Maternity & pregnancy negligence claims

Maternity & pregnancy negligence FAQs

• What evidence do I need to support my claim?

  To support a claim for maternity negligence, we will help you gather several key pieces of evidence:

  • Medical records: We will obtain all relevant medical records, including prenatal care, labour, and delivery notes. These records will enable us to consider whether there were any failures in the care provided.
  • Witness statements: Statements from anyone who witnessed the care received, such as you and your family.
  • Expert evidence: Independent medico-legal experts provide opinions on whether the standard of care was breached and how this breach caused harm (causation). Their testimony is crucial in establishing negligence. They are also needed to support the losses claimed.
  • Complaints correspondence: Any communication with healthcare providers, including emails, letters, and a complaints response.
  • Photographs and videos: Visual evidence and any visible symptoms can be useful in illustrating the harm caused.
  • Financial records: Documentation of any financial losses incurred due to the negligence, such as medical bills, travel expenses, and lost income, can support your claim for compensation.
• How do I claim compensation for maternity negligence?

  Contact us for a free initial consultation. One of our expert medical negligence solicitors will assess the details you give us and advise you whether they think your claim has reasonable prospects. They will help you to understand your options and explain the legal process and what you can expect. They will also talk to you about funding the case.

  We understand that if you are worried that something has gone wrong during the birth of your child, you may be in pain and you may be upset and confused. To put you at ease, a member of our experienced team will talk to you about your concerns and can advise on the steps to be taken. They will also discuss with you how your claim can be funded, including whether the option of legal aid is available to you. 

  To begin a claim:

  Call us on 03700 868687

  OR

  Message us using our enquiry form and we will get in touch.

  If you have a case, we will be with you throughout the legal process, visiting you in person to help you find out what has happened and to claim compensation for you and your family if there has been.

• How much compensation can I expect for a maternity negligence claim?

  The amount of compensation you can expect for a maternity negligence claim depends on several factors, including the severity of the injury and the impact on your life. Here are some general guidelines:

  Type of damages

  • General damages: These cover pain, suffering, and loss of amenity (how your injuries have affected your lifestyle or way of life).
  • Special damages: These cover financial losses and expenses incurred due to the injury and may include medical costs, ongoing care, travel expenses, treatment costs and loss of earnings. Anticipated future costs can also be claimed.

  Speaking with one of our specialist injury solicitors will enable us to give a more accurate estimate based on your individual situation.

• How long do I have to make a claim after experiencing maternity negligence?

  In general, the mother will have three years from the date of the injury suffered or from the date you became aware of the injury to make a compensation claim for maternity negligence. This time limit ensures that claims are made while evidence is still fresh and relevant.

  A child has up until their 21st birthday to start a claim in the court, if they have capacity. Parents, a family member or the Official Solicitor may act for them while they are children and/or if they do not have capacity once they reach 18 years old.

  However, the rules on limitation are complex and so it is important to consult with a specialist solicitor as soon as possible to ensure you don’t miss any critical deadlines. We can provide detailed advice based on your specific situation and ensure that a claim is investigated in good time.

• Can I make a claim on a ‘no win, no fee’ basis?

  Yes, you can make a maternity negligence claim on a ‘no win, no fee’ basis. This arrangement, also known as a Conditional Fee Agreement (CFA), means that you do not have the financial risk of paying legal fees upfront. If your claim is successful your opponent pays most of your legal costs and only any unrecovered costs will come from a percentage of your settlement, that we agree with you in advance.  An insurance policy will protect you if your claim is unsuccessful.

  There are other forms of funding available in some cases and we will discuss the details of these with you when we take on your case.

• Can I get legal aid funding for a maternity negligence claim?

  Legal aid can help cover the costs of pursuing a birth injury compensation claim for your baby in circumstances where your baby has suffered a brain injury either during pregnancy, at birth or during the first 8 weeks of life. When we speak to you, we will be able to assess whether your claim will be eligible for legal aid. If you are not eligible then we can advise you about other methods of funding, including ‘no win, no fee’ agreements and insurance policy funding.

  Talk to one of our medical negligence lawyers to find out if you qualify for legal aid.

• How long does it take to settle a maternity negligence compensation claim?

  The time it takes to settle a maternity negligence claim can vary widely depending on:

  • Complexity of the case: More complex cases, especially those involving severe injuries can take longer to resolve.
  • Evidence gathering: The time needed to collect medical records, expert opinions, and other evidence can impact the duration of the claim.
  • Defendant’s response: If the healthcare provider admits liability, the process can be quicker. However, if they contest the claim, it may take longer and could potentially go to court.
  • Negotiation and settlement: Most claims are settled out of court through negotiations, which can speed up the process.
  • Court proceedings: If it is necessary to start court proceedings, it can take several years to reach a conclusion. However, there are still opportunities to settle the claim throughout that process.

  Once a settlement is agreed, you can expect to receive your compensation within a few weeks.

  Each case is unique; speak to one of our specialist solicitors who can provide a more accurate timeline based on the specifics of your situation.