Clinical Negligence during Pregnancy

Being pregnant, especially for the first time, can be a very daunting experience and you often have to put all of your faith in your midwife or doctor. Thankfully, the vast majority of pregnancies and births happen without any problems at all; however, when something does go wrong, it can be very serious and the effects can be devastating.

If your midwife or doctor fails to treat you correctly, or diagnose a condition they should have picked up and this results in some kind of injury to you or your baby, then you may be able to make a compensation claim for clinical negligence.

Below you will find a list of the most common types of clinical negligence claims during pregnancy or childbirth. If you cannot find the information that you require, telephone us now on 0845 644 5135 for advice or complete our online claim form now.

Examples of cases where compensation may be possible:

Maternal Diabetes or Gestational Diabetes
If you develop maternal diabetes (often known as gestational diabetes) and your midwife or GP fails to spot the signs of the condition developing, or fails to carry out a screening test if you have a family history of it, then there is a risk it can lead to miscarriage or birth defects to the developing baby, such as brain or heart problems. It can also cause the baby to grow to a large size which can lead to difficulties with the birth.

Pre-Eclampsia
Pre eclampsia is a very serious condition that can lead to the death of both mother and baby. It is caused by a defect within the placenta which carries all of the necessary oxygen and nutrients to the developing baby. It can only be cured by delivering the baby, but can sometimes be managed if the baby has not developed sufficiently to be delivered safely. Pre-eclampsia can only be diagnosed by having regular blood pressure checks and urine samples taken; therefore, it is very important that midwives see their patients for regular antenatal checks.

Uterine Rupture and Placental Abruption
The cause of placental abruption is not known, but the symptoms are very obvious. The pregnant mother may suffer from a heavy vaginal bleed or severe pains in her back or abdomen. In some cases uterine rupture can be brought on by labour, especially if it has been artificially induced and not properly monitored. The blood loss is caused due to the placenta separating from the wall of the uterus which can starve the baby of oxygen (sometimes resulting in brain damage or death) and uterine rupture can put the mother at risk of heavy blood loss, damage to her organs and can lead to emergency hysterectomy.

Wrongful Birth Cases
There are many different birth defects a baby can have such as spina bifida, club feet, holes in the heart and Down's syndrome. Some of these defects are much easier to diagnose than others with the use of scans or blood tests. If your healthcare professional fails to diagnose a birth defect which should have been easy to diagnose (perhaps due to a faulty scanning machine or lack of staff training) then you may be able to make claim.

The term ‘wrongful birth’ means that had the mother known about the birth defect she would have terminated the pregnancy rather than giving birth to a child with a physical or mental disability. Compensation claims in situations like this often provide for the costs associated with the ongoing welfare and healthcare of the disabled child.

Clinical Negligence during Labour
If something goes wrong during the birth of your baby due to the negligence of a midwife or doctor then you may be able to make a compensation claim.

Cerebral Palsy
Cerebral Palsy is a brain injury caused by a lack of oxygen to the baby during delivery (see separate page).

Episiotomy and Second or Third Degree Tears
An episiotomy is a surgical incision which is made to make the delivery of the baby easier. It is normally only made if the baby is in distress or if it is thought that the mother's skin would tear without it. If your midwife or doctor performs the episiotomy incorrectly, or does not perform it at all when it is obvious that it is required, it could lead to second degree or third degree tearing of the skin, or other complications such as incontinence.

Erb's Palsy or Brachial Plexus Injuries
The size of the unborn baby should be monitored throughout the pregnancy to ensure that a birthing plan can be made for the birth. If the baby is much larger than normal and they suspect it will cause problems to a normal vaginal delivery, then they should prepare to carry out an episiotomy or a caesarean section. In cases where no action is taken and the baby is large, his or her shoulders can become stuck which is very dangerous and can, in rare instances, lead to death. Even if the baby's shoulders are eventually freed and he or she is delivered vaginally, the trauma to the shoulders may have caused an injury to the nerves meaning that an arm or hand could be paralysed.

Forceps or Ventouse Delivery
If the baby becomes distressed during birth, assistance is sometimes needed to pull the baby out and a choice needs to be made between a forceps delivery and a ventouse delivery. Each method should only be used in specific circumstances and a trained medical professional should know when to use either. Unfortunately, if the wrong choice is made or the equipment is used wrongly, scarring can occur to the baby's face or head and sometimes nerves can be damaged causing the face to droop at one side.

Clinical Negligence after Birth
Once your baby has been safely delivered you will feel relieved that the pregnancy and labour went well; however, if you discover a few months later that your baby was born with a condition which was not immediately diagnosed, you will feel very let down by the medical professionals caring for you.

Congenital Hip Dysplasia
Congenital hip dysplasia a condition of the hip joint and is thought to be a genetic condition. All newborn babies are supposed to be screened for congenital hip dysplasia and checks should also be made at six months and when other development checks are carried out. Providing the condition is found early the prognosis is good. However, if the condition is missed and it is not diagnosed before your baby starts to walk, the prognosis is not so good. More complicated surgery may be required and there are risks of later complications in early adolescence and later middle age.

If you, or anyone you know, has experienced clinical negligence during pregnancy and the mother or child has been injured or has suffered as a direct result, then call now on 0845 644 5135 for advice, complete the on line claim form or request a call back from our registered nurse.