Becoming a parent is meant to be a time of joy, with nerves and hope in equal measure. Most pregnancies and births in the UK go smoothly, with NHS maternity teams working incredibly hard to keep mothers and babies well.
However, when something does go wrong, because of medical negligence, the consequences can be life changing for family affected. Amidst the shock and heartache, parents are left with questions about what happened, why it happened, and whether all the right steps were taken by the health professionals.
At Mooneerams, we act only for claimants. For more than twenty years, we’ve helped people across England and Wales to bring successful serious injury and medical negligence claims.
From a numbers point of view, maternity negligence claims are rare. However, when they do arise, they tend to be among the most emotional, sensitive and complex cases in this area of clinical negligence.
When they find themselves in this situation families need help from an experienced firm of medical negligence solicitors – lawyers who understand the emotional burden the family carry as well as possessing the legal expertise required to get to the crux of what happened and to succeed in any maternity negligence proceedings the family decide to bring against the relevant medical professionals and their employers.
A Brief Definition Of Maternity Negligence
Maternity negligence happens when avoidable mistakes during pregnancy, labour, birth or early postnatal care cause injury to a mother or baby.
These mistakes can occur in antenatal monitoring, during delivery, or shortly after birth.
Some Important Facts
- Time limits for starting a claim: Usually three years (different rules apply for children, as we explain below).
- Common issues: Missed pre-eclampsia, delayed caesarean, poor monitoring of baby’s heart rate, mismanaged labour, infections, postpartum complications.
- Where claims arise: NHS maternity units, midwifery-led units, private hospitals, community midwifery teams.
- Funding of a medical negligence claim: Most clients use a No Win No Fee agreement.
- How much compensation: Varies widely. Serious long-term injuries (especially to babies) can attract very high awards.
What Is a Maternity Negligence Claim?
Maternity negligence claims are a type of medical negligence claim for compensation, made when inadequate care was given to a mother or her baby during pregnancy, delivery, or immediately after birth.
Maternity negligence is statistically rare. For instance, in 2023, there were 591,072 live births in the UK, and 1393 medical negligence claims involving obstetrics made against the NHS. However statistics do nothing to ease the pain and grief of families who have fallen victim to maternity negligence. Furthermore, the number of claims is increasing.
A maternity negligence claim arises when a medical professional makes an avoidable mistake that causes the mother or baby to suffer harm. Examples of the types of mistakes that can give rise to a maternity negligence claim include, when a medical profession fails to:
- recognise problems, such as pre-eclampsia, during pregnancy.
- monitor the baby’s heart rate properly during pregnancy or birth.
- recognise that the mother needs a caesarean section.
- carry out procedures, such as episiotomies or forceps deliveries, properly.
- recognise that the mother is suffering from conditions such as postnatal depression after birth.
Some Signs That The Maternity Care May Have Been Negligent
Every case is different, but the following signs ought to raise concerns:
During Pregnancy
- High blood pressure wasn’t monitored or properly followed up on
- Signs of pre-eclampsia were not acted upon
- Reduced foetal movements without an appropriate review
- Diabetes in pregnancy was not handled in line with NICE guidance
- Misinterpretation of scans
During Labour and Birth
- Delayed recognition of foetal distress
- Problems in reading or responding to CTG (heart rate) traces
- Delay in performing a caesarean section
- Incorrect use of forceps or ventouse
- Shoulder dystocia not managed safely
- Excessive bleeding not treated promptly
After Birth
- Newborn infections not treated early enough
- Hypoxia (lack of oxygen) before or during birth
- Missed signs of sepsis in mother or baby
- Poor follow-up check for severe tearing or surgical wounds
- Postnatal depression or mental health issues overlooked
Getting early advice can help you to understand whether what happened falls below acceptable standards of care.
Examples of Mistakes That May Lead to a Claim
To give a sense of the types of mistakes that may amount to clinical negligence, here are some of the more common scenarios:
- Failure to diagnose or manage pre-eclampsia
- CTG traces misread or not escalated
- Delay in recognising that a caesarean was necessary
- Birth injuries such as fractures or brachial plexus injuries caused by poor technique
- Placental abruption not recognised quickly
- Excessive use of synthetic oxytocin without adequate monitoring
- Lack of follow-up for heavy postpartum bleeding
- Mistakes during episiotomy or repair
Each of these needs careful expert review. Not every poor outcome means negligence has taken place.
How is Maternity Negligence Proved?
The person alleging maternity negligence generally needs to show:
- The standard of care provided fell below a reasonable standard
Whether this happened is assessed by independent medical experts in the same field of medicine so with maternity negligence claims it will often be senior obstetricians, midwives, neonatologists or other specialists depending on the nature of the injury. - The error caused the harm
This can be straightforward to prove in some cases (e.g., avoidable oxygen deprivation) and more complex in others. - The harm led to loss
Loss can include pain, suffering, ongoing care costs, specialist equipment, therapy, lost earnings and more.
Independent expert evidence is crucial and forms the backbone of most medical negligence claims.
What Evidence Do I Need?
As your solicitor we will help you gather everything required. Typical evidence includes:
- your maternity notes
- CTG printouts
- antenatal and postnatal records
- Growth charts and scan reports
- blood test results
- hospital investigation outcomes (e.g., SI reports)
- witness accounts
- photographs or diary entries documenting symptoms
In more serious cases, reports from paediatric neurologists, midwifery experts and other specialists will be needed.
How Much Compensation Could I Receive?
There is no “standard” amount for maternity negligence claims. It depends entirely on:
- the injury
- how it affects you or your child
- long-term care needs
- future prognosis
- your financial and practical losses
Typical injuries where compensation can be substantial include:
- Cerebral palsy
- Hypoxic ischaemic encephalopathy (HIE)
- Brachial plexus injuries
- Severe maternal tears not repaired correctly
- Retained placenta complications
- Delayed treatment of pre-eclampsia or eclampsia
- Sepsis in mother or baby
When a child needs lifelong care because of medical errors made by health professionals, multi-million compensation awards or settlements are not unknown.
A large amount of the compensation awarded in high value medical negligence claim settlements is to pay for professional care in a variety of forms, such as:
- specialist equipment,
- therapy,
- adapted housing,
- loss of future earnings,
- loss of parents earnings,
- transport,
- the cost of employing a case manager,
- travel costs,
- expenses,
- periodical payments and ongoing support.
Brain injuries caused by medical negligence, often attract high damages for pain and suffering alone: in the region of £350,000 to £500,000 (Source Judicial College Guidelines). This is because brain damage caused by maternity negligence is often very severe.
How Long Will A Maternity Negligence Claim Take?
With birth injury claims, it can be years before the case settles or goes to court. Some of the reasons for this include:
- multiple experts providing their expert written opinions
- the long-term needs of the child often have to be established and this of itself takes time to formulate in conjunction with many different parties including a case manager who oversees the provision and organisation of the child’s needs, not just immediate but future, as well.
- NHS Resolution or private insurers defending the claims often dispute some aspect of the case all the way to court hearings. It doesn’t mean they never settle before trial, but they often don’t do so until late on in the case.
Birth injury claims, including maternity claims, are some of the most technically difficult cases a solicitor will deal with, requiring ongoing expert evidence. It follows, therefore, that by their nature, they do not settle quickly.
If liability is not in dispute, as your solicitors, Mooneerams will always try to secure interim payments where it’s feasible to do so, to enable care and rehabilitation to be put in place as early as possible.
How Long Do I Have to Make a Claim?
In England and Wales, you must start a medical negligence claim, within the following time limits:
- Adult claimants have three years from the date of the negligence act or omission, or the date they first realised something had gone wrong (if that realisation came later).
- Children themselves can’t claim on their own behalf (their parents and guardians can, though). In any event, the 3-year period doesn’t start until the child reaches 18. From then on, the claim must be started before they reach 21.
- If the injured person lacks mental capacity, there may be no time limit until capacity is regained. If the person will never regain capacity, limitation runs forever.
Example scenario:
A baby is injured during birth. The parents can bring a claim straight away on the child’s behalf, but the child themself has until their 21st birthday to bring a claim if no one has done so earlier.
If you’re unsure whether you’re still within the time, ask your solicitor for further details. Many people discover they can pursue their claim even if many years have passed.
Who Will the Claim Be Against?
It depends on where the substandard care took place:
- NHS hospitals: the defendant is the relevant NHS Trust.
- Private hospitals: claims are usually against individual clinicians and/or the private provider.
- Community midwifery teams: this depends on whether the midwife was NHS-employed or practising independently.
One of the first steps we take is to confirm who is legally responsible for the negligence it is alleged has taken place.
Will I Need to Go to Court?
Most maternity negligence claims are settled outside of court, although even then the claim is unlikely to be capable of settling for some time.
If a trial becomes necessary, you won’t face it alone. Mooneerams will be with you and your family at every stage and after the case is over too.
What Happens If The NHS Or A Clinician Denies Negligence?
Defendants frequently deny liability early on. They may argue:
- the same outcome would have occurred anyway
- that the care was reasonable
- that the injury wasn’t caused by their actions
These disputes are often part and parcel of medical negligence litigation. When there’s a dispute, independent expert evidence is what usually moves a case forward.
The Claims Process: Step by Step
Here’s a very simple ‘in a nutshell’ outline of how these medical negligence claims usually progress:
- Initial conversation
We listen to you, learn what happened and advise whether a potential claim would have reasonable prospects of success. - Collection of records
We request the relevant medical records: scans, CTG traces and hospital documents. - Independent expert evidence
Senior clinicians review what happened and give written opinions. - Letter of Claim
We set out the allegations to the hospital or clinician. - Response from the defendant
They may admit or deny liability. - Negotiation
Many cases settle at this stage. - Court proceedings (if needed)
Issued when liability is disputed or a fair settlement can’t be agreed. - Settlement or trial
Both outcomes aim to secure the best possible future for you or your child.
No Win No Fee Maternity Negligence Claims
Most clients choose to fund their case on a No Win No Fee basis. This means there are:
- No upfront legal costs
- If the claim is unsuccessful, you won’t have to pay any fees
- If the claim succeeds, you’ll pay your solicitors an amount agreed beforehand, and which will have been written into the Conditional Fee Agreement you signed with your solicitor.
You can read more about our No Win No Fee service here.
Talk to Mooneerams As Soon As Possible
If something went wrong during your pregnancy or birth, you don’t need to face it alone, without support. A conversation with an experienced medical solicitor can help you decide what to do next and whether a claim might be possible.
Call Mooneerams on 029 2199 1927 or request a callback using the form on this page.
Posted in Medical Negligence, News
