When maternity care fails

This might occur due to poor recovery practices following an operation, administrative errors or a delay in diagnosis of a condition.

In some scenarios, thankfully, the effect to the injured patient is relatively small.

In other instances, however, the effects of medical negligence can have serious, life-altering or life-threatening consequences.

Recently, maternity services across England came under scrutiny due to a two-decade scandal at Shrewsbury and Telford NHS Trust, where poor care left hundreds of babies brain damaged or dead.

Donna Ockenden, an independent midwife, led an investigation at Shrewsbury and Telford NHS Trust and is now reviewing maternity services at Nottingham University Hospitals NHS Trust due to concerns about care.

Additionally, families at University Hospitals Sussex NHS Foundation Trust are calling for an inquiry after nine babies died over a three-year period, according to the BBC.

Four of the mothers who lost their babies said that they nearly died due to “poor standards of care” at the hands of the maternity teams.

It goes without saying that this situation shows the profound impact that medical negligence can have on families.

What is medical negligence?

In the context of maternity care, this can look like various things but in our practice, we commonly see:

• Misdiagnosis or delayed diagnosis of conditions affecting the mother or baby
• Errors during childbirth such as improper use of forceps
• Failure to monitor the baby’s heart rate
• Not recognising signs of distress
• Not providing necessary medical interventions in a timely manner, leading to complications or even death

As solicitors, we establish medical negligence legally by proving three elements:

1. Duty of care – we prove that healthcare providers had a duty of care for their patients.
2. Breach of that duty – we prove that a breach has occurred when the standard of care is not met.
3. Causation – this breach directly causes the injury or harm experienced by the patient.

These elements form the basis of any legal action for medical negligence claims.

Your rights when giving birth

When giving birth, you have rights aimed at ensuring your safety and well-being, as well as that of your baby.

Firstly, you have the right to be fully informed about your care options and to give or withhold consent for any procedure.

This includes understanding the potential risks and benefits of interventions such as caesarean sections, epidurals, or the use of forceps.

You also have the right to receive care in a safe and supportive environment.

This means having access to appropriate facilities, being attended by competent and qualified healthcare professionals, and receiving timely and effective medical interventions when needed.

If the care you receive falls below acceptable standards, you have the right to raise concerns and seek redress.

The NHS Constitution sets out the rights of patients, including the right to complain if things go wrong.

If you experience medical negligence, you can make a formal complaint through the NHS complaints procedure.

You also have the right to seek legal advice and potentially claim compensation for any harm caused.

This process can help cover the costs of any additional medical treatment needed and compensate for the impact on your life.

You also have the right to access your medical records.

This really helps your solicitor if you believe negligence has occurred, as it allows us to review the care you received and gather evidence to support your case.

Have you experienced medical negligence during childbirth?

If you believe you have experienced medical negligence during childbirth, the first thing to do is speak to a solicitor who specialises in these matters as they can help you understand the options available to you.

They’ll probably begin by reviewing your medical records and gathering evidence to support your case.

Then, they’ll work with medical experts to establish whether the care you received fell below acceptable standards and if it directly caused harm to you or your baby.

Our medical negligence team can guide you through the process of making a formal complaint in relation to your treatment and assist you pursuing a legal claim for compensation.

This compensation can help you cover the costs of further medical treatment and provide financial support for any long-term care needs.

Our primary goal with all medical negligence claims is to provide you with caring and compassionate advice and expertise to navigate this challenging time, and to ensure your voice is heard and your rights are protected.

For help dealing with medical negligence, please get in touch with our experts.

Call 01926 35 6000 or email enquiries@alsterskelley.com.