Welcoming a child should be one of the happiest moments in a family’s life. For parents in Preston, maternity care provided by local hospitals and health professionals is expected to be safe, supportive, and carried out to the highest medical standards. Sadly, mistakes do happen, and when maternity negligence occurs, the consequences can be devastating for both mother and baby.
Understanding what constitutes maternity negligence, the types of injuries it can cause, and how to pursue a claim for compensation is vital for families who have experienced these difficult circumstances.
What is maternity negligence?
Maternity negligence occurs when healthcare professionals fail to provide the correct standard of care during pregnancy, labour, or postnatal treatment, resulting in avoidable harm. This form of medical negligence does not mean that every complication or poor outcome is someone’s fault, but rather that the care fell below what would reasonably be expected of a competent medical team.
Some examples of maternity negligence include:
- Failure to properly monitor foetal heart rate during labour
- Delayed diagnosis of pre-eclampsia, gestational diabetes, or infections
- Mismanagement of prolonged labour, leading to distress for mother or baby
- Failure to escalate care or arrange an emergency caesarean section when necessary
- Improper use of instruments such as forceps or vacuum delivery
- Errors in administering anaesthetic or pain relief
- Neglecting postnatal checks that could detect complications early
When negligence leads to injury, families may be able to pursue a claim to hold the responsible trust or healthcare provider accountable.
Common birth injuries caused by negligence
Birth injuries vary in severity, but their impact can be lifelong. Families in Preston dealing with maternity negligence often face conditions such as:
- Cerebral palsy caused by oxygen deprivation during birth
- Erb’s palsy or shoulder dystocia from mishandled delivery techniques
- Brain injuries from poor monitoring or delays in intervention
- Fractures or nerve damage from excessive force during delivery
- Severe maternal tears, haemorrhage, or infection caused by errors in labour management
- Stillbirths or neonatal deaths where earlier intervention could have prevented tragedy
These injuries often bring not only medical challenges but also financial strain and emotional trauma for the whole family.
The emotional and financial impact on families
The consequences of maternity negligence are rarely confined to the hospital. Families may face years of emotional distress, particularly if a child requires lifelong care. Parents often have to adjust their lives significantly, sometimes leaving employment to care for their child.
Financial implications can include:
- Ongoing medical treatment and physiotherapy
- Specialist care or equipment
- Educational support for children with additional needs
- Modifications to the family home or transport
- Loss of earnings for one or both parents
Compensation is designed to help relieve these pressures and secure the best possible quality of life for the child and family.
Who can bring a maternity negligence claim?
In most cases, parents or legal guardians bring the claim on behalf of their child. If the injury has affected the mother directly, she may also bring her claim. Children who have suffered a birth injury can usually make a claim for themselves once they reach adulthood, with the limitation period typically running until their 21st birthday.
For parents, the general rule is that a claim should be brought within three years of the injury being discovered. This is why it is important to seek legal advice as soon as possible.
How maternity negligence claims are valued
Every case is different, but compensation is assessed to reflect both immediate and long-term needs. Key areas considered include:
- Pain, suffering, and loss of quality of life
- Costs of past and future medical treatment
- Rehabilitation and therapies, including physiotherapy and occupational therapy
- Specialist equipment such as wheelchairs or mobility aids
- Housing adaptations and transport needs
- Loss of income and future earning potential
- Care and support services, either provided by professionals or family members
Compensation is not intended as a windfall; it is carefully calculated to provide the necessary resources for recovery and support.
The claims process for Preston families
The process of making a claim can seem daunting, especially when families are already under stress. A Preston-based solicitor can help guide you through each stage:
- Initial consultation: Discussing your circumstances and advising on whether there may be grounds for a claim.
- Gathering evidence: Obtaining hospital records, witness statements, and medical expert reports.
- Establishing negligence: Proving that the care received fell below accepted standards and caused the injury.
- Negotiating a settlement: Working with the hospital trust or their insurers to secure compensation.
- Court proceedings if necessary: While many cases are resolved without going to court, it is important to be prepared for this possibility.
Navigating this process effectively requires a solicitor with experience in maternity negligence claims.
Why choose a solicitor in Preston?
Choosing a local solicitor provides practical benefits. A Preston-based team will have insight into the practices of local hospitals and healthcare providers, which can be helpful when building a case. Local support also allows families to meet face-to-face, making what is often a difficult process more personal and accessible.
Frequently asked questions
How long will a maternity negligence claim take?
There is no set timeframe, as it depends on the complexity of the case. Straightforward claims may conclude within two years, but those involving lifelong care needs can take longer to resolve.
Can I still claim if my baby has sadly passed away?
Yes. Parents may be able to bring a claim if negligence contributed to a stillbirth or neonatal death. These cases are highly sensitive, and legal guidance can help families pursue justice with compassion and care.
Do I need to go to court to receive compensation?
Not always. Many maternity negligence cases are settled without going to court. However, if the hospital trust disputes liability, court proceedings may be necessary to secure the right outcome.
Taking the next step
If you or your child has suffered harm because of maternity negligence in Preston, you do not need to face the situation alone. Early legal advice can provide clarity, support, and reassurance that you are taking the right steps.
At Marley Solicitors, we understand the lasting impact that birth injuries can have. Our dedicated team is here to guide you through the process of making a claim with care, sensitivity, and professionalism. Contact us today to arrange a consultation with a Preston solicitor who can help your family secure justice and the compensation you deserve.