If medical negligence after a C-section has caused you harm, you may find this guide helpful. It contains information about what medical negligence could involve and the circumstances under which you might be eligible to claim compensation.
How to claim for medical negligence after a c-section gone wrong
Medical negligence during birth could affect both the mother and the baby. While a baby cannot make their own claim, an adult could claim on their behalf as a litigation friend.
Keep reading if you’d like to learn more about these topics. Our advisers can also offer information over the phone in a free, no-obligation consultation, with information that will be tailored to your specific circumstances. To learn more:
- Call the number 0113 460 1216 to speak to an adviser
- Complete our online contact form
- Make use of the live chat bubble on the screen now
Choose A Section
- Claiming For Medical Negligence After A C-Section – A Guide
- Does A Healthcare Professional Have A Duty Of Care?
- Examples Of Medical Negligence After A C-Section
- Potential Evidence In A Maternity Negligence Claim
- Potential Compensation Amounts From Birth Injury Claims
- Use Our Panel Of No Win No Fee Medical Negligence Claim Solicitors
- Learn More About Claiming For Medical Negligence After A C-Section
Claiming For Medical Negligence After A C-Section – A Guide
A C-section is another term for a caesarean section. It is a type of operation that can be performed to deliver babies. It involves making a cut across your belly.
Successful birth injury claims require that you show avoidable harm took place. You must also be able to show that the harm occurred because you or your child were not provided with the correct level of care by a medical professional. We will discuss this in more depth in the next section.
Contact our advisers to find out more about birth and maternity negligence claim. The consultation is free, with no obligation to continue with our services just because you got in touch. An adviser may be able to offer insight into the merit of your claim.
Does A Healthcare Professional Have A Duty Of Care?
All medical professionals owe a duty of care to their patients. This means they are obliged to provide you with the correct level of care. They should act in a way that avoids their patients from coming to unnecessary or avoidable harm.
You might wish to claim compensation if you or your baby were harmed by negligence during your C-section. To do so, you need to show that:
- A medical professional, such as a nurse, midwife, or doctor, owed you a duty of care.
- They breached this duty
- Because of this breach, you and/or your baby suffered harm.
If you have further questions about how to demonstrate that medical negligence during your C-section has harmed you and/or your baby, contact our advisers. They will listen to your circumstances and offer insight into the validity of your claim.
Examples Of Medical Negligence After A C-Section
Medical negligence before or during a C-section could take many forms. Some of the ways in which you or your baby could experience preventable harm include:
- A test on your unborn baby is performed incorrectly, and based on the results, they are misdiagnosed, and you’re given a C-section despite a vaginal birth being a safe option. This means that your C-section was an unnecessary medical procedure.
- Due to a lapse in concentration, your surgeon makes an incision towards the top of your abdomen instead of lower down where the procedure should be performed. This is an example of a never event.
Childbirth and c-sections can be painful, and complications can arise even when the right care is provided; some harm you and/or your baby experience as a result of childbirth may not be the grounds for a claim. You can only claim for harm that was caused directly by a substandard level of care.
Read on for more information on the evidence you could provide in support of a claim. You can also speak with our team for free legal advice.
Potential Evidence In A Maternity Negligence Claim
Gathering evidence will help support your medical negligence claim. If you choose to work with a medical negligence solicitor, then they can help you with this process and can ensure that all aspects of your claim are addressed. This is important as you can’t retroactively include things in your claim that have been missed.
Some forms of evidence that you could provide in a medical negligence claim include:
- Witness contact details from anyone who might be able to provide a statement in support of your claim
- Medical records that show details of any treatment you have had to undergo because of the harm you were caused
- Correspondence with the healthcare provider in question. For example, if you reported a medication error that harmed you, then the response from the healthcare institution could be used to support your case
Our advisers can tell you more about evidence that may help a claim for medical negligence after a c-section. Speak with our team for free legal advice.
Is There A Medical Negligence Claim Time Limit?
The Limitation Act 1980 details the time limit in which medical negligence claims can be made. You must begin the claims process within:
- 3 years of the date of the incident
- 3 years of the time you realised that the harm was connected with a breach of duty of care
There are exceptions to these rules. For further guidance on the time limit that could apply to your claim, speak with an advisor today. If your case is valid, you could be connected with a No Win No Fee solicitor from our panel.
Potential Compensation Amounts From Birth Injury Claims
The compensation you could receive from a medical negligence claim can be made up of two heads of claim. The first, general damages, aims to compensate you for the suffering caused by the avoidable harm you experienced.
Instead of including a medical negligence claim calculator, we’ve added the table below. This shows guideline compensation brackets relating to the harm that medical negligence in a c-section could cause.
These figures have been taken from the Judicial College Guidelines, a document that relevant parties will usually refer to when gauging a claim.
| Harm | Injury Level | JCG Figures | Comments |
|---|---|---|---|
| Injury Resulting From Brain Damage (a) | Very Severe | £282,010 to £403,990 | Little to no response to environment, some ability to follow basic commands, and the need for full-time care. |
| Injuries Involving Paralysis (b) | Paraplegia | £219,070 to £284,260 | Award considers presence and extent of pain, depression, degree of independence, and presence or risk of increasing paralysis. |
| Bladder (a) | Double Incontinence | Up to £184,200 | Loss of control over both bowel and urinary functions, accompanied by other medical complications. |
| Bladder (c) | Serious | £63,980 to £79,930 | Control impairment with pain and incontinence. |
| Female Reproductive System (a) | Severe | £114,900 to £170,280 | Infertility and sexual dysfunction, depression and anxiety, pain, and scarring. |
| Female Reproductive System (b) | Significant | £43,010 to £102,100 | Likely permanent sexual dysfunction in a person who has children already or would not have had children. |
| Digestive System (a) | Damage Resulting from Traumatic Injury (i) | £43,010 to £61,910 | Severe damage that leads to continuing pain and discomfort. |
| Digestive System (a) | Damage Resulting from Traumatic Injury (ii) | £16,790 to £27,760 | Severe yet non-penetrating injury that creates permanent or long-lasting complications. |
| Injuries to Pelvis and Hips (b) | Moderate (i) | £26,590 to £39,170 | Significant injury that does not result in permanent disability. |
| Shoulder Injuries (b) | Serious | £12,770 to £19,200 | Dislocation and nerve damage that leads to shoulder/neck pain, elbow aches, sensory symptoms and weakness of grip. |
These figures are intended as guidelines only. Your actual settlement could differ.
Special Damages In Maternity Negligence Cases
Birth injury settlements can include special damages. This second head of claim is intended to reimburse you for financial losses caused by the harm you experienced. For example, they may include:
- Lost earnings, past and future
- Medical expenses related to your recovery and care
- Travel expenses, such as when travelling to and from the hospital
If you have evidence to show that medical negligence caused your birth injury, our advisers could help you take the next step in seeking compensation. Contact us today to find out more.
Use Our Panel Of No Win No Fee Medical Negligence Claim Solicitors
Medical negligence can be a complex area of law, and it may be a daunting prospect to begin a claim on your own. We recommend hiring legal representation to help you navigate the process and advocate on your behalf.
The No Win No Fee solicitors on our panel may be able to offer you a type of agreement known as a Conditional Fee Agreement (CFA).
Under the terms of this type of No Win No Fee agreement, you generally won’t pay for your solicitor’s services if your claim fails. You also usually do not have to pay during the claims process or in order to begin the claim.
Instead, you usually only pay if your claim succeeds. In this event, your solicitor will take a success fee, which is subject to a legal cap.
Contact Us 24/7 To See If You Can Make A Hospital Negligence Claim
If you have further questions about claiming compensation for medical negligence after a C-section, you can call us. The consultation will be free, and our advisers could put you in touch with a legal professional that could help with your potential claim.
Contact us today:
- Call the number 0113 460 1216 to speak to an adviser
- Complete our online contact form
- Make use of the Live Chat bubble on screen now
Learn More About Claiming For Medical Negligence After A C-Section
Below, we have included external resources related to this subject:
Nursery and Midwifery Council (NMC) – A link to the regulatory body for nurses and midwives
NHS Resolution Report – The 2020/21 annual report and accounts for NHS Resolution, which deals with claims made against the NHS
Statutory Sick Pay – Government information about statutory sick pay
We have also included some links to more of our guides below:
Claiming for the misdiagnosis of meningitis
Types of medication errors that could entitle you to claim
Claiming for prescription errors
If you would like to know more about pursuing compensation for medical negligence after a C-section, get in touch.
Writer Morgan Faust
Publisher Fern Snicket
