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

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

Our medical negligence solicitors secure compensation settlements for the bereaved families of mothers who have died during pregnancy, childbirth or postnatally as a result of negligent maternity or medical care.

A mother’s death during pregnancy, childbirth or after the birth of her baby is devastating for the partner and family and has long-term consequences for the children. The bereaved partner is often left with feelings of grief, shock, anger and confusion, whilst facing the practical and financial challenges of losing the family’s child-care giver, home-maker or income earner.

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 wife or 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.

Starting your maternal death negligence claim

For more than 30 years, Boyes Turner's medical negligence solicitors have guided bereaved families through the claims process to secure the compensation and specialist support that they need to rebuild their lives after the death of a partner, parent, or family member.

You can contact us by telephone or by email for free, confidential advice from a medical negligence solicitor about representation at an inquest, responding to contact from the hospital, NHS Resolution, or MNSI, or making a medical negligence claim for compensation.

We will ask you to tell us briefly about your loved one’s maternity or medical 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) before court proceedings are issued.

If liability is admitted, we will obtain a judgment from the court and apply for an interim payment to meet any urgent needs arising from your loved one’s death. 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.

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What our clients say

"I can’t thank you enough for taking on my case and believing in my claim"

I can’t thank you enough for taking on my case and believing in my claim - it means so much. I have been processing this after our call and it is a massive relief to finally bring this to an end - although it won’t bring back the sight lost - I hope lessons for the Trust have been taken on board so no-one else has to suffer like I have. The awarded monies will help with any assistance I may need in the future and take the pressure off a little to work so hard . I honestly want to thank you and your team from the bottom of my heart.

N.

"Great law firm"

Totally recommend Ben who dealt with our case. He was very professional but also very approachable and his communication was excellent. He always got back to us with our many questions and never made us feel like we were wasting his time. I would really recommend this law firm.

Catherine

"Great work all round."

Working With Ben was very easy. He kept us well informed of what and how everything was working. He explained lots of legal jargon and was very sympathetic and sensitive to me and the situation. Reaching a resolution relatively quickly given the circumstances.

Malcolm

"Professional lawyer"

Julie has sharp attention to detail and well organised. All the time was updating me with information and answered to all my questions. Her confidence helped me move forward with my case. The best law firm I could ever had.

Vaida

"Amazing service"

From the first contact with Boyes Turner, I have received a professional, compassionate and first rate service. Julie Marsh has been amazing and I would recommend this firm and especially Julie to anyone. My claim was due to a traumatic experience which has resulted in an embarrassing condition. I received so much reassurance and support and would like to thank the team for that , as well as a fantastic result!

Kay

Maternal death claims FAQs

What is maternal death?

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.

What are the leading causes of maternal death?

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.

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 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.

How much compensation can be claimed in a 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 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.

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 obstetric injury claims or birth injury claims for compensation. Claims commonly relate to:

 

What is maternal death?

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.

What are the leading causes of maternal death?

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.

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 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.

How much compensation can be claimed in a 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 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.

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 obstetric injury claims or birth injury claims for compensation. Claims commonly relate to:

 

Why choose Boyes Turner

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“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).

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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.