Childbirth injury to mother and 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.

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

• negligent management of high-risk pregnancy, including:
  • pre-eclampsia;
  • VBAC (vaginal birth after previous caesarean);
  • maternal diabetes;
  • maternal epilepsy;
  • Rhesus incompatibility (mother and baby have incompatible blood groups);
  • group B streptococcal infection;
  • twins/multiple pregnancy;
• negligent management of obstetric emergencies or complications, including:
  • placental abruption;
  • haemorrhage;
  • hyperstimulation and uterine rupture;
  • impacted fetal head;
  • shoulder dystocia (size of baby disproportionate to mother’s pelvis);
  • vaginal breech delivery;
  • cardiac/vascular complications;
• delays in delivery;
• negligent use of instruments, such as forceps or Ventouse;
• failure to manage, recognise and repair vaginal or perineal injury;
• negligent anaesthetic management, including:
  • awareness;
  • anaphylaxis (severe allergic reaction);
• negligent postnatal care, including anticoagulant management.

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.

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.