224,670 |
| Female reproductive system. | (b) Sexual dysfunction in a person who would not have had children, or who already has them. | £56,820 to £134,900 |
| Female reproductive system. | (c) Infertility, no sexual dysfunction or aggravating features. | £74,090 to £94,260 |
| Female reproductive system. | (d) Infertility, no medical complications or sexual dysfunction. | £23,730 to £48,540 |
| Female reproductive system. | (f) Delays in diagnosing ectopic pregnancies. | £8,730 to £24,680 |
| Psychiatric damage | (a) Severe problems in multiple areas of life. | £72,440 to £152,900 |
| Psychiatric damage | (b) Moderately severe, whilst there are significant problems as above, the outlook is better with treatment. | £25,190 to £72,440 |
| Post-traumatic stress disorder. | (a) Severe cases involving permanent effects in the person. | £79,080 to £133,000 |
| Post-traumatic stress disorder. | (b) Moderately severe cases with a more optimistic prognosis with help. | £30,580 to £79,080 |
Please note, these figures are not guaranteed and that the figure for multiple injuries is not from the JCG.
Can Maternity Negligence Claims Compensate For Financial Losses?
Maternity negligence claims can compensate for financial losses such as medication, medical treatment, and lost income. In order for you to be compensated for any such losses, you must provide proof, such as bank statements or invoices for medical treatment. You could be compensated for,
- The cost of private medical treatment, including therapy to come to terms with negligent maternity care.
- Prescription medication costs, such as painkillers and antibiotics, due to a worsening infection as a result of a midwife misreading test results.
- The cost of travelling to get medical care. For example, as a result of a negligent midwife, you may now need to give birth in a larger, specialist hospital. You can claim back the costs of getting there.
- Income lost due to taking time off work if you or your partner need additional time off, or cannot return as a result of the maternity negligence.
- Specialist equipment to care for yourself or your baby as a result of the substandard maternity care.
A solicitor from our team could assess the value of the harm you suffered and ensure that you claim for any special damages.
How Can I Prove Maternity Care Negligence Occurred?
You can prove that maternity care negligence occurred by showing that you were under the care of a medical professional, that they breached their duty of care, and that this caused you avoidable harm.
Evidence which could help to prove medical negligence could include your maternity notes, records of antenatal scans, and other relevant medical records or correspondence with your healthcare provider showing how your care was managed and where things went wrong.
A member of our team can help you collect evidence to prove medical negligence occurred.
Is There A Time Limit To Claiming For Maternity Negligence?
Yes, maternity negligence claims are subject to a 3 year time limit. This is set by the Limitation Act 1980 and can begin either on the date on which negligent treatment occurred, or the date it was connected to a breach of duty.
You can learn more about the time limit in our guide, or by contacting one of our medical negligence solicitors.
Why Choose Public Interest Lawyer’s Solicitors For Maternity Negligence Claims?
All of our solicitors understand the impact negligent maternity care can have on women, the urgency in obtaining the right medical care, and the importance of securing compensation and accountability from your healthcare provider. Getting the right solicitor and legal team behind you can help to ensure you have the help, access to further treatment and rehabilitation, as well as the compensation you need.
One of our solicitors could provide you with an individually tailored service, including,
- An assessment of your maternity injuries carried out by appropriate medical professionals. This can help to assess how much compensation you may be owed.
- An assessment of your eligibility to claim an interim payment to help meet medical or care expenses.
- Access to antenatal, postnatal and other maternity services, helping to address any ongoing health concerns.
- Guidance through the maternity negligence claims process, ensuring you meet all time limits and collect a strong body of evidence.
- A comprehensive No Win No Fee service, meaning you won’t have to make any upfront payments for your maternity negligence solicitor’s work.
Please contact Public Interest Lawyers today to find out more about how a solicitor could help you.
Can I Claim For Negligent Maternity Care On A No Win No Fee Basis?
Yes, you could claim compensation for the impact of negligent maternity care on a No Win No Fee basis. To enable you to do so, your solicitor may offer you a Conditional Fee Agreement (CFA). A CFA allows the solicitor to provide you with their services, without you needing to pay for them in advance. You would also not need to make payments for the solicitor’s work whilst the claim is underway, or if you do not win.
Your solicitor will charge a success fee in the event you win your claim. This fee is legally limited, charged as a fixed percentage, and agreed upon in advance. This means there are no surprises and you receive the majority of your compensation.
Our solicitors are here to support you at every stage of the claims process, from initial enquiry, to resolving your case. Please contact us today for help and support regarding maternity negligence claims.
Contact Public Interest Lawyers
Contact Public Interest Lawyers today to get the help and support you need following maternity medical negligence.
- Phone 0800 073 8803
- Click to contact us using our form.
- Speak to us live below.
Learn More
Learn more about medical negligence claims in these resources.
- Birth injuries can be traumatic for both mother and baby. Find out how to claim here.
- Here we look at how to claim for harm caused by oxygen starvation at birth.
- In this guide we look at the impact of prescription errors and how to claim compensation.
References.
- View the NHS maternity transformation program.
- Access NHS mental health and support services here.
- Get an overview of maternity pay and leave here.
If you or a loved one have been impacted by any of the issues raised in this guide, please contact our team. We are here to support you through the maternity negligence claims process.