Maternal death claims – negligence causing a mother’s death in childbirth

Maternal death means the death of a woman (or pregnant/birthing person) during or up to six weeks after their pregnancy ends, from causes related to or worsened by pregnancy or its management. The ‘end’ of the pregnancy may be the birth, stillbirth, termination, or miscarriage of the baby.

Medical conditions or complications which cause maternal death and commonly lead to medical negligence claims include:

• VTE or venous thromboembolism - blood clots, thrombosis, embolism;
• cardiac causes, such as heart failure or cardiac arrest;
• brain or neurological causes - epilepsy, intracranial haemorrhage, stroke;
• uterine rupture and/or obstetric haemorrhage (severe bleeding);
• eclampsia (seizures/fits from high blood pressure or hypertension) or HELLP syndrome;
• obstructed or traumatic labour;
• complications of caesarean section;
• infection and sepsis;
• anaesthetic injury;
• complications of other conditions (comorbidities), such as diabetes, asthma.

Maternal death is usually preventable with correct care during pregnancy, delivery (birth) and postnatally. This includes ongoing assessment of the mother’s risk factors, and early diagnosis and treatment of obstetric complications or existing medical conditions.

Claims for compensation after maternal death usually arise from one or more of the following negligent mistakes:

• failing to assess the mother’s risk status correctly;
• delayed, missed or incorrect diagnosis or treatment;
• delayed or misinterpreted medical investigations, scans, and tests;
• medication errors - syntocinon, anticoagulation blood thinners or clot busters;
• triage and monitoring failures;
• failing to follow guidelines;
• failing to escalate concerns about the patient or refer for senior or specialist review;
• obstetric errors involving shoulder dystocia, obstructed or vaginal breech delivery;
• failure to warn or obtain informed consent for medical or surgical procedures;
• ventilation, resuscitation and anaesthetic errors;
• surgical and post-operative errors;
• follow up and safety netting failures.

The amount of compensation that the family can claim after a mother dies as a result of negligent maternity care depends on the family’s circumstances, such as:

• the mother’s age, health and expected lifespan before the events which caused her death;
• the age of her children and their needs;
• the age and health of her partner;
• the family’s income and financial arrangements;
• the family’s childcare arrangements;
• the needs of anyone else who was dependent on the deceased’s income or services.

Compensation in maternal death claims can include sums claimed for:

• the mother’s pain and suffering before her death;
• the loss of the mother’s contribution to the family income;
• the cost of replacing the mother’s role within the family, such as childcare or household tasks;
• funeral expenses;
• the statutory bereavement award.

If the baby also suffered serious harm as a result of negligent care during the pregnancy, or around the time of birth, the baby may be entitled to substantial compensation.

Medical negligence during pregnancy, labour, and in the weeks after birth can also cause other types of severe but preventable injuries, which may lead to obstetric injury claims or birth injury claims for compensation. Claims commonly relate to:

• non-fatal injuries to the mother during childbirth;
• HIE or hypoxic brain injury to the baby;
• cerebral palsy;
• neonatal brain injury;
• anaesthetic injury;
• brachial plexus injury or Erb’s palsy;
• autism and ADHD birth injury;
• PTSD and psychological injury.