Kashmir Uppal
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Kashmir Uppal
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Twin birth injury claims
Having twins, or a multiple pregnancy, increases the risk of many of the complications of pregnancy and medical care should reflect this heightened risk. If you or your child has suffered a twin birth related injury as a result of negligent medical care, you may be entitled to claim for compensation with the help of our birth injury experts.
Why are twin births more risky than single births?
Having twins, or a multiple pregnancy, increases the risk of many of the complications of pregnancy, such as intrauterine growth restriction, pre-eclampsia, and gestational diabetes. Twin pregnancies also have complications of their own, such as twin-to-twin transfusion syndrome, cord entanglement, Periventricular Leukomalacia (a form of brain injury) and premature birth.
Twin births are generally considered more risky than single births due to several factors:
- Premature birth: Twins are more likely to be born prematurely, which can lead to complications such as respiratory distress syndrome, under-developed organs, and long-term health issues.
- Low birth weight: Twins often have lower birth weights compared to single babies, increasing the risk of health problems like infections, difficulty maintaining body temperature, and feeding issues.
- Pre-eclampsia: This condition, characterised by high blood pressure and damage to other organs, is more common in twin pregnancies. It can pose serious risks to both the mother and the babies.
- Gestational diabetes: The risk of developing gestational diabetes is higher in twin pregnancies, which can lead to larger babies and complications during delivery.
- Twin-to-Twin Transfusion Syndrome (TTTS): This condition affects identical twins sharing a placenta and can cause serious complications if not managed properly.
- Placental issues: Problems such as placental abruption (where the placenta detaches from the uterus) and placenta previa (where the placenta covers the cervix) are more common in twin pregnancies.
- Delivery complications: The likelihood of needing a caesarean section (c-section) is higher with twins, and there can be complications during delivery, such as one twin being in a breech position.
- Postpartum haemorrhage: The risk of excessive bleeding after delivery is higher in twin births due to the larger size of the uterus and the increased blood supply required.
Despite these risks, most twin pregnancies result in healthy babies with proper medical care and monitoring. If you are expecting twins, it's important to work closely with your healthcare provider to manage these risks effectively.
Who can make a claim for twin birth medical negligence?
If negligence occurs in a twin birth, there may be grounds for a clinical negligence claim by the mother and the child:
- The mother will bring the claim on her own behalf.
- Claims brought by a child under 18 years of age, or a person lacking mental capacity within the meaning of the Mental Capacity Act 2005 (‘a protected person’), must be conducted on his or her behalf by what is termed as a ‘litigation friend’. In practice, this is usually a parent, guardian or other relative.
- Once the child reaches the age of 18 years, if they have capacity, they have until their 21st birthday to bring a claim. If they do not have capacity, the litigation friend will continue on their behalf.
- If nobody is able or willing to act on behalf of the child or protected party, the Official Solicitor will do so. The Official Solicitor acts for children or protected persons who are unable to represent themselves in court proceedings.
Birth injury services
Birth injury claims Cerebral palsy claims Stillbirth claims Group b strep claims Wrongful birth claims Perineal tear claims Maternity negligence claims
What medical negligence can cause injury in twin births?
Medical negligence during twin births can lead to various injuries for both the mother and the babies. Here are some common scenarios where negligence might cause harm to the babies:
- Failure to categorise the type of twin pregnancy correctly: There are different types of twin pregnancy, depending on whether the twins share a placenta and membranes. The type of twin pregnancy is important when considering what monitoring is required.
- Inadequate prenatal monitoring: Failure to regularly monitor the twins’ growth and development through ultrasounds and other prenatal tests can lead to undetected complications such as intrauterine growth restriction (IUGR) or twin-to-twin transfusion syndrome (TTTS).
- Missed diagnoses: Not identifying or properly managing conditions like pre-eclampsia, gestational diabetes, or TTTS may be negligent.
- Lack of monitoring during birth: Failure to properly monitor the twins’ heart rates and other vital signs can lead to undetected complications such as cord entanglement or placental abruption.
- Delayed delivery: Delays in performing a necessary caesarean section (c-section) can result in a lack of oxygen to one or both twins, potentially causing brain damage.
- Delivery errors: Mistakes during delivery, such as improper use of forceps or vacuum extractors, can cause physical injuries like dislocated shoulders or fractured limbs. Delivering the wrong twin first at caesarean section can cause injury to the sibling.
- Consent Issues: A failure to consent the mother on the appropriate alternatives (which may include caesarean section) may also be considered negligence and may result in a claim.
- Inadequate neonatal care: After birth, insufficient care in the neonatal unit, especially for preterm twins, can lead to further health issues.
- Communication failures: Poor communication between healthcare providers and the expectant mother, including not informing her of potential risks and necessary precautions, may be negligent.
Why choose Shoosmiths for your twin birth injury claim
Choosing Shoosmiths Serious Injury team for your twin birth injury claim offers several advantages:
- Specialist expertise: Ranked top tier in leading legal directories, and listed among The Times Best Law Firms for Clinical Negligence in 2024, we have a dedicated team of medical negligence solicitors with extensive experience in handling complex birth injury claims, including those involving twin pregnancies.
- Proven track record: Our firm has a strong track record of successfully securing compensation for clients in medical negligence cases, demonstrating our ability to handle challenging claims effectively.
- Comprehensive support: We provide compassionate and comprehensive support throughout the claims process, ensuring that you feel supported and informed at every step. We are sensitive to your needs but will fight your corner and push the boundaries in your case, when the need arises.
- National reach: With a national presence, we can offer our services across the country, making it convenient for you to access our expertise.
- Client-centric approach: We are known for putting our clients first; prioritising your needs and wellbeing while pursuing claims with determination and professionalism.
- ‘No win, no fee’: We take suitable cases on a ‘no win, no fee’ basis with no upfront payment required so there is no financial risk to you.
We come to you
We understand this may be a difficult and challenging time for you and your family. We can talk you through the process at your own pace. We listen. Indeed, our first visit may just involve a chat and a cup of tea.
Medical negligence experts
Ranked top tier in leading legal directories and awarded Law Firm of the Year 2022, we have over 165 years of experience in advising people and businesses.
People first, lawyers second
Shoosmiths' experts are on your side – our lawyers are caring, fearless and treasure the values of openness and honesty.
Our birth injury experts
Meet our experts
Denise Stephens
Partner
Denise Stephens
Denise is a passionate, highly skilled medical negligence lawyer with a heart of gold. She cares genuinely about getting you justice so tell Denise your story.
What our clients say
Making a twin birth injury claim with Shoosmiths
If you suspect medical negligence is the cause of twin birth injury, please seek advice from one of our medical negligence solicitors to explore the potential for a claim and to obtain advice on your options for seeking compensation and ensuring accountability.
- Contact us – call or message the team
- Grounds for claim – we will assess and discuss whether your claim is likely to succeed
- We come to you – we will visit you at home or in the hospital to talk you through the process
- Funding your claim – we can offer various funding options, including ‘no win, no fee’ and legal aid, depending on the circumstances of your claim.
- Gathering evidence – we will obtain medical records, witness statements and expert evidence to support your claim and to calculate what compensation you might be entitled to.
Twin birth injury claim FAQs
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How do I know if I have a claim for twin birth medical negligence?
Contact us and one of our experienced solicitors will assess your case to determine whether you have a valid medical negligence claim. We will need to establish a few key elements:
Duty of care: You must show that the healthcare provider owed you a duty of care. This is generally straightforward in a medical setting, as healthcare professionals are expected to provide a reasonable standard of care to their patients.
Breach of duty: You need to prove that the healthcare provider breached this duty by failing to meet the standard of care that a reasonably competent healthcare provider would provide under similar circumstances. In the context of a twin birth, this could include:
Failure to categorise the type of twin pregnancy correctly
Inadequate prenatal monitoring
Missed diagnoses
Inadequate monitoring during birth
Delayed delivery
Delivery errors
Consent issues
Inadequate neonatal care
Communication failures
Causation: You must demonstrate that the breach of duty directly caused harm to your baby/babies. This means showing a clear link between the healthcare provider’s actions (or inactions) and the injury or illness suffered.
Damages: Finally, you need to show that your baby/babies suffered damage as a result of the negligence. This may include physical injury, emotional distress, additional medical expenses, and other related costs.
You do not need to address these issues on your own. If you believe these factors may apply to your situation, please contact us. We would be pleased to comprehensively assess your case and assist you in understanding your legal options, including whether you may have a valid claim. -
How do I make a twin birth medical negligence claim?
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 negligence.
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How much compensation can I expect for twin birth injuries?
The amount of compensation you can expect for a twin birth injury 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.
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What evidence do I need to support my twin birth medical negligence claim?
To support a twin birth medical negligence claim, comprehensive evidence is required to demonstrate the healthcare provider’s failure to meet the standard of care and the resulting harm. When you instruct us, our first task will be to start gathering the information required to support your case. These are the key types of evidence we will collect:
- 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.
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How long do I have to file a compensation claim for twin birth medical negligence?
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.
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Can I make a claim on a ‘no win, no fee’ basis?
Yes, you can make a perineal tear medical 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.
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Can I get legal aid funding for a twin birth injury claim?
Legal aid can help cover the costs of pursuing a birth injury compensation claim 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.
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How long does it take to settle a twin birth injury compensation claim?
The time it takes to settle a twin birth injury compensation 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.
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