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We expect the highest quality of care during our pregnancy and antenatal treatment. But sometimes things do go wrong and mistakes can be made.
If you or your child has suffered as a result of medical mistakes or negligent care during your pregnancy, you may be able to claim compensation.
Our specialist medical negligence solicitors are experts in helping women and their families claim maximum compensation for pregnancy-related negligence across many claim types, including:
Doctors, midwives and nurses follow agreed procedural guidelines to ensure the safety of mother and child before, during and after birth. They must provide appropriate antenatal care during the pregnancy, such as scans and testing, to ensure any emergency signs that mother and/or child is in danger are quickly spotted and the appropriate action taken.
They must also take every measure possible to ensure mother and child do not sustain any injuries during the birth, such as lack of oxygen (e.g. during delivery), breech birth, damage from medical instruments, inadequate suturing or anaesthetics. Mistakes or negligence during the delivery can cause serious gynaecological injuries for the mother and serious birth injuries, such as cerebral palsy and Erb’s Palsy for the child. Click here to read more about birth injuries.
Our team will meet with you, in the comfort of your own home, to discuss the details of your claim and advise you on the best way to proceed. They appreciate how difficult a time it can be if you or your child has sustained a life-changing injury during pregnancy, and will take time to listen to your needs or concerns and to ensure that the claims process is as straightforward as possible.
Our team has proven expertise in managing medical negligence cases, such as negligence during pregnancy. They have helped many clients secure damages from those responsible.
With No Win No Fee funding, as well as interim payments, we can help alleviate any financial burdens caused by your injury — and help you to ensure that you and your child receive any vital early specialist treatment.
Frequently Asked Questions
We know the thought of talking to a medical negligence solicitor about making a pregnancy-related compensation claim can be daunting. However, it could mean that you get the answers you need and help you access specialist medical treatment and rehabilitation.
If your baby has suffered an injury because of negligence medical care during your pregnancy, you may be entitled to make a compensation claim on their behalf, as their parent or legal guardian.
Here is what you need to know:
Yes. The general rule is that you have three years from the date of the injury or from the date when you realised yours, or your baby’s, injury may have been caused by someone else’s mistakes or negligence.
If you are claiming on behalf of your baby, you can claim at any time until the child turns 18. When the child turns 18, they can bring a claim in their own right but the three year time limit will then apply and they will have until they are 21 to do so.
There are exceptions to this rule. For example, there is no time limit for people who don’t have the mental capacity to make legal decisions and different time limits apply for some injuries or illnesses sustained abroad.
Time can be a critical factor in compensation claims, so it’s important to get in touch with our specialist medical negligence team as soon as possible for expert advice.
The amount of compensation you or your child may receive depends on the severity of their injuries and the impact on their life both now and in the future. It is likely that significant, life-changing injuries will result in increased awards to provide funding for medical treatment, rehabilitation, care and support, adaptations to the home and other financial losses such as loss of earnings and pension. Click here to read more about compensation.
If your child’s claim is successful, before they reach the age of 18 their compensation will be paid into the court where it will be invested on their behalf until they turn 18. As the child’s parent or legal guardian, it is possible to apply directly to the court to release money to pay for things such as medical treatment or education support which will only be authorised if the court is satisfied that it is necessary. Any amount awarded to your child has to be agreed to in an infant approval hearing, before any amount can be paid out. Your child may need to attend this hearing or you may be able to attend on their behalf, depending upon their age and the severity of their injuries. Click here to read more about infant approval hearings.
If your child has the capacity to make their own decisions, once they reach the age of 18 they will be paid their compensation in full together with any interest that has accrued over time.
If they lack capacity to manage their finances, their funds will be managed by the Court of Protection. The Court of Protection is a legal body dedicated to helping those who lack the mental capacity to make their own decisions. The Court of Protection will appoint a ‘Deputy’ who will manage the compensation that has been awarded to your child, to make sure their finances are properly taken care of and the award lasts for their life time. Parents and family members can be Deputies for their children but often professional Deputies are appointed to provide expert and dedicated support to the individual. So long as the lack of capacity has been caused by the injury suffered, the cost of a professional Deputy can be recovered through the claim itself.
When dealing with such claims we frequently partner with our sister firm Hyphen Law, which specialises in helping to manage the property and financial affairs of those whose lives have been affected by a brain injury or similar impairment and lack the capacity to make their own decisions. They can offer Professional Deputyship services as well as advice on other ways to protect your child’s compensation, such as personal injury trusts. Click here to visit Hyphen Law’s website and learn more or, alternatively, contact us on FREEPHONE 0800 884 0777. One of our team will be able to provide you with more information.
There are no upfront or hidden costs when you make a compensation claim with Novum Law…read more
Most cases are settled without going to court. It is often necessary to issue court proceedings…read more
Yes, if your loved one died and someone else was to blame, you may be able…read more
If you are making a compensation claim and you’re unhappy with the service or advice you are…read more
If you have a question that is not listed above, please visit our FAQs page. Alternatively, please call our specialist team on Freephone 0800 884 0777 or contact us online for a free, no-obligation chat.
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Why choose us?
As expert solicitors focusing on serious personal injury and medical negligence, you can trust us to get the best results for you and your family.
We understand what you are going through, and we will be there for you every step of the way throughout your claim and beyond.
Our No Win No Fee guarantee means you can make a risk-free compensation claim with no legal costs or charges if your claim is unsuccessful.
Specialist rehabilitation, medical care and support can make a huge difference in your life. We work with the best providers to get the treatment you need.
The professionalism with which you have handled my claim put my mind at ease and was less stressful than I could have imagined.
Going with Novum Law was the best thing I’ve ever done.
Novum won the case for me, and helped me get my life back together
I would have no hesitation in recommending Novum Law and your services.
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