Maternity negligence claims are often filed when a woman has suffered harm because of medical malpractice after giving birth. The law says that it is the responsibility of health professionals to provide you with adequate care during and after your pregnancy, so if they do not meet this standard, they may be found guilty of negligence.
The Law on Maternity Negligence
You’re probably aware that maternity negligence is a legal claim. But what does that mean?
Maternity negligence is a civil claim, which means it’s not a criminal charge or conviction. It can be brought against an individual healthcare professional or organization for their failure to meet the required standards of care during pregnancy and childbirth in England and Wales.
The law on maternity negligence is the same for all women, regardless of whether they are pregnant at the time of their injury or birth injury occurs; whether they gave birth via cesarean section (C-section) or vaginal delivery; and whether they were married or single at the time of conception/pregnancy/birth injury occurred
What Constitutes Maternity Negligence in the UK?
The duty of care owed by a doctor to a patient is well established in law and has been since the 19th century. The same applies to hospitals and midwives. Healthcare professionals must ensure that they provide safe treatment for their patients, and if they fail in this duty then they can be held accountable for any harm caused as a result.
In order to prove negligence in court there must be evidence that:
- The healthcare professional failed in their duty of care (i.e., they did not provide adequate treatment)
- This failure led directly or indirectly (through no fault of yours) to your injury/illness/death
A Woman Suffering from Maternity Negligence
There are many cases of maternity negligence that take place in the UK. Some women suffer from the harm of losing their babies, while others have been injured during birth or in the postnatal period. If you have suffered from maternity negligence and would like to seek accountability for your harm, please contact [email protected]
When Can I Sue for Maternity Negligence?
When you are harmed by negligence, you may have the right to sue for damages. However, there are certain requirements that must be met before you can file a claim in court.
If you have suffered harm due to someone else’s negligence and would like to pursue legal action against them, speak with an experienced attorney who can help decide whether or not your case is strong enough and what steps should be taken next.
Who Should Pay for the Damages in a Maternity Negligence Claim UK?
Who should pay for the damages in a maternity negligence claim UK?
The hospital: This is usually the first place to look when considering who to sue for your injuries. Hospitals have insurance policies that cover them against claims of negligence, so they may not be willing to pay out on your claim unless it is extremely serious. However, if you feel strongly about taking legal action against them and have good evidence of their negligence then go ahead! The obstetrician: Your doctor might not be able to avoid liability altogether but there’s still a chance he or she could settle with you before things go too far down the legal route (we’ll talk more about this later). Health authority: If there were issues with staff training or equipment at your local hospital then it might fall under their jurisdiction rather than being solely owned by one person/organisation such as a GP surgery or private practice where only one doctor works each day instead of being part of larger team like most hospitals are nowadays so check where exactly these facilities belong before starting proceedings against anyone else because otherwise those pesky details could end up costing everyone involved even more money later down line…
What Damages Are Paid by the Defendant in a Maternity Negligence Claim?
Damages are paid by the defendant in a maternity negligence claim. These can include:
- Pain and suffering (emotional distress)
- Loss of earnings, or loss of future earnings if you are unable to work as a result of your injuries (financial loss)
- Costs of future care such as ongoing medical treatment or rehabilitation
If you suffered serious injury after birth, you may be able to file a medical malpractice claim.
If you suffered serious injury after birth, you may be able to file a medical malpractice claim. A medical malpractice claim must be filed within three years of the date of your injury. You can file this claim yourself or through someone else on your behalf (such as an attorney). If you are filing on behalf of another person who was injured in childbirth and she is unable to do so herself because she died as a result of complications from pregnancy or childbirth, then her spouse or partner may be able to file instead.
Conclusion
If you suffered serious injury after birth, you may be able to file a medical malpractice claim. If you think that your doctor or midwife did not provide adequate care during your pregnancy or labor, speak with an attorney who can help determine whether this is true and if so, how much compensation should be awarded for damages.
