Case Studies

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Midwife Negligence Claims Solicitors

Our medical negligence team specialise in midwife negligence claims. Our specialist solicitors have won compensation for mothers and newborns who have suffered injuries through midwife error and medical negligence:

  • during pregnancy
  • during labour and birth
  • after the birth

Being pregnant, especially for the first time can be a very daunting experience where you often have to put all of your faith in your midwife or obstetrician.

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


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Midwife negligence

Midwives provide a valuable service to patients but errors in treatment can have serious consequences on you and your baby.

Midwife errors can cause injury to either the mother, the baby or both. Some of these birth injuries are unavoidable, however each year there are a number of cases where injuries are caused by
medical negligence. Some of the types of birth injury that can occur because of midwife negligence include:

One of the most common injuries caused through medical negligence is cerebral palsy. Our dedicated team regularly deal with these types of cases and have the expertise to ensure that you receive the highest award possible to provide for rehabilitation, care, support, therapies and education. We act on a 'no win, no fee' basis.


Call Freephone 0800 358 3848

If you think you, or a member of your family has suffered because of Midwifery Negligence, our specialist team of solicitors can help you recover the compensation you and your family deserve, Call us today or start your claim online and we will call you back.



Cerebral Palsy

Cerebral palsy effects approx. 1 in every 10,000 babies born in the UK. It is an umbrella term encompassing a group of non-progressive, long lasting motor conditions that cause physical disability in human development, chiefly in the various areas of body movement.

There are many types and subtypes of cerebral palsy and none of them have a known cure. Usually, medical intervention is limited to the treatment and prevention of complications arising from Cerebral palsy's effects.

Cerebral palsy is a condition that can be caused if a baby being starved of oxygen during birth. This causes damage to the brain and may result in the baby having physical or intellectual disabilities. Research is still ongoing but it is estimatedesetimated that as many as 20% of cerebral palsy cases are as a result of mismanagement of the birth process and the failure to act quickly if there are any signs of trouble.

Many babies who have been effected by birth injuries will require help and assistance for many years - sometimes even for the rest of their life. Many families don't have the resources to provide the very best care they would want for their baby and a cerebral palsy legal claim can provide the funding for future treatment, rehabilitation and care.


Erb's Palsy

Shoulder dystocia (stuck shoulders) can be identified during labour and steps should be taken to avoid injury during delivery. Failure to correctly identify this could mean there has been medical negligence. It occurs when the head has been delivered but the shoulders are too large and are impacted on the mother’s pelvis.

When the baby is delivered, if it is larger than average, there can be an injury to the neck which results in damage to the nerves (brachial plexus nerves) which control the muscles in the shoulder, arm or hand, and the nerves are paralysed. This injury may result from shoulder dystocia, causing the nerves to stretch or tear, although this is not always the case.

Symptoms for the baby may be a limp or paralysed arm, lack of muscle control in the arm, hand, or wrist. There may also be a lack of feeling or sensation in the arm or hand.


Injuries to the mother

The main birth injuries that can affect the mother include vaginal tears, fissures, incorrect suturing (sewing) following an episiotomy or a Caesarean, failure to manage pre-eclampsia and infections.


Other Types of Birth Injury Claims

Although Cerebral Palsy is the most common form of Birth Injury Claims, there are many other types of birth injury, including varying degrees of damage to the brain and scarring or nerve damage caused by tools used during assisted deliveries (e.g. forceps). Negligence during the birth of a baby may even result in stillbirth. We have been successful in birth injury claims involving:

  • Umbilical cord problems
  • Ruptured placentas
  • Infant death


Midwife negligence during pregnancy

There are a number of midwife errors that can have serious consequences during pregnancy. These include:

  • Failure to diagnose maternal diabetes or gestational diabetes
  • Failure to diagnose pre eclampsia
  • Failure to diagnose uterine rupture and placental abruption
  • Wrongful birth cases

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


Maternal Diabetes or Gestational Diabetes

If your doctor or midwife fails to diagnose maternal or gestational diabetes there can be serious consequences. Failure to carry out a screening test and diagnose diabetes can lead to miscarriage or birth defects, including brain and heart defects.

Gestational diabetes can also result in a very large baby and this can cause difficulties with the labour and birth. Your doctor or midwife should spot the signs of maternal/gestational diabetes and if they fail to do so you may be able to make a claim for compensation.



Pre eclampsia is a complication of pregnancy. Women with pre-eclampsia have high blood pressure, protein in their urine and may develop other symptoms and problems.

The more severe the pre-eclampsia, the greater the risk of serious complications to both mother and baby. Pre-eclampsia is due to a problem with the placenta (which carries all the necessary oxygen and nutrients to the baby in the womb), and the usual treatment is to deliver the baby early. Medication may be advised to prevent complications.

Pre-eclampsia can only be diagnosed by having regular blood pressure checks and urine samples taken so it is important that midwives see their patients for regular antenatal checks. Pre-eclampsia is a very serious condition and can lead to death of both mother and baby.

If your doctor or midwife negligently fails to diagnose your pre-eclampsia and this causes an injury to you or your baby you may be able to make a birth injury claim.


Uterine rupture and placental abruption

The cause of placental abruption is not known but the symptoms are very obvious. The pregnant lady may suffer from a heavy vaginal bleed or severe pains in her back or abdomen. Uterine rupture can be caused by some labours, 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 blood loss and damage to her organs, as well as leading to emergency hysterectomy.

If your doctor or midwife fails to diagnose or effectively deal with these emergencies and you or your baby suffer injuries as a result, you may be able to take a claim for compensation.


Wrongful birth

Sometimes parents have not been warned that a child will be born with a specific genetic disability. In some instances if they had been warned they would have terminated the pregnancy.

There are many different conditions that a baby can be born with including:

  • spina bifida
  • club feet
  • holes in the heart
  • Down's syndrome. 

If your doctor or midwife 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 a medical negligence for wrongful birth. In situations like this, damages often provide for the costs associated with the welfare and healthcare of the child who has been born with a debilitating condition.


Clinical negligence after birth

Once your baby has been safely delivered you will feel relieved that the pregnancy and labour went well. But 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 is a condition of the hip joint and is thought to be a genetic condition. All newborn babies should be screened for congenital hip dysplasia, and checks should also be made at 6 months and when other development checks are carried out. Providing the condition is found early the prognosis is good.

If the condition is missed by your healthcare professionals 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.


Contact us

If you or your child have been affected by any of the conditions or injuries above, please call any member of our medical negligence team.

All enquiries are completely free of charge and we will investigate all funding options for you including legal aid and no win, no fee.

  1. You can speak to any member of our Medical Negligence team on freephone 0800 358 3848

  2. e-Mail us at or,

  3. Complete our short enquiry form.


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