Birth Injuries to Mother Claims

A woman could sustain many forms of injury during a complicated labour and delivery. Some common injuries are as follows:

• Tears to the perineum
• Deep lacerations to the birth canal
• Injury to the pelvic floor
• Incontinence of bladder
• Incontinence of bowel
• Requirement for prolonged medical or surgical treatment
• Significant blood loss 
• Fistula formation
• Death

There are several causes of injuries that a women could sustain while giving birth. Not all injuries are caused by negligence as some birth injuries cannot be anticipated. However, a complicated or prolonged labour increases the risk of injury to the mother (and child). Some of the common causes of injury to the mother include the use of forceps or other instruments to facilitate delivery of the baby, a failure to perform an episiotomy or a failure to terminate labour and perform a Caesarean section.

If you have suffered an injury while giving birth to your child and the injury has persisted and you suspect that the injury was avoidable, it is wise to seek legal advice from an experienced specialist birth injury solicitor. Your solicitor will investigate the level of care that was provided to you during your pregnancy, labour and delivery, and will provide you with advice on the viability of your claim.

If you succeed in proving that there was a failure to manage your labour and delivery with reasonable care and that your birth injury was caused by this failure, you will be entitled to compensation. Compensation may include pain and suffering, past and future treatment expenses, lost earnings and personal care and assistance.

Ordinarily, you must commence formal legal proceedings within three years of the time at which the alleged negligence occurred. This is subject to the time that you discovered, or ought to have discovered, that you have sustained an injury, the injury is the fault of a heathcare provider, and the injury is worth suing over.

The value of a claim for compensation for birth injury will depend on the nature, extent and severity of your injuries, their impact on your life, and your prognosis. Compensation is determined by calculating your losses including treatment expenses and lost income and the cost of your ongoing requirements for treatment, personal care, and domestic assistance.

If you suspect that your birth injury was caused by negligence and wish to pursue a claim for compensation, the first step is to contact an experienced solicitor. Our experienced specialist birth injury solicitors will explain your rights to you during a free no-obligation consultation. We will investigate a potential claim for compensation by first obtaining your statement and a copy of your relevant medical records. Ultimately, expert opinion will be required in support of the allegations of negligence and the cause of your injuries.

Yes, it is imperative to retain an experienced birth injury lawyer. An experienced birth trauma lawyer would be able to identify the shortcomings in the provision of care to you and conduct a thorough investigation into the circumstances giving rise to your birth injury.