When Could You Make a Maternity Negligence Claim?
A claim may be possible where the standard of maternity care fell below what could reasonably be expected and this caused avoidable injury or harm.
This may include:
- Failure to properly monitor the mother or baby
- Failure to recognise signs of foetal distress
- Delayed or inappropriate treatment during labour
- Delayed decision to perform a caesarean section
- Failure to identify pregnancy complications
- Inadequate postnatal care
- Failure to provide appropriate treatment following birth
A difficult pregnancy or birth does not automatically mean medical negligence occurred. Medical evidence will usually be required to establish whether the care provided was appropriate.
In some circumstances, concerns about treatment during pregnancy, labour or after birth may also fall within wider Pregnancy and Gynaecology Injury Claims, depending on the nature of the injury and the care provided.
How Are Maternity Negligence Claims Investigated?
Your medical records may be reviewed to understand the care provided throughout pregnancy, labour and after birth. This can include maternity notes, scans, monitoring records, test results and details of treatment provided.
Independent medical experts may assess whether the appropriate standard of care was provided and whether different treatment could have prevented or reduced the injury.
Where the concerns relate to treatment provided in a hospital, the circumstances may also be considered in connection with Hospital Negligence Claims.
The investigation may consider whether warning signs were recognised, whether appropriate decisions were made at the right time and whether any delay contributed to the injury suffered by the mother or baby.
What Compensation Could You Claim?
Where negligence is established, compensation may reflect the additional harm caused. Depending on the circumstances, this could include compensation for pain and suffering, medical treatment, rehabilitation, care, travel expenses and loss of earnings.
Where a child has suffered a serious birth injury, the claim may also consider their future care, treatment and support needs.
The level of compensation will depend on the nature and severity of the injury and the losses that can be linked to the negligent maternity care.
No Win No Fee Maternity Negligence Claims
If your claim has reasonable grounds and you are happy to instruct us, we may handle your case on a No Win No Fee basis, subject to the applicable funding arrangements. This can allow eligible clients to pursue a claim without paying legal fees upfront.
As with other Medical Negligence Claims, the circumstances of each maternity case will need to be assessed individually before funding arrangements can be confirmed.
Discuss Your Maternity Negligence Claim
If you believe negligent maternity care caused you or your baby avoidable harm, Step Legal Solicitors can investigate your circumstances and explain your legal options.
Call 0800 195 6412 or contact us online to discuss your Maternity Negligence Claim. Alternatively, you are always free to come to any of our offices during our working hours for a free consultation.






