Childbirth Negligence: What is birth trauma and can you claim compensation?

Are you suffering from birth trauma as a result of medical negligence? You may be entitled to claim compensation. Find out more before contacting our medical negligence lawyers today.

Sadly, medical negligence does happen and it can occur during prenatal care and childbirth. Childbirth negligence can lead to birth trauma and serious consequences for your future. Some birth injuries can prevent you from returning to work for an extended period of time, causing loss of income. However, there are options for compensation available for birth injuries suffered as a result of medical negligence

What is birth trauma?

Birth trauma is defined as a wound or serious injury (physical or psychological) that occurs after childbirth. These injuries can be long-lasting and if not treated properly, can lead to even more complications. 


Physical birth trauma

Examples of physical birth trauma include:

  • Perineal tears
  • Excessive bleeding
  • Umbilical cord complications
  • Pelvic fractures
  • Caesarean wounds


Psychological birth trauma

Examples of psychological birth trauma include:

  • Postnatal depression
  • Post traumatic stress
  • Obsessive compulsive disorder

Birth trauma and medical negligence

Unfortunately, the reason for birth trauma may sometimes be a result of medical negligence due to the fault of medical staff.

Whilst childbirth can be an exciting and wonderful time, there is also risk of things not going as planned with adverse impacts for both the mother and the newborn.

Examples of medical negligence during pregnancy and childbirth may include:

  • Lack of pre-screening for birth defects
  • Improper use of birthing equipment 
  • Mismanagement of pregnancy complications
  • Negligent caesareans that cause damage to organs
  • Infant injuries due to lack of oxygen
  • Improper postpartum care

If you suspect that medical negligence occurred during your pregnancy or delivery, and you feel you may be suffering from birth trauma, you could be entitled to make a medical negligence compensation claim

How to make a hospital negligence compensation claim

Medical negligence occurs when a medical or health professional acts negligently in the performance of their care for you. As mentioned above, medical negligence can range from inactions or actions, all the way from the term of your pregnancy to the delivery of your newborn.

To prove that medical negligence caused your birth trauma, you need to show:

  • You were a patient of the health professional at the time of the injury
  • The healthcare professional was negligent in their treatment of you
  • You suffered birth trauma as a result of their negligence

Gathering the relevant documentation is critical to proving your medical negligence claim. You will need to obtain the details of your treatment or lack of treatment to show that your birth injuries were a result of negligence. 

If you are having trouble obtaining the relevant information, you should speak with a medical negligence legal specialist. You cannot be denied your hospital rights as a patient to access your own treatment records.

We can help

Complications during childbirth can be extremely traumatic and where they are caused by medical negligence, you may be entitled to claim compensation. The no-win-no-fee lawyers at Masselos & Co are highly versed with medical negligence claims for birth trauma and can guide you through the process to get the compensation you deserve. Book your free consultation today.

Get in touch today

Our expert lawyers are on hand to answer any questions you might have, with no obligation.