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Home / Medical negligence / Childbirth injury to mother and birth trauma claims

Childbirth injury to mother and birth trauma claims...

Our birth trauma solicitors secure compensation for mothers who have suffered severe or fatal injury in childbirth as a result of negligent maternity and obstetric care.

Birth trauma and maternal injury during pregnancy, childbirth and postnatal care can have a severe physical, emotional and psychological impact on the mother’s life. A mother’s childbirth injuries can also be devastating to her family, especially where she is left permanently injured, unable to return to work or care physically or psychologically for herself or her children or unable to have more children in future. In severe cases, maternity negligence can also lead to the mother’s death.

Where a woman or birthing person has suffered severe injury as a result of obstetric errors, anaesthetic mistakes or midwife negligence during childbirth, we can help the mother, or her bereaved family, claim compensation.

Find out more about claims for babies on our birth injury page or on our specialist cerebral palsy website.

Starting your birth trauma negligence claim

For more than 30 years, Boyes Turner's medical negligence solicitors have guided injured patients through the claims process to secure the compensation and specialist support that they need to manage their disability and rebuild their lives.

You can contact us by telephone or by email for free, confidential advice from a medical negligence solicitor. We will ask you to tell us briefly about your injury and your maternity care, and advise you about your time limits and whether we can help you investigate your claim. Once our investigations confirm you have grounds for a claim, we will notify the defendant healthcare provider (usually represented by NHS Resolution) on your behalf and invite them to respond, giving them an opportunity to admit liability (responsibility for your injuries) before court proceedings are issued.

If liability is admitted, we will obtain a judgment from the court and apply for a substantial interim payment to meet your needs arising from your injury and disability. If NHS Resolution deny liability, we will advise you about the best way to proceed with your claim. This may involve issuing court proceedings or inviting NHS Resolution to enter into settlement negotiations or mediation.

£375,000 compensation for delayed treatment
We secured £375,000 in compensation for a woman who suffered a tear at the time of delivery.
Read the story

During childbirth, our client suffered a vaginal tear and medical notes stated that the claimant’s perineum was intact, however our client was experiencing symptoms demonstrating it was not. The claimant was reassured by her GP that this was not unusual following delivery, and it was not until five years after her delivery that she was properly investigated.

"Despite the defendant’s strong denial of liability, negotiations took place and at a round table meeting shortly before trial, we secured a full valuation settlement for the claimant of £375,000."

Our previous birth trauma cases

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What our clients say

"Birth negligence"

In what can only be described as a stressful process dealing with Birth Negligence for your child, Boyes Turner, specifically Richard Money Kyrle and Tara Byrne made the process as smooth, efficient, and with a high level of understanding and empathy as possible. Each part of the process was explained clearly in layman's terms so I had a clear idea of what to expect and also a timeline of how long each process would take. Both Richard and Tara were always an email or phone call away and having to divulge such past traumatic events was done with the utmost respect and empathy. My son's case has now settled and thanks to all the hard work and fighting for justice we are able to move towards a bright future.

Boyes Turner Client

Birth trauma claims FAQs

What are maternal birth trauma claims?

Maternal birth trauma claims provide compensation for women and birthing people who have suffered severe injury as a result of medical negligence during pregnancy, childbirth and immediately after birth (post-partum care). Birth injury and maternity negligence compensation claims often focus on catastrophic injury suffered by the baby, but mistakes by obstetricians (childbirth doctors), midwives and nurses, anaesthetists, ultrasonographers and radiologists, and even hospital system errors can leave the mother with life-changing injuries.

Mothers who have been injured in childbirth often struggle to speak up, feeling shame or assuming their injury and its ongoing effects to be normal, or prioritising the needs of the new baby and family over their own. However, maternal birth trauma and childbirth injury can be devastating to their physical, emotional and psychological health, their relationships, and ability to look after their children, work, or lead fulfilling lives. In severe cases, negligent antenatal, birth or post-partum care can prevent the mother from having more children or can result in the mother’s death.

If you have suffered serious injury or the loss of a partner or mother as a result of negligent maternity care, our birth injury solicitors can help you obtain the compensation and support you deserve. We take great care to understand each client's injury and the needs that arise from the physical, emotional, psychological, and financial impact on their life. Our past clients often tell us that what they valued most was our solicitors' friendly and empathetic support.

What maternity mistakes can lead to a maternal birth trauma claim?

Maternal birth trauma claims often relate to one or more of the following mistakes by obstetricians (childbirth doctors), midwives and maternity teams:

What types of maternal injury lead to birth trauma compensation claims?

Mistakes in maternity care can occur at any time during the mother’s care in pregnancy (antenatally), during labour and birth, and immediately after birth (post-partum). Maternal injuries which often lead to childbirth injury and birth trauma compensation claims include:

  • uterine rupture;
  • 3rd and 4th degree vaginal and perineal tears involving the anal sphincter;
  • anaesthetic awareness;
  • complications of eclampsia;
  • brain injury, organ failure, seizures(fits);
  • severe post-partum haemorrhage;
  • maternal cardiac/thrombosis and coagulation problems;
  • infection and sepsis;
  • PTSD and psychological injury;
  • problems with childbearing in future;
  • maternal death.

What compensation can be claimed for maternal birth trauma?

The amount of compensation that can be claimed for a mother’s injuries in a medical negligence birth trauma claim depends on the nature, extent, and impact of the injury that she suffered. Claims for mothers with severe birth injuries may include compensation for the following injuries, needs, or losses and expenses:

  • pain, suffering, and disability;
  • medical or surgical costs;
  • therapies and counselling;
  • specialist equipment and aids;
  • care, support and domestic assistance;
  • necessary home adaptations;
  • loss of earnings;
  • other expenses arising from their injury, such as transport costs.

Where the mother dies as a result of negligent maternity care, depending on her family circumstances, her bereaved dependent family may be entitled to claim compensation for:

  • her pain and suffering prior to her death;
  • funeral costs;
  • a statutory bereavement payment;
  • the financial loss to her dependents from losing her income;
  • the costs of replacing her ‘services’, such as childcare, housework etc.

If the baby also suffered serious injuries as a result of the negligent maternity care, they may also be entitled to make a birth injury claim for substantial compensation.

 

What are maternal birth trauma claims?

Maternal birth trauma claims provide compensation for women and birthing people who have suffered severe injury as a result of medical negligence during pregnancy, childbirth and immediately after birth (post-partum care). Birth injury and maternity negligence compensation claims often focus on catastrophic injury suffered by the baby, but mistakes by obstetricians (childbirth doctors), midwives and nurses, anaesthetists, ultrasonographers and radiologists, and even hospital system errors can leave the mother with life-changing injuries.

Mothers who have been injured in childbirth often struggle to speak up, feeling shame or assuming their injury and its ongoing effects to be normal, or prioritising the needs of the new baby and family over their own. However, maternal birth trauma and childbirth injury can be devastating to their physical, emotional and psychological health, their relationships, and ability to look after their children, work, or lead fulfilling lives. In severe cases, negligent antenatal, birth or post-partum care can prevent the mother from having more children or can result in the mother’s death.

If you have suffered serious injury or the loss of a partner or mother as a result of negligent maternity care, our birth injury solicitors can help you obtain the compensation and support you deserve. We take great care to understand each client's injury and the needs that arise from the physical, emotional, psychological, and financial impact on their life. Our past clients often tell us that what they valued most was our solicitors' friendly and empathetic support.

What maternity mistakes can lead to a maternal birth trauma claim?

Maternal birth trauma claims often relate to one or more of the following mistakes by obstetricians (childbirth doctors), midwives and maternity teams:

What types of maternal injury lead to birth trauma compensation claims?

Mistakes in maternity care can occur at any time during the mother’s care in pregnancy (antenatally), during labour and birth, and immediately after birth (post-partum). Maternal injuries which often lead to childbirth injury and birth trauma compensation claims include:

  • uterine rupture;
  • 3rd and 4th degree vaginal and perineal tears involving the anal sphincter;
  • anaesthetic awareness;
  • complications of eclampsia;
  • brain injury, organ failure, seizures(fits);
  • severe post-partum haemorrhage;
  • maternal cardiac/thrombosis and coagulation problems;
  • infection and sepsis;
  • PTSD and psychological injury;
  • problems with childbearing in future;
  • maternal death.

What compensation can be claimed for maternal birth trauma?

The amount of compensation that can be claimed for a mother’s injuries in a medical negligence birth trauma claim depends on the nature, extent, and impact of the injury that she suffered. Claims for mothers with severe birth injuries may include compensation for the following injuries, needs, or losses and expenses:

  • pain, suffering, and disability;
  • medical or surgical costs;
  • therapies and counselling;
  • specialist equipment and aids;
  • care, support and domestic assistance;
  • necessary home adaptations;
  • loss of earnings;
  • other expenses arising from their injury, such as transport costs.

Where the mother dies as a result of negligent maternity care, depending on her family circumstances, her bereaved dependent family may be entitled to claim compensation for:

  • her pain and suffering prior to her death;
  • funeral costs;
  • a statutory bereavement payment;
  • the financial loss to her dependents from losing her income;
  • the costs of replacing her ‘services’, such as childcare, housework etc.

If the baby also suffered serious injuries as a result of the negligent maternity care, they may also be entitled to make a birth injury claim for substantial compensation.

 

Why choose Boyes Turner?

Watch the video
1min 25sec

“Our clients receive the highest standards of advice and representation and are always treated with compassion, outstanding care and understanding of the physical, emotional, psychological and financial impact that life-changing injury can have upon their lives.”

We are nationally acclaimed for our claimant medical negligence expertise and the outstanding results we achieve for our clients.
Our integrated multidisciplinary team offers our clients a full range of specialist help with compensation, rehabilitation, SEN, deputyship, personal injury trusts and community care.
We secure maximum compensation in claims for adults and children who have suffered catastrophic injury and severe disability, and provide practical support for their families.
We are ranked as leading clinical negligence experts in the Chambers Directory and Legal 500 guides to the legal profession and are accredited for our specialist expertise by the Law Society, AvMA, and the Association of Personal Injury Lawyers (APIL).

Our people

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Susan Brown

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Julie Marsh

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Richard Money-Kyrle

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Sita Soni

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Vanessa Wand

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Rachel Makore

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Tara Pileggi-Byrne

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Alpa Rana

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Fran Rothwell

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Ben Ireland

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Alice Carley

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Hannah Lindley

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Nicky Melville

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Audrey Elmore

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Leading medical negligence solicitors for over 30 years

Our solicitors’ expertise in medical negligence claims and their dedication to improving the lives of their injured clients has been recognised by the legal profession and disability charities for over 30 years.