Pregnancy, Birth & Maternity Negligence Claims

You may be able to make a claim if the care provided during pregnancy, labour, delivery or the postnatal period fell below an acceptable medical standard and caused avoidable harm to the mother or baby. Independent medical evidence will usually be required to establish whether negligent care affected the outcome.

Claims may arise from failures in antenatal screening, delayed diagnosis of pregnancy complications, inadequate monitoring, medication errors, failure to refer for consultant-led care, delays in delivery, poor management of labour or inadequate postnatal treatment.

Birth injury claims may involve brain injury caused by oxygen deprivation, cerebral palsy, nerve damage, fractures, shoulder dystocia injuries and other avoidable harm. Claims can also involve maternal injuries such as severe tears, haemorrhage, infection or damage caused during assisted delivery.

You may have grounds for a claim if healthcare professionals failed to recognise signs of fetal distress, escalate concerns or perform an emergency delivery within a reasonable time, and the delay caused avoidable injury to the mother or baby.

A claim may be possible where negligent antenatal, labour or maternity care caused or contributed to a stillbirth. These cases require careful investigation of the medical records and evidence from independent obstetric, midwifery or neonatal experts.

Yes. A parent or another suitable adult may usually act as a litigation friend and bring a claim on behalf of a child. Any compensation awarded will generally require court approval and will be managed in the child’s best interests.

Compensation may include damages for pain and suffering together with the cost of rehabilitation, therapies, specialist equipment, care, adapted accommodation, education support, travel and future financial losses. The amount depends on the injury and its long-term impact.

Your solicitor will usually obtain the maternity, hospital and GP records, including monitoring traces and delivery notes. Independent experts such as obstetricians, midwives, neonatologists or paediatric specialists may then assess whether the care was negligent and caused avoidable harm.

For an adult claimant, court proceedings will usually need to begin within three years of the negligent treatment or the date of knowledge. For a child, the usual three-year period does not generally begin until their 18th birthday. Different rules can apply, so early advice is recommended.

Many maternity and birth injury claims are resolved through negotiation without a full trial. Court proceedings may still need to be issued to protect the claim or resolve disputed issues. Your solicitor will guide you through each stage and explain what to expect.

No Win No Fee funding, also known as a Conditional Fee Agreement, may be available for suitable maternity and birth negligence claims. Wollens can assess your circumstances and explain the funding options, potential costs and any deductions before you decide whether to proceed.