Clinical Negligence Claims – Maternity, Pregnancy & Birth Injury Claims

It is widely reported at the moment that maternity services across the country are failing patients. Inevitably, this can lead to significant risk to the safety of those using maternity services, and very sadly often results in avoidable injury either to the mother or child before, during, or after delivery of the baby.

If this happens to you, or someone you love, it can be difficult and frightening to know what to do or where to start. Our helpful overview guide below sets out some key advice in relation to maternity, pregnancy, and birth injury negligence claims and what you need to know about the process.

Maternity, pregnancy and birth injury negligence claims

Seek advice and make a formal complaint

If you think you or someone you love may have suffered an injury as a result of substandard care and treatment during pregnancy, birth, or in the post-natal period, it is important and sensible to consider obtaining advice from specialist solicitors as soon as possible.

You may also consider making a formal NHS complaint in the first instance. This can be very helpful in determining whether there might be a viable claim. The NHS has a formal complaint procedure whereby you can raise your concerns. The hospital is required to investigate and respond within a certain timeframe.

The complaint process is entirely separate from any legal action. Therefore lawyers cannot be directly involved in it, nor can we make the complaint on your behalf. However, here at Nelsons, we are happy to discuss your concerns with you and let you know whether it would be worthwhile to make a formal complaint, and we can talk you through that process.

Making a negligence claim for maternity failures

We understand that when issues arise relating to care and treatment provided through maternity, pregnancy, birth and the post-natal period can be devastating and complex with vast ramifications. It can feel isolating and scary to know where to turn when something goes wrong during what should be a positive and happy experience of bringing new life into the world.

As mentioned above, it is important to seek specialist legal advice in relation to your potential claim as soon as possible.

Our team of specialist solicitors are always available to discuss the circumstances of your potential birth injury claim either over the phone, via email or where appropriate at a meeting.

You can rest assured with our specialist team that you are in the best possible hands.

We know and entirely appreciate how daunting the claims process can be, particularly in cases involving maternity care. We will take the time to listen to all your concerns and advise you clearly, supporting you through the entire process.

The very first steps will be to talk through your concerns with you, determine whether we consider there is a viable claim, and arrange a suitable funding arrangement for your legal costs.

Once this is in place, most claims will follow the same initial path of investigations:

  • Obtaining the relevant medical records.
  • Taking witness evidence.
  • Instructing specialist medical experts to confirm whether there is evidence of any negligent treatment and what avoidable injury has been suffered as a result.
  • Send a detailed Letter of Claim to the Defendant Hospital Trust setting out the allegations of negligence and particulars of injury.

Once the Defendant has responded to the Letter of Claim, we will then consider what steps are necessary depending on whether admissions of liability have been made.

We will seek to explore whether your claim is capable of resolution without the need to involve the Court, through a process of settlement negotiations.

Time limits

There is a requirement in clinical negligence claims that certain steps must be taken within 3 years of the date of the incident, or the date of your knowledge, if later.

For claims relating to children, the three-year limitation period will begin from the child’s 18th birthday and expire on their 21st birthday.

It is therefore important to consider your options in terms of bringing a claim at the earliest opportunity.

Our expert team is recognised by The Law Society, the Association of Personal Injury Lawyers (APIL), Headway, The Foundation for Infant Loss Training, Chambers and Partners and The Legal 500 for our work involving injured babies and children. We are one of a few specialist firms that are still able to offer Legal Aid in cases involving babies.

Maternity Negligence Claims

How can Nelsons help?

Danielle Young is a Legal Director in our Medical Negligence team, which has been ranked in tier one by the independently researched publication, The Legal 500.

If you have any questions in relation to the subjects discussed in this article, then please get in touch with Danielle or another member of the team in Derby, Leicester, or Nottingham on 0800 024 1976 or via our online form.

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