Pregnancy negligence claims

Pregnancy negligence claims

For finding answers and getting justice

When preparing to give birth, you expect the utmost attention from medical professionals who have a duty of care to you and your family. Sadly, mistakes can happen, resulting in birth injuries as a result of medical negligence.

A birth injury can happen at any stage of a pregnancy, including labour, wrongful birth and the post-birth period. It’s important to understand that when such incidents happen, it’s not just about healing and moving forward. It’s also about justice for you and your family, and accountability for the professionals involved.

At Switalskis, we understand the impact of pregnancy negligence. Our specialised team is here to help you navigate the legal process, offering our expertise in managing pregnancy negligence claims. We want to make sure your voice is heard and your rights are upheld.

To speak to one of our specialist pregnancy negligence solicitors about your situation in confidence, call us on 0800 1380 458, or contact us through the website.

How Switalskis can help you

When you've experienced pregnancy negligence, whether inflicted on the mother or child, it's important to have a team by your side that understands your situation and is deeply committed to fighting for your rights. Our professional team, equipped with years of experience and a profound understanding of the law, are experts in handling pregnancy negligence claims.

Our team is experienced in all aspects of maternity negligence compensation, including antenatal care negligence, labour and delivery negligence, and postnatal care negligence. With our extensive knowledge and expertise, we can provide you with comprehensive and effective legal advice, no matter how complex your case.

We believe in thorough investigations to build a strong case. Our team will meticulously examine your medical records, identify key instances of negligence, and engage medical experts who can provide specialist insights. This approach equips us to present the strongest possible case on your behalf.

We recognise the emotional trauma that comes with pregnancy negligence, and that's why we don't just offer legal support; we also offer emotional support. Our compassionate team is here to listen, to empathise, and to be there for you throughout the process. We'll keep you informed at every stage, answering any questions you might have and addressing all of your concerns.

Our solicitors are skilled at accurately valuing claims to make sure you receive a fair amount of pregnancy negligence compensation. We consider all aspects, including medical costs, counselling services, loss of earnings, and the pain and suffering you've endured. Our goal is to maximise your compensation to help your recovery and secure your future.

Read what our clients had to say about the help they received from Switalskis

What is classed as maternity negligence?

Maternity negligence, also known as obstetric negligence, refers to situations where a healthcare professional such as a doctor, nurse or midwife provides substandard care during pregnancy, childbirth or in the postnatal period, leading to harm or injury to the mother, the baby, or both.

Maternity negligence can take several forms, including but not limited to:

  • Birth injuries: This could involve negligence during a vaginal or caesarean birth, such as failure to monitor the baby's heartbeat properly, leading to oxygen deprivation and potentially causing conditions like cerebral palsy.
  • Misdiagnosis or delayed diagnosis: This could involve failure to diagnose conditions such as pre-eclampsia, gestational diabetes, ectopic pregnancy, or postnatal depression in a timely manner.
  • Poor antenatal care: This could involve failure to detect or manage issues such as placental abruption or foetal distress.
  • Negligence during postnatal care: This could involve poor management of maternal health after childbirth, leading to complications such as infections or severe perineal tears.
  • Medication errors: This could involve the incorrect administration of medication or the use of inappropriate medication during pregnancy or after childbirth.

In all of these cases, if the substandard care results in harm or injury to the mother or child, it can potentially be classed as maternity negligence. For a negligence claim to be successful, it must be demonstrated that the care fell below a reasonable standard and that this directly led to the harm or injury. Seek legal advice if you believe you have a claim for maternity negligence.

Making a pregnancy negligence claim

If you or your baby have suffered an injury or health complication due to negligence during your pregnancy, childbirth or the postnatal period, you have every right to seek compensation. Making a pregnancy negligence claim can seem daunting, but with Switalskis at your side, the process will be less intimidating.

Here is a step-by-step guide to making a pregnancy negligence or birth injury claim:

Step 1: Initial consultation

Get in touch with our team to schedule an initial consultation. During this meeting, we'll discuss your case, assess the viability of your claim, and guide you on the best course of action. We understand that each case is unique, so we tailor our approach to your specific circumstances.

Step 2: Establishing your claim

If is agreed that your claim has merit, we’ll start gathering evidence. This can involve obtaining your medical records, speaking to witnesses, and consulting with medical experts. We’ll look for any signs of negligence and build a strong case to demonstrate the breach of duty of care that resulted in your harm.

Step 3: Notifying the defendant

Once our team have gathered all necessary evidence, we'll proceed to file a letter of claim against the responsible healthcare provider. The claim will include all the details of the alleged negligence, the harm you've suffered, and the compensation you're seeking.

Step 4: Negotiation

Many cases are resolved out of court through settlement negotiations. We will strive to reach the best possible settlement for you, ensuring your compensation covers all of your medical costs, loss of earnings, pain and suffering, and any other expenses or damages you have experienced.

Step 5: Court proceedings (where necessary)

If we cannot reach a satisfactory settlement, we will not hesitate to take your case to court. Our experienced team will advocate for your rights and seek the maximum compensation you deserve.

Step 6: Settlement and compensation

Once your case is settled, whether through negotiation or court proceedings, our team will make sure that the compensation you receive is fair and just, reflecting the harm suffered and any future impact on your life.

Throughout the process, we’ll provide you with the emotional support you need, while tirelessly fighting for your rights. If you've suffered due to pregnancy negligence, don't hesitate to contact Switalskis. We're ready to help you every step of the way.

To speak to one of our specialist pregnancy negligence solicitors about your situation in confidence, call us on 0800 1380 458, or contact us through the website.

Our pregnancy negligence specialists

Photo of Suzanne Munroe
Suzanne MunroeDirector and Solicitor
Photo of Sarah Walker
Sarah WalkerDirector and Solicitor
Photo of Charlotte Reeves
Charlotte ReevesDirector and Solicitor
Photo of Kay Barnes
Kay BarnesDirector and Solicitor
Photo of David Thomas
David ThomasDirector and Chartered Legal Executive
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Is there a time limit on making a pregnancy negligence claim?

We understand that financial concerns should never be a barrier to you seeking justice. This is why we offer a variety of funding options to suit different circumstances and relieve any financial stress related to your claim.

One of the most common methods of funding a pregnancy negligence claim is a conditional fee agreement (CFA), also known as a no win, no fee agreement. With this type of agreement, you will not have to pay any upfront legal fees. If your case is successful, a percentage of your compensation will cover your legal costs. If your claim is not successful, you won't be liable to pay any legal fees, making it a risk-free option for many of our clients.

Alternatively, you might have a legal expenses insurance policy that covers the cost of making a claim. Such a policy could be part of your home or car insurance, or come with a credit card or bank account. If you're not sure whether you have this type of insurance, our team can help you find out.

In certain circumstances, Legal Aid may also be available for birth injury claims, which are among the most severe types of pregnancy negligence.

We aim to be as transparent as possible about our fees and funding options. We'll discuss these with you in depth during our initial consultation to make sure you're fully informed before moving forward with your case.

How much is a pregnancy negligence claim worth?

The value of a pregnancy negligence claim can vary depending on the severity of the harm caused, the long-term impact on the mother or child's health and wellbeing, and the financial loss experienced as a result of the negligence. Therefore, it's not possible to specify a precise amount without considering the unique details of a specific case.

In general, compensation for pregnancy negligence claims can be divided into two categories:

  1. General damages: this covers the pain, suffering and loss of amenity that the victim has experienced. The Judicial College Guidelines provide a range of potential compensation amounts for different types of injury, which can help to estimate general damages. For example, a very severe brain injury to a child leading to long-term disability could result in hundreds of thousands of pounds in general damages.
  2. Special damages: this covers actual financial losses experienced as a result of the negligence. It can include costs of additional medical treatment or rehabilitation, care costs, loss of earnings, and any future financial losses caused by the injury.

In serious cases, where negligence during pregnancy or childbirth has led to severe and permanent injuries, such as in a child, the total compensation could potentially amount to several million pounds. This is because future care costs, special accommodation, loss of earnings, and ongoing treatment needs are all considered.

It's essential to consult with a specialist medical negligence solicitor, who can provide a more personalised estimate based on your specific circumstances.

Can I claim compensation for traumatic birth?

You can potentially claim compensation for a traumatic birth if you can demonstrate that the trauma was a result of medical negligence. Medical negligence is defined as substandard care provided by a healthcare professional that directly causes harm or injury to the patient.

A birth can be classified as traumatic for many reasons, such as:

  • Excessive force used during delivery
  • Delay in performing a necessary caesarean section 
  • Improper use of birthing tools like forceps or vacuum extractors
  • Failure to properly monitor and respond to foetal distress signals

If any of these or other negligent actions led to injury to the mother or baby, it could form the basis for a compensation claim.

It's important to remember that a traumatic birth doesn’t necessarily indicate medical negligence. Childbirth can be unpredictable and complications can arise that are not due to any fault of the medical professionals involved. However, if it's determined that the healthcare professionals acted negligently and that negligence directly led to the trauma, there could be grounds for a claim.

If you believe you've suffered from a traumatic birth due to medical negligence, it's advisable to seek advice from a specialist medical negligence solicitor. They can guide you through the process of making a claim, which includes obtaining all relevant medical records, instructing independent medical experts to provide their opinion, and negotiating the maximum compensation on your behalf.

Why Switalskis?

Making a medical negligence claim can be a challenging, emotional journey. In such circumstances, a trusted, experienced partner is not just beneficial but essential. This is precisely where Switalskis stands firm as your ally.

Clarity in complexity

Medical negligence claims can seem overwhelming, but understanding it doesn't have to be. We’re dedicated to simplifying the legal terminology and processes. We take pride in addressing your concerns, unravelling the intricacies and ensuring you’re well-informed at each phase of your journey.

Empathy at every step

We make it a priority to immerse ourselves in your unique situation. We attentively listen to your worries, acknowledge your feelings, and offer considerate advice customised to your particular needs. We become more than just your legal representatives - we are your supporters. For us, you're not just another case but an individual grappling with a challenging and very emotional situation.

Expertise you can trust

When dealing with a matter as serious as a medical negligence claim, you need seasoned professionals on your team. Switalskis brings together years of unrivalled expertise and a track record of success in medical negligence cases. We're committed to championing your rights and achieving the best possible outcome for you and your family.

Championing your rights

Our devoted team is committed to protecting your rights and amplifying your voice. We will walk you through every stage of the claims process, ensuring you're well-equipped and confident to make informed decisions. At Switalskis, it's more than just a case - it's a crusade for justice and the compensation you rightfully deserve.

We can support you in the following medical negligence situations

Find out how Switalskis can help you

If you believe that you or a loved one have been subjected to medical negligence during pregnancy, it's vital you take that first step towards justice. Switalskis is here to guide you through the process, providing expert advice, emotional support and strong representation.

Contact Switalskis today by calling 0800 1380 458 or getting in touch with us through the website to discuss your concerns in confidence with a legal specialist.

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