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Midwife Negligence Claims
If you or a loved one suffered an injury due to the provision of inadequate care by a hospital's antenatal clinic or midwifery team, you may be entitled to compensation.
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Midwife Negligence Compensation Claims
These days expectant mothers are fortunate to have a choice of a few different modes of antenatal care. Women may choose to have their antenatal care at the antenatal clinic of their local public hospital or shared antenatal care between their GP and the public hospital’s antenatal clinic. Some women choose to be under the care of a specialist obstetrician for antenatal care. Regardless of a woman’s choice of antenatal care, all women deserve to receive the same level of antenatal care to ensure an uneventful pregnancy and safe delivery of a healthy child.
Women that choose to have their antenatal care at the antenatal clinic of their local public hospital are often under the supervision of the midwifery team. There is usually some involvement by the hospital’s obstetric team if the woman has a high-risk pregnancy and complications are expected. However, in a seemingly uneventful pregnancy that appears to be progressing normally, antenatal care is usually predominantly, and sometimes exclusively, provided by the midwifery team.
Midwives are an integral part of the obstetric health system and are essential in providing healthcare to expectant mothers and their children. Midwives must be able to identify the clinical indications that require the attention of the obstetric team and must effectively communicate their observations or concerns to the obstetric team. There are times, however, when a midwife fails to perform an adequate antenatal examination, which leads to the failure to appreciate the requirement for the involvement of the obstetric team.
If abnormalities that develop during the antenatal period are not recognised, they could result in serious complications during labour and delivery. Sadly, although some of those complications that can develop during labour and delivery are preventable if they are anticipated and addressed, sometimes this does not occur due to a failure on the part of the antenatal team. Those complications could be quite serious and give rise to a medical emergency during labour and delivery, and they could be life-threatening to the mother and child.
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I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference. Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze. When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.
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Midwife Negligence Frequently Asked Questions
Midwife negligence is negligence on the part of a midwife or midwifery team in the course of management of a woman’s pregnancy, labour and delivery. Midwife negligence can occur at any time from the early antenatal period until birth of a child and can occur in birthing units and delivery suites.
Common examples of midwife negligence include a failure to monitor the heart rate of the baby adequately and regularly before birth, failure to accurately interpret a CTG trace and failure to identify medical situations that require urgent obstetric intervention.
Midwife negligence can result in serious injuries to both mother and baby. Women can sustain internal injuries such as lacerations and and may lose a significant volume of blood, which could be life-threating and even fatal in some instances. Babies can also sustain lacerations and physical injuries as well as profound injuries such as brain damage that results in lifelong disability and even death.
If you or your child sustained injuries during birth that was predominantly or exclusively managed by midwives, it is wise to seek legal advice from an experienced solicitor. Your solicitor will investigate the level of care that was provided to you by the midwifery team during labour and delivery, and will provide you with advice on the viability of your claim.
If you are successful in proving that there was a failure by the midwifery team to manage the birth of your child with reasonable care, and you or your child have suffered an injury as a result of this failure, you will be entitled to compensation. Compensation may include pain and suffering, past and future treatment expenses, costs of personal care and assistance and any lost earnings.
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 or your child have sustained an injury, the injury is the fault of the midwifery team, and the injury is worth suing over.
You are required to prove that there was a failure by the midwifery team to provide you with reasonable care, which caused injury to you and/or your child. Expert evidence is often required from a midwife and an obstetrician to prove negligence.
Expert opinion from a midwife is required in support of the allegations of negligence that the midwife failed to provide you or your child with reasonable care. It would be difficult to prove that there was midwife negligence in the absence of such evidence.
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Birth Injury Compensation
You and your child may be entitled to compensation, if you have suffered an injury following pregnancy, labour or delivery, and you suspect the injury was caused by a failure to provide you or your child with adequate care at any time during your pregnancy and leading up to the birth of your child.
Forceps Delivery Injuries
You may be entitled to compensation if you or a loved one suffered an injury due to the incorrect or inappropriate use of forceps or other obstetric instruments.
Stillbirth Claims For Compensation
If you or a loved one have suffered the loss of a baby and developed a significant psychiatric injury due to witnessing the events surrounding the loss of your baby. In that case, you may be entitled to compensation.
Inadequate monitoring of baby’s heart rate
If your child has suffered birth trauma or a brain injury, which you suspect occurred at or around the time of birth, your child may be entitled to substantial compensation.
Negligence in antenatal prenatal care
If you or your child have suffered an injury following pregnancy, labour, or delivery, and you suspect the injury was caused by a failure to provide you or your child with adequate antenatal care, you or your child may be entitled to compensation.
Injuries sustained at birthing centres
If your child has suffered birth trauma or a brain injury, which you suspect occurred at or around the time of birth, your child may be entitled to substantial compensation.Read the latest news in Medical Negligence
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