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The death of a mother during pregnancy or childbirth is devastating for the partner and family and has long-term consequences for the children. The bereaved partner may be left coping with feelings of grief, shock, anger and confusion, whilst facing the practical and financial challenges of losing the family’s main child-care giver, homemaker or income earner. If the partner has to give up work to provide the supportive and stable home life that the young children need, this can lead to further financial hardship.

Where the maternal death was the result of negligent medical or maternity care, the dependent family may be entitled to compensation.

We understand that considering compensation to ease money concerns can seem difficult whilst coming to terms with the loss of a partner and children’s mother. Our birth injury specialists are here to help and handle each family’s case with compassion and sensitivity. As time goes on, many families find that compensation helps by paying for assistance and support, replacing lost income, and restoring financial stability.

Our medical negligence solicitors are highly experienced in securing the help and financial compensation that our clients deserve after losing a partner or mother as a result of negligent medical or maternity care.

Our clients benefit from:

  • free initial advice about making a maternal death medical negligence claim and responding to HSIB/HSSIB/CQC or NHS Resolution;
  • no win no fee funding arrangements;
  • advice and representation at an inquest;
  • interim payments to ease financial hardship and meet necessary expenses;
  • compensation for the long-term financial losses arising from the parent or partner’s death.

 

What is maternal death?

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

 

What are the leading causes of maternal death?

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

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.

What medical negligence mistakes are causes of maternal death?

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

  • failing to correctly assess the mother’s risk status;
  • 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.
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How much compensation can be claimed in a medical negligence maternal death claim?

The amount of compensation that the family can claim after a mother dies as a result of negligent maternity care depends on the mother’s circumstances and how the family are affected by her death. This can include:

  • the mother’s age, general 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, including 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.

In certain circumstances, a ‘secondary victim’ claim may be made for the partner if they suffered PTSD or severe psychological injury from witnessing their loved one’s death in traumatic circumstances.

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What other birth injuries can medical negligence lead to?

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 claims for compensation:

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Our specialist Maternal death claims – negligence causing a mother’s death in childbirth team are considered leaders in the field and have a significant amount of expertise.

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Our teams have been nationally recognised over the past decade for their dedication and commitment to securing maximum compensation for our clients

             Brake | The Road Safety Charity

"Professional and caring "

This has been a horrendous time for us, losing our daughter and then losing her husband but Boyes Turner have been our rock through it all and helped us to carry on and take care of our daughter’s two girls. They were very understanding and professional.

Boyes Turner Client
Rated Excellent 4.8/5