Birth Injury to Mother Claims Solicitors

In most scenarios, there is a window of three years from the date you became aware that your injury was sustained to make a claim. However, there are exceptions to this rule.

Young mothers under the age of 18 have three years from the date of their 18th birthday to make a claim, while there is no time limit for a claimant who is mentally incapacitated.

If your three-year window has expired, we would still encourage you to get in touch. Every claim is at the court's discretion, and we will be able to advise you on whether or not your claim is still viable during a free consultation.

If trauma before, during or following childbirth has affected you physically or emotionally, professional legal advice from a trusted firm puts you on the path to the compensation you deserve.

Our specialist solicitors understand that coming to terms with a temporary or permanent birth injury can be a difficult and overwhelming experience. We strive to answer your questions as comprehensively as we can, and provide clear guidance at every step of the process.

• We offer our expertise on a ‘no win, no fee’ basis
• 96% of claims we handle are settled outside of the courtroom
• Our in-house medical professionals will assist with your case

If you believe that your health or safety was compromised before, during or after birth by the oversight of medical professionals, complete our online form or get in touch and let us help secure your right to justice.

There is a long list of potential issues and injuries mothers may experience before, during and after childbirth:

Failure to manage preeclampsia

Preeclampsia is a condition that can affect both mother and baby, characterised by maternal high blood pressure and protein in the mother’s urine. The only cure for preeclampsia is to deliver the baby, but medication can help treat the symptoms until the baby can be delivered safely.

As soon as preeclampsia is diagnosed, the mother should be immediately referred to a specialist and monitored for the remainder of the pregnancy. A misdiagnosis, delay in referring or poor monitoring can place both mother and baby at serious risk.

Perineal tears

Perineal tears are injuries that many mothers will experience naturally during childbirth in varying degrees of severity. The classification of the tear may depend on the size of the newborn, their orientation at birth and whether or not medical assistance was required, among other factors.

Swift and precise treatment of a perineal tear is vital. A wrongly diagnosed or poorly treated perineal tear can have lifelong consequences for the mother, such as faecal incontinence and difficulty holding wind, making it difficult for them to socialise and care for their newborn.

Issues surrounding an episiotomy

An episiotomy may be performed to widen the vaginal opening and ease the baby’s passage. Should a healthcare professional fail to recognise the need to perform this procedure and this results in a vaginal or perineal tear, this may be considered negligent.

Furthermore, if the episiotomy is performed incorrectly, or the stitching is inaccurate or ineffective, this may also be grounds for a negligence claim.

Caesarean section complications

Whether planned or an emergency procedure, there are several risks involved in a caesarean section that can emerge as a result of substandard care, including:

• Failure to take adequate care provisions before the birth
• A delay in performing the procedure
• The mother or baby contracting an infection post-surgery
• Scarring or infection due to insufficient or ineffective stitching
• Critical surgical errors that cause injury to the baby or mother

Prolapsed uterus following labour

A mother during childbirth may also suffer a uterine prolapse, which is when the pelvic floor muscles and ligaments stretch and weaken, meaning they can no longer keep the uterus in place. This is rarely life-threatening, but an out-of-position uterus can cause discomfort and negatively impact a mother's quality of life.

Postpartum haemorrhage

Bleeding is a natural part of the birthing process that every mother will experience in the days and weeks after their baby is born. Over time, the bleeding should naturally subside. However, a postpartum haemorrhage (PPH) describes a heavy bleed that can be life-threatening if not treated swiftly.

If this is not addressed quickly enough, or the severity of the bleeding is underestimated, it can place the mother’s health in serious jeopardy.

Other common maternal birth injuries include nerve damage, pelvic floor injuries, a ruptured uterus and broken bones.

An injury sustained before or during labour can impact the mother's ability to bond with her baby. The pain or discomfort could make mobility difficult, and in more serious cases, the mother may stay separated from their infant for some time to recover, which may make breastfeeding difficult to establish.

Sustaining an injury that lasts beyond childbirth can be debilitating. Depending on the type and severity of the issue, mothers could require corrective surgery, additional time off work, or assistance at home and in the community.

Of course, the impact of childbirth-related injuries is not just physical. Suffering trauma before, during or after labour can have a very significant and detrimental impact on the mental health of a mother, such as increasing the likelihood and impact of postnatal depression:

• Postnatal depression may make it difficult for a mother to bond with her baby
• Post-traumatic stress disorder can lead to feelings of depression or isolation
• Mothers can find it harder to sleep, resulting in irritability and unhappiness
• Exhaustion and hopelessness can sap away energy and focus