Maternity & Pregnancy Negligence Compensation Claims.

Medical professionals have a duty of care to ensure they keep you and your baby healthy and safe throughout pregnancy, and they do this by carrying out regular antenatal checks such as ultrasound scans and blood tests.

Failure to carry out the necessary checks could mean that a potential problem is missed or misdiagnosed, causing problems for mother and/or baby further down the line. Maternal negligence can occur when a medical professional fails to diagnose an abnormality during a scan, does not identify an infection during pregnancy, fails to manage the mother’s medication correctly, or does not manage any complications adequately, and can lead to a number of complications for the mother, including:

• Pre-eclampsia – A condition affecting pregnant women with symptoms including hypertension, oedema, frequent urination, and protein in the urine. Left untreated, pre-eclampsia can develop into eclampsia and cause serious health problems.
• Gestational diabetes – Diabetes during pregnancy can cause a number of complications for mother and baby if left unmanaged, including premature birth, large birth weight, late miscarriage, or stillbirth.
• Ectopic pregnancy – This is when a fertilised egg implants outside of the womb, most often in one of the fallopian tubes, and if undetected it can rupture and cause severe internal bleeding for the mother.
• Stillbirth – When a baby dies in utero after 24 weeks gestation it is known as a stillbirth, and in many cases it can be prevented through adequate antenatal screening.
• Wrongful birth – This is the term used when a child is born with a life-limiting congenital disease or abnormality which doctors failed to identify during the pregnancy.
• Uterine rupture – A ruptured uterus occurs when the wall of the womb tears during pregnancy, and if it is not identified and treated promptly it can be life-threatening for both mother and baby.

This list is not exhaustive, and if you have suffered from a health condition as a direct result of medical negligence during your pregnancy, you may be able to claim compensation. Speak to our team of friendly and professional medical negligence solicitors today to find out more.

Many women discuss with their midwife or obstetrician how they would like their birthing experience to go, however things don’t often go exactly to plan, and the reality of childbirth can be very different to the mother’s expectations. Medical staff are highly trained and adaptable to a variety of different birthing situations, so the majority of the time, mothers are in safe hands.

However, in some cases the level of care provided to a mother during childbirth may fall below the standard expected, giving rise to potential complications. Medical staff may be negligent in their care if they:

• Fail to monitor the cardiotocography (CTG) correctly
• Fail to monitor the heartbeat of the baby
• Fail to identify when a caesarean section is necessary
• Fail to repair a tear or episiotomy correctly
• Fail to use ventouse or forceps correctly

Maternal negligence during labour can lead to a number of potential health complications for both mother and baby. For example, in babies, a mismanaged birth could result in oxygen starvation that can cause brain damage and cerebral palsy; shoulder dystocia that can cause Erb’s palsy or brachial plexus injuries; as well as fractures, cuts, and other avoidable injuries.

A caesarean section is a routine operation, and approximately 20% of all babies are born this way. A C-section is typically performed when a vaginal birth is deemed high risk, and will either be pre-planned due to a known issue, or will be done in an emergency situation. During a caesarean, the surgeon will make an incision in the mother’s abdomen and uterus and the baby will be lifted out, followed by the removal of the placenta before the wound is closed up, usually with dissolvable stitches.

However, despite its routine nature, a C-section is still major intrusive surgery and can carry risks for both mother and baby if the medical team make any mistakes, including:

• A delay in performing an emergency C-section
• Failure to recognise when a C-section is necessary
• Errors when administering anaesthetic
• Surgical errors such as organ lacerations or failing to close wounds properly

Medical negligence during a caesarean section can lead to a number of complications including injuries to internal organs, unnecessary scarring, excessive haemorrhaging, internal bleeding, and infections. If you have suffered after your C-section and feel that the medical team were negligent in the care they provided, you may be able to claim maternal negligence compensation. Here at Lanyon Bowdler, we can provide you with the advice and support you need whilst you heal and recover.

The majority of mothers who give birth vaginally will experience some sort of perineal tearing, which is where the skin between the vagina and anus stretches and tears. In most cases, the tearing is minor and will heal on its own. However, some tears can be more serious and will typically require suturing, taking longer to heal. Vaginal tearing is categorised as follows:

• First degree tears – these are skin deep, heal quickly, with minimal pain and no long-term damage.
• Second degree tears – these are deeper and involve the tearing of muscle tissue as well as skin, most likely requiring stitching, and healing can take several weeks.
• Third degree tears – this is where the anal sphincter muscle is damaged.
• Fourth degree tears – this type of tear involves the lining and muscles of the anus.

There are a number of risk factors which could make it more likely that a mother will experience tearing during childbirth – for example, if it is the mother’s first vaginal delivery; if the second stage of labour is prolonged; if the baby is measuring large; or delivery is assisted with forceps. If any potential risk factors are identified antenatally, your midwife may recommend perineal massage to help reduce the likelihood of tearing, or they may suggest an episiotomy which is an incision in the perineum designed to prevent a tear from causing unpredictable damage.

Failure to identify and repair tears that have occurred during childbirth can cause complications for the mother, including bowel incontinence; pain and soreness; pain when urinating; pain during sexual intercourse; or rectovaginal fistula (which is where a hole has formed between the rectum and vagina, causing faeces to pass into the vagina).