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12:29, 12/12/2024
The worrying statistics came to light following an independent government review investigating the state of the NHS – and now experts warn that the issues need to be addressed ‘urgently’.
Lord Darzi, co-director at the Institute of Global Health Innovation, who recently led the review said:
“Our latest report on patient safety in England reveals alarming declines.
“The deterioration in maternity care, in particular, requires immediate action.
“Our analysis highlights a troubling increase in neonatal and maternal deaths, with black women disproportionately affected.”
Meanwhile, researchers from the Institute of Global Health Innovation, at Imperial College London, say the gap between the UK and the best-performing countries for deaths from treatable causes, such as sepsis and blood clots, has widened.
It was found that rates of neonatal deaths (babies born at 20 weeks or after, but who died before they are 28 days old – and maternal deaths – women who die while pregnant or up to six weeks after due to issues linked to pregnancy – increased for the first time in ten years and are still continuing to rise.
Alarmingly, this coincides with a report carried out by the Care Quality Commission, which inspects healthcare facilities found that almost half of maternity units inspected were rated as requiring improvement (36%) or inadequate (12%).
The report, published in September this year, stated that the CQC is “concerned that too many women and babies are not receiving the high-quality maternity care they deserve.
“The safety of maternity services remains a key concern, with no services inspected as part of our inspection programme rated as outstanding for being safe,” it added.
Oakwood Solicitors Ltd Clinical Negligence team assists women who have suffered as a result of negligence – during their pregnancy or whilst giving birth. We know the devastating and sometimes life-altering effects negligence can have at this vital time in the mother and baby’s life.
Carol Cook, Head of Clinical Negligence at Oakwood Solicitors Ltd said:
“Pregnancy and childbirth are physically challenging for both mother and baby and is potentially the most dangerous thing a woman will put her body through. Because of this, it is critical that appropriate healthcare is in place to ensure the safety and well-being of both the mother and child.
“These inexcusable failings in the maternity services are changing the lives of both mothers and children who are suffering severe medical conditions which were often avoidable had appropriate care and attention been put into place.
“In the most severe of cases, I see the lives of both mothers and children being lost because of failings by medical staff and the Hospitals themselves all of which could have been avoided.
“More needs to be done and it needs to be done now to prevent this continued devastation from occurring.”
At Oakwood Solicitors Ltd, our clinical negligence team sees a huge amount of enquiries and cases relating to maternity failings and birthing injuries – and it is crucial that more is done to protect women and their babies. If you have suffered as a result of negligence during your pregnancy or childbirth, get in touch today.
Birth injuries are physical or emotional traumas that can occur during the birth and labour process. Some birth injuries are unavoidable, for example, small tears or mild bruising, however, some are caused as a result of negligence by healthcare professionals.
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:
Meanwhile, babies may also be at risk if healthcare professionals are negligent during their birth.
As well as physical injuries, traumatic births and labour experiences can cause psychological injuries – such as PTSD and post-natal depression for the mother further down the line.
This can often be caused by long, problematic or unexpected experiences – for example, if you have to have an emergency caesarean or your baby has to spend time in special care following their birth.
However, sometimes birth trauma is caused or made worse by negligence or poor communication from healthcare professionals. Sometimes, we hear stories of women being denied pain relief, or having procedures performed on them without their consent.
Birth injuries can affect both mother and baby in different ways. We have rounded up some of the most common birth injuries we see – however this list is not exhaustive, and we may be able to help even if your injury is not on the list.
A lot of women experience vaginal tears during delivery and sometimes this is a natural consequence of childbirth, and they will heal quickly. However, in some cases, these tears are avoidable and can be serious.
These tears can cause a prolonged recovery period and healing time, as well as causing long-term effects on the mother.
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.
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 recover within a few weeks. Your midwife will examine the tear from time to time to ensure good healing
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.
A prolapse of the uterus happens when the uterus slips down into the vaginal canal. This is a result of a woman’s pelvic organs bulging into the vagina or pelvic floor muscles and ligaments have stretched and weakened during childbirth.
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:
Those who have experienced a uterine prolapse may require invasive treatment depending 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.
Many types of birth injuries occur because a medical professional is negligent. The most common types of preventable birth injuries are:
Facial paralysis can occur when there is too much pressure on the facial nerve in the baby’s face during delivery. This can lead to the baby suffering from a lack of movement on one side of the face, and if the nerve is torn, surgery might be needed.
This is a type of birth injury which causes weakness or paralysis of the arm. Brachial palsy is usually caused by abnormal or difficult labour or delivery.
This is usually caused if a doctor or medical professional fails to recognise that labour is going to be complicated. This injury can also occur if a doctor or midwife pulls too hard, causing damage to a baby’s shoulder nerves.
Cerebral palsy is caused if there is a problem with the baby’s brain before, during or soon after birth. It can be caused during pregnancy if an infection such as chicken pox is caught, or by damage to the baby’s brain during or after birth.
Although cerebral palsy is not usually by the actions of medical professionals, there are several ways in which the condition can be a result of clinical negligence.
In some cases, a lack of oxygen to the brain can cause the condition if there are complications during birth. Meanwhile, if medical staff fail to notice the complications or fail to perform a caesarean promptly, their negligence could result in the child having cerebral palsy.
In addition, if the mother has an infection during pregnancy and birth, and medical professionals fail to diagnose or treat the infection in time, the child may be at risk of cerebral palsy due to negligence.
A C-section is a surgical procedure usually carried out if the mother is suffering from certain conditions such as high blood pressure or diabetes if there are problems with the baby or a multiple pregnancies like triplets.
The procedure is carried out by cutting the mother’s abdominal wall and uterus – and although in some cases C-sections are the safest option for mothers, they can cause injuries of their own.
However, most C-section injuries are preventable so if you have suffered harm as a result of negligence, you may be entitled to compensation.
Birthing injuries to women can not only be physical but also affect them mentally. A negative or particularly stressful experience before, during or shortly after childbirth can have a negative impact on a woman’s mental health and well-being.
Experiences during birth affect everyone differently and are highly sensitive, common signs include:
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.
If you feel you have suffered as a result of maternity negligence, you may be entitled to claim compensation for your own, or your child’s suffering.
Medical negligence 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.
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 by the executor of the estate or an 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.
For a successful medical negligence claim, it needs to be proven that:
Our medical negligence team will assist you in obtaining the evidence needed. However, the following can be useful to assist with your claim:
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. Depending 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.
For clinical negligence cases, we will pursue two forms of compensation for you:
This is an award of money for the pain and suffering you have endured as a result of the negligence.
General damages will be awarded based on the severity and ongoing effects of the injury. The Judicial College guidelines will be used as a framework for how much you will be awarded.
This is an award of money for all of your out-of-pocket expenses such as travel expenses, medication costs, loss of earnings, and treatment costs both past and future. This list is not exhaustive and is very case-specific.
We have a dedicated team of solicitors and paralegals who have many years of experience between them in running cases of this nature. They are highly trained to deal with all aspects of clinical and medical negligence, including birthing injuries.
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.
Mother birthing injuries – Oakwood Solicitors
Child birthing injuries – Oakwood Solicitors
Get in touch today for a no-obligation consultation. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9720 to find out how we can help you.
Meet the author
Carol Cook joined Oakwood Solicitors in May 2017 to lead the Medical Negligence Department. Carol handles a wide range of clinical, cosmetic and dental negligence claims and has years of experi…
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