Birth injuries to mother claims

Forceps Delivery / Ventouse Delivery Claims:

It’s not uncommon for women who are struggling with a “spontaneous” delivery to be assisted through the use of forceps or a ventouse instrument. These apparatus are used by doctors to help to deliver the baby more easily (and hopefully more safely) than might have otherwise been the case. However, they must be skilfully and appropriately utilised, and where the member of staff operating the ventouse or forceps is not sufficiently trained or not paying adequate attention they can cause serious harm, potentially providing grounds for a forceps delivery claim. Mothers have been known to sustain genital tears as well as long term urinary or faecal incontinence, along with damage to their bladder or uterus.

Pre-Eclampsia Claims:

Linked to problems in the placenta, pre-eclampsia causes the mother to retain abnormally high levels of protein in the blood, along with excess fluid retention leading to swelling in the extremities and a number of other unpleasant symptoms including nausea. Whilst the only real cure for the condition is to deliver the baby, this may not be feasible at especially early stages in the pregnancy, meaning mothers should be kept under close supervision to monitor for any worsening of symptoms. In extreme cases the condition may lead to full Eclampsia – with the onset of fits comparable to epileptic episodes; these pose a mortality risk to mother and baby and should be treated quickly by medical staff to avoid critical danger. Where pre-eclampsia is not diagnosed or mismanaged, you may be entitled to make a pre-eclampsia claim for compensation.

Episiotomy Claims:

Where doctors foresee a difficult birth they may see fit to perform a surgical cut known as an Episiotomy at the opening of the vagina, to ease the baby’s passage. If they fail to recognise that such a procedure is necessary and the mother subsequently sustains damage to the vagina (sometimes amounting to second or third degree tearing), this may be deemed negligent. Likewise, tears to the area around the anus can also occur, and the difficulties associated with both forms of tearing can lead to complications and discomfort. Where an Episiotomy is undertaken but performed negligently, this may provide argument for an Episiotomy claim.

C Section Claims:

Caesarean sections can be either a planned or emergency procedure. In either case, surgical mistakes can occur given rise to a surgical error claim or C section claim. Doctors must also always remain vigilant against the risks of infection, excessive bleeding or blood clotting in the mother, as a failure to do so can cause extreme, long-term suffering and may also pose problems for future pregnancies.

Negligent Stitching Claims:

Even where surgical incisions are made in the appropriate fashion they must still be repaired again afterwards to prevent risk of infection or further injury. This process, sometimes referred to as “suturing”, should always be performed accurately and promptly – where it is not a lasting injury can be inflicted on the area which can cause discomfort, pain, unsightliness and necessitate secondary surgery to correct.

Placental Abruption Claims:

During the course of some pregnancies the placenta can become prematurely detached from the womb, posing a significant health risk to both mother and child. Where medical staff fail to act promptly and effectively the mother can sustain massive blood loss or damage to vital organs – she may even require a hysterectomy.

Maternal Diabetes Claims:

Sometimes referred to as Gestational Diabetes, this condition can be an enormous source of stress and discomfort for the mother if not adequately attended to by medical staff. What’s more, in some cases it can lead to miscarriages or birth defects in the heart and brain of the baby.

Retention of Products of Conception:

In the unfortunate event of a miscarriage the mother’s body can respond in potentially dangerous ways. Where the placenta fails, the uterus may contract rapidly in a bid to expel the now obsolete tissues; this can prompt significant pain and bleeding and must be managed medical staff. Where it is not, unnecessary suffering can often be inflicted on the mother.

Nervous Shock Claims:

Particularly traumatic births can have long-lasting mental effects on the mother, leading to mental disorders which can be exacerbated due to negligent care. Mothers have been known to experience anxiety neurosis or reactive depression, as well as other psychological conditions  Where negligent care has caused the condition or where mental health issues have not been diagnosed and treated, there may be grounds to commence a psychiatric claim.

Claiming for Birth Injuries to Babies

It is important to remember that you may also be entitled to make a birth injury compensation claim as a result of harm inflicted on your child as well as / instead of to the mother. There are no strict guidelines defining precisely what may and may not entitle you to compensation, but you call and discuss the circumstances with Blackwater Law medical negligence solicitors if you suspect your child suffered harm as a result of substandard care.

Common circumstances where care may fall below what would be deemed reasonable include the following situations:

• Where your baby sustains a brain injury, or damage to his or her skull or nervous system as a result of negligence on the part of a doctor or midwife. Babies in these situations may develop cerebral palsy or Erbs palsy, needing life-long care and support and facing significant developmental barriers.
• Where a newborn baby with jaundice is allowed to deteriorate and develop an extreme form of the ailment known as Kernicterus. In these instances extremely high levels of bilirubin which are not sufficiently filtered from the child’s blood by the liver can cross the blood / brain barrier, leading to permanent nervous system damage and developmental difficulties.
• Where doctors fail to identify a child with significant, life-threatening or limiting medical defects and / or fail to notify parents early enough in the pregnancy for them to consider an ethical abortion. These births are sometimes referred to as “wrongful births”, and can place families in a situation where they a compensation claim may be necessary in order to be able to afford provision of professional care and support for the child in their early years and as they grow-up.