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Mother Birthing
Injuries

Have you received negligent
treatment?

  • No-Win, No-Fee
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  • Straight-talking and friendly advisors
  • No-obligation consultation and claim assessment
  • Support and advice whenever you need it

Testimonials

Joseph the solicitor who spoke with me, was very polite, caring and actually listened to me which is rare for a solicitor to do. He explained everything to me so that I could understand him.

Karen Bemrose

I just want to say how grateful I am for Carol to be helping me and fighting by my side. She was really polite and friendly which made me feel very at ease and very comfortable to go ahead with this claim. Thank you so much.

Jack David

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agreement available on pharmacy claims cases.

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3+ decades

of combined experience in Medical Negligence litigation.

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The experts in Medical Negligence Claims

Oakwood Solicitors Ltd’s specialist Medical Negligence department has an in-house team of solicitors and legal professionals dedicated solely to this area of law.

With over 30 years of combined experience, we are dedicated to assisting clients who have suffered physically, mentally, and financially as a result of negligent medical treatment.

The specialist team pursues an array of medical negligence claims ranging from prescription errors and misdiagnosis to complex birthing injury and spinal claims and everything else in between.

Causes of birth and maternity injuries to mothers

Injuries to mothers arise during the pregnancy itself or as a result of child birth. These injuries can be a natural part of having a baby however, some birth injuries are avoidable and take place during labour or delivery.

Every mother is entitled to a good standard of antenatal care and your midwife, nurse or Doctor should detect any signs which could lead to a birth injury. Some main causes of maternity injuries include:

  • Failure to identify the progression of labour
  • Mismanagement of maternal conditions such as high blood pressure and pre-eclampsia
  • Decisions about the mode and timing of delivery e.g. should a c-section have been brought forward
  • Mismanagement of infection e.g. Group B Strep
  • Surgical errors
  • Retained Placenta, sometimes resulting in infection.

Common types of injuries to mothers

Birth injuries suffered by mothers are varied. This section deals with some of the most common injuries but not all of them. Please contact the Clinical Negligence department for a member of our specialist team who will sensitively discuss your enquiry.

 

Vaginal Tears

Many women experience vaginal tears during delivery. Sometimes this is a natural consequence of child birth and they quickly heal, however, sometimes these tears are avoidable and are serious which causes a prolonged recovery period and healing time, as well as causing long term effects on the mother.

First degree tears: These are skin-deep and only affect the outermost layer of skin around the vaginal and perineum, These are superficial and will heal on their own.

Second Degree tears: These are deeper tears, effecting the muscles of the vagina. Stitches are normally required to help the tear heal. These are usually painful and will recovery within a few weeks. Your midwife will examine the tear time to time to ensure good healing

Third and Fourth Degree tears: These are the most serious tears which are deeper, they affect the skin, tissue and muscles extending to the anal sphincter. These require careful surgical repair.

 

Uterine Prolapse

A prolapse of the uterus happens when the uterus slips down in to the vaginal canal. This is as a result of  a women’s pelvic organs bulging in to the vagina or pelvic floor muscles and ligaments have stretched and weakened during child birth.

A prolapse of the uterus is more likely in cases where women have endured a particularly long, traumatic or difficult labour. Women who have a larger baby are also at more risk of a uterus prolapse. Symptoms of a uterine prolapse include:

  • Urinary incontinence
  • Pain during sexual intercourse
  • A sensation of heaviness in the vaginal or pelvic area

Those who have experienced a uterine prolapse may require invasive treatment dependant on the severity, such as a hysterectomy, this involves the removal of the womb meaning a woman cannot have any more children. However, sometimes it requires the surgical repair of the pelvic floor muscles.

 

Post-Natal depression (PND) and post-traumatic stress disorder (PTSD)

Birthing injuries to women can not only be physical but also affect them mentally. A negative or par5ticularly stressful experience before, during or shortly after childbirth can cause a negative impact on a women’s mental health and well-being. Experiences during birth affect everyone differently and are highly sensitive, common signs include:

  • Difficulty bonding with their baby
  • Difficulty with sleeping
  • A feeling of guilt and isolation
  • A feeling of exhaustion and hopelessness
  • The feeling of ‘failure’, and that the events of a baby’s birth was their own fault

Many women will suffer silently and not seek help with PND and PTSD. However, it is a common effect of birth with 3 in 10 new mothers experiencing PND or PTSD. These are serious injuries and require the correct treatment.

 

If you feel you have experienced any of the above, please contact the Clinical Negligence team at Oakwood Solicitors who will be able to advise in respect of a claim.

Who can bring about a claim?

The victim of the negligence can bring about a claim in their own right. However, it may sadly be the case that the victim is no longer able to bring about a claim or has passed. In such circumstances a claim can be brought about the executor of the estate or authorised person.

For further information about whether you are able to bring about a claim, please contact the medical negligence team who will be able to advise further.

How long do I have to claim?

Claims of this nature are subject to a three year limitation period. This means that claims have to be commenced within the courts in three years of either the date the negligent act occurred or the date you became aware that negligence had occurred.

In cases involving deceased victims this limitation period commences from the date of death and in cases involving minors, the limitation period starts when they reach their 18th Birthday.

The law surrounding limitation periods is complex, our specialist team will be able to advise further.

Frequently asked Questions

How long will my case take to run?

Given the complexities involved in pursuing Clinical Negligence claims, they can often take 12-18 months to conclude and longer if Court proceedings have to be issued.

Our investigations start by obtaining all relevant records and protocols before approaching the Defendants in claims of this nature. Dependent upon the injury suffered, independent medical experts may need to be consulted. We will provide you with regular updates on the progress of your case to ensure that you are kept up to speed.

How much is my claim worth?

It is often difficult to value clinical negligence claims at their outset given the complexities involved however we will pursue two forms of compensation for you:

  1. Firstly we will pursue compensation known as general damages – this is an award of money for the pain and suffering you have endured as a result of the negligence.
  2. Secondly we will pursue compensation known as special damages – this is an award of money for all of your out of pocket expenses such as travel expenses, medication costs, loss of earnings, treatment costs both past and future. This list is not exhaustive and is very case specific.

How is my case funded?

The majority of Clinical Negligence cases are funded by a Conditional Fee Agreement, more commonly known as a ‘no-win, no-fee’ agreement. This means that there will be nothing to pay up front and nothing to pay if the claim has been lost.

If you are successful in your claim a deduction of 25% of damages will be taken to cover the success fee and the shortfall in legal fees.

It may also be the case that an After The Event (ATE) insurance policy will be obtained to cover the costs of expensive medical reports and investigations. If an ATE insurance policy has to be obtained the cost of the same will be discussed with you at the appropriate point.

The cost of the ATE insurance policy is again taken from your damages and only payable if you are successful with your claim.

Why should I choose Oakwood Solicitors Ltd?

We have a dedicated team of solicitors and paralegals who have many years’ experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence.

Oakwood Solicitors Ltd wishes to ensure that clients are not overwhelmed by legal jargon or medical terms that they don’t understand and aims to allow the claims procedure to be as transparent as possible.

For some examples of successful cases and claim amounts awarded, read the case studies featured here.

What do I do now?

If you believe or feel you have a claim, contact us for a no-obligation consultation regarding your options:

Carol Cook
Carol Cook — Head of Medical Negligence Department

Carol joined Oakwood Solicitors in May 2017 to lead the Medical Negligence department. She handles a wide range of Clinical and Dental Negligence claims and has a specialist interest in Birth Injuries.

Carol has years of experience in handling complex clinical and Dental Negligence claims securing substantial amounts of damages for her clients. Carol studied her law degree (LLB honours) at Salford University.

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