Maternal Negligence & Birth Injuries
Maternal & Birth Injury: Negligence Claims
We understand the emotional and physical trauma that maternal negligence and birth injuries can inflict so our specialist lawyers are here to provide compassionate and expert legal support, ensuring you receive the compensation and justice you deserve.
Understanding Maternal Injuries
Maternal injuries refer to the harm caused to a mother during pregnancy, labour, or childbirth.
These injuries can range from relatively minor to severe and life-altering, significantly impacting a mother’s physical and emotional well-being. Recognising the signs and understanding the causes of maternal injuries are crucial steps in pursuing a claim if substandard care is suspected.
Types of Maternal Injuries
Numerous types of maternal injuries can occur during childbirth, some being more common than others. One frequent injury is a perineal tear; tears are classified by severity, with fourth-degree tears being the most serious. Failures in medical care can lead to severe tears or a failure to diagnose and treat tears promptly.
The impact of birth injuries on mothers can be far-reaching, affecting not only their physical health but also their psychological and emotional well-being. The recovery of compensation can significantly aid in accessing private corrective surgery and other treatments, alleviating the ongoing suffering caused by these injuries.
Medical Negligence in Childbirth
Medical negligence in childbirth arises when the care provided by medical professionals during pregnancy, labour, or delivery falls below the accepted standard of care, resulting in injury to the mother. This can involve errors in judgment, omissions, or a failure to adhere to established medical protocols. Each case is assessed to determine if negligence occurred and if a claim is viable for the client. Negligence lawyers can help you navigate the complexities of your birth injury.
Examples of Medical negligence
Several scenarios exemplify medical negligence during childbirth; these include failure to diagnose or appropriately manage complications, negligent performance of procedures such as episiotomies, and delays in providing necessary interventions.
The consequences of these failures can lead to severe maternal injuries, such as perineal tears or trauma. In many cases, these tears are unavoidable, and even the most serious complications can be mitigated with accurate diagnosis and treatment.
Identify Negligence in Your Case
Identifying negligence in your case requires a thorough review of your medical records and a detailed understanding of the care you received. Key indicators of negligence may include deviations from standard medical practices, inadequate monitoring, or failure to respond adequately to warning signs.
Birth Negligence: Brachial Plexus Injuries and Shoulder Dystocia
Brachial plexus injuries involve damage to the network of nerves that control movement and sensation in the arm and hand.
These injuries can occur during vaginal birth if excessive force is used during delivery, particularly in cases of shoulder dystocia.
The effects of a brachial plexus injury can range from temporary weakness to permanent paralysis, significantly impacting the child’s quality of life.
Shoulder dystocia occurs when there is difficulty delivering a baby’s shoulder.
During vaginal birth, a baby’s shoulder may become lodged behind the mother’s pubic bone. This is an emergency because the baby is delivered up to its head, but its neck has not emerged.
The mother’s contractions then put pressure on the baby’s neck and body, which can be fatal, so the baby must be delivered within five minutes. This is because when the shoulder becomes stuck, it can trap the baby’s head and put pressure on the umbilical cord, which restricts oxygen and blood flow to the baby.
Birth injuries caused by shoulder dystocia are among the most preventable, especially if the procedures are undertaken promptly.
Negligent doctors often claim that, due to shoulder dystocia causing a medical emergency, any injuries caused by excessive pulling and twisting of the baby are unavoidable. Whilst shoulder dystocia is technically an obstetric emergency, the possible injuries are entirely foreseeable, which means some are preventable.
If your child has sustained a brachial plexus injury due to negligence, we can provide the expertise to pursue the claim for the injury.
How to File a Claim for Medical Negligence
A lawyer will review your medical records and the details surrounding your birth injury to determine if the care you received fell below the expected standard.
If negligence is established, the team will assist in preparing and submitting the claim, advocating on your behalf to recover the compensation you deserve. By investigating these negligence claims, clients can claim compensation.
How We Can Help: Steps to Take After a Birth Injury
Following a birth injury, taking prompt steps is essential to protect your legal rights.
Firstly, seek immediate and appropriate medical care to address the injuries sustained. Secondly, keep detailed records of all medical appointments, treatments, and expenses related to the injury.
Consulting with lawyers will ensure that you receive specialist advice on the potential to make a negligence claim, helping you understand your rights and the legal avenues available to you.
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