Childbirth and Gynaecology Claims
If you or your child have suffered any injuries during childbirth, or during gynaecological procedures, then you may be able to claim medical negligence.
On this page ...
- What is childbirth and gynaecology negligence?
- Who will my gynaecology negligence claim be made against?
- How much can I claim for childbirth or gynaecology negligence?
- Will I have to be medically examined to make a claim?
- How long do I have to make a childbirth or gynaecology claim?
- I’ve suffered childbirth and gynaecology negligence, what should I do?
What is childbirth and gynaecology negligence?
Pregnancy and childbirth are exciting times for expecting parents, but it can be devastating when things go wrong.
Childbirth and gynaecology negligence occurs when a medical professional provides substandard care throughout pregnancy, birth, or during any gynaecological procedure.
Examples of gynaecological negligence include:
- A delay or failure to diagnose ectopic pregnancy
- Failure to screen for infections, illnesses or conditions
- Failing to treat any maternal infection – such as maternal sepsis or UTIs
- Injuries to the child before or after birth
- Injuries to the mother before or after birth
- Mishandled pregnancy complications – such as pre-eclampsia
These are only a few examples, though. If you’re not sure if you’ve suffered from obstetrics or gynaecological negligence, get in touch with our team.
We’ll ask you a few straightforward questions and let you know if you could have a No Win No Fee claim.
Only pay a fee if you receive compensation
Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents. Changing laws mean our solicitors will now take a payment of 35% of the final compensation amount plus VAT for all road traffic accident claims.
First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.
Childbirth and gynaecology claim FAQs
Who will my gynaecology negligence claim be made against?
If childbirth or gynaecological negligence has taken place, it is usually down to the medical professionals working in those departments. This includes midwives, surgeons and gynaecologists.
Your solicitor will determine who your negligence claim should be brought against after reviewing the details of your case. But it will typically be the hospital or trust that treated you.
When you make a claim against an NHS hospital or trust, your compensation will be paid through the NHS Resolution scheme – which effectively acts as an insurer. This means that any settlement you receive will not take away from the NHS budget, or impact the services provided.
How much can I claim for childbirth or gynaecology negligence?
Childbirth and gynaecology compensation amounts will vary from case to case. But claims of this nature will often result in larger payouts due to the long-lasting impact on individuals and families.
For example, if your child suffered a birth injury that will require life-long care, the compensation you receive will need to cover the associated costs. In situations like these, it’s not unusual to see cases settling for hundreds of thousands of pounds in compensation.
We know that no amount of money will make up for what’s happened. But it could help to bring a sense of justice and closure for your family, as well as easing some of the financial stress you’re under.
Will I have to be medically examined to make a claim?
To support your case, your solicitor may ask an independent medical expert to examine you and provide their opinion on whether the care you received was substandard.
As part of this examination, you’ll likely be asked about your medical history and how the negligence you suffered has affected you. There may also be a physical examination.
We understand that you may have concerns about this. But your solicitor will do everything they can to make sure you’re updated and comfortable at every stage, answering any questions you may have.
How long do I have to make a childbirth or gynaecology claim?
You’ll typically have three years to make a childbirth or gynaecology claim. This will start from the date the negligence took place or from when you first became aware of it – usually through a later diagnosis.
There are some exceptions to this rule, though. If your child suffered a birth injury and you’re making a claim on their behalf, you’ll have until their 18th birthday to take legal action. After this, they will have until they’re 21 to make a claim.
While this may sound like a long time, we’d suggest seeking legal advice as soon as you can. This will help you to work out where you stand, and it will also make it easier for your solicitor to access key evidence.
I’ve suffered childbirth and gynaecology negligence, what should I do?
The most important thing to do after suffering childbirth or gynaecological negligence is to seek medical attention. Your wellbeing should come first, so this should be put before anything else.
After this, you might consider making a claim for compensation. Our expert team is here to answer any questions you may have about the claims process as part of a free initial chat.
If we think you could have a strong case, we’ll ask if you’d like to speak to one of our experienced gynaecology negligence solicitors. But this decision will be completely up to you, and you’ll always have the option to call us back if you need more time to think it over.
To get in touch with us, give us a call on the number at the top of the screen, request a callback or start your claim online with our quick and easy form.
We’re here to help, whenever you’re ready.
