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Maternal injury compensation claims

A mother or birthgiver can experience physical and mental health challenges throughout pregnancy, labour and during the post-natal period.

When a mother suffers a maternal injury during labour she can be left with life changing injuries which can have a considerable and ongoing effect on her mental health which can impact upon her baby and her family.

If you believe that you may have a negligence claim in relation to treatment you received during labour or delivery, then please contact a member of our medical negligence specialist team today. We are dedicated to protecting your best interests and can advise you on how to proceed. If after talking to us you decide not to take matters further you are under no obligation to do so and you will not be charged for our initial advice session.

What are the type of maternal injuries?

Many women suffer from injuries during the course of their pregnancy and labour which can cause trauma, prolonged recovery and can affect women’s day to day quality of life. Some of the more common injuries to mothers include:

  • Ectopic pregnancy
  • Pre-eclampsia
  • Bladder and bowel complications
  • Postpartum Haemorrhage (PPH)
  • Infections
  • Pelvic organ prolapse
  • Retained placenta
  • Maternal mortality
  • Post Traumatic Stress Disorder (PTSD)
  • Child bereavement

Many women seek help for their child who might have suffered an injury but often forget the importance of their own physical and mental health. We have a wealth of resources to advise and support you.

How to bring a claim?

If you have sought advice from the medical professionals who treated you and remain dissatisfied, or you have made a complaint and are unhappy with the response you have received, the next step is to contact a specialist medical negligence solicitor.

It is important to remember that not all women who are injured during the birth of a child are eligible for compensation, and you will need expert advice to assist you in determining whether you have a claim.

In order to succeed in a claim for negligence, we need to prove that:

  • The doctor or other medical professional owed a duty to take care of you and/or your baby and not cause injury
  • There was a breach of that duty to take care
  • That breach of duty has caused harm to you and/or your baby
  • Damage or other losses have resulted from that harm

It is usually straightforward to show that a doctor or other healthcare professional owed a duty of care to a patient.

To establish whether there was a breach of that duty, it is necessary to show that the doctor or medical professional’s actions fell below a minimum standard of a reasonably competent doctor or medical professional in this particular field of medicine.

In addition to proving that the doctor or medical professional has failed to meet the relevant standard of care, we also have to establish that this failure either directly caused the injuries alleged or significantly contributed to them.

What are the time limits for brining a claim?

All medical negligence cases are subject to time limits, and it is best to contact a solicitor as early as possible to ensure your case can be dealt with.

Generally the time limit for bringing a medical negligence case is three years from the date the treatment took place or the date you were made aware that something had gone wrong.

These rules can be extremely complex and varied, and a lawyer will be able to check which time limit applies to you after some initial investigations. In some cases time limits can be extended.

Why choose us for your medical negligence claim?

Our medical negligence solicitors have been top-ranked by both the Chambers & Partners and Legal 500 independent legal guides for this area of the law. We are the only top-ranked firm in both directories for medical negligence in Wales and one of the largest practices in the UK. Our lawyers are highly experienced and can provide a wide range of professional services.

Medical negligence claims can be difficult to prove, so it is vital to have understanding and dedicated solicitors on your side to assist you through the process. They will try to ensure that you receive the maximum amount of compensation to which you are entitled to.

  • Hugh James is one of the leading injury compensation claim firms for medical negligence in England and Wales.
  • Per annum, we recover over £30 million in medical negligence compensation for our clients.
  • We have offices in Cardiff, London, Manchester, Plymouth and Southampton, and can represent clients without the need for lengthy face-to-face meetings.
  • We have a range of qualified staff, including a former midwife, qualified nurse executives, welfare benefits advisors, medical records officers and qualified social workers – to ensure your case has the best possible chance of success.
  • We can advise you on all aspects of your medical negligence claim, which includes social services involvement, financial advice and rehabilitation.
  • We are accredited by medical negligence charity Action against Medical Accidents (AvMA) and regulated by the Solicitors Regulatory Authority (SRA).

Find out about our firm or check out our Trustpilot reviews for further peace of mind.

Key contact

Ruth Powell

Partner

Ruth is a Partner and Head of our Clinical Negligence Department. She has exclusively practised in clinical negligence since qualifying in 1995 and has a wealth of experience in complex and high value clinical negligence claims.


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