How To Sue A Midwife

Can I Claim For Midwife Negligence?

All medical professionals, including midwives, are expected to perform to a certain standard. This is judged against the work of their peers. If a midwife acts in a way which it is ruled that a reasonable body of midwives would not, and this directly causes a mother or baby harm, that midwife has been negligent. If your childbirth resulted in injury to you or your child, you may be able to claim compensation.

Midwife Negligence

Obviously the first thing you need to find out when you are thinking of suing a midwife is whether or not you have viable grounds to make a claim. Common scenarios for birth injury to the mother include:

You are also able to make a compensation claim on behalf of your child. Commonscenarios for birth injury to the child include:

Midwife negligence claims for both mother and child:

It is absolutely vital that you speak to a specialist medical negligence lawyer, who has experience in dealing with midwife negligence claims. They will be able to give you the expert advice you need regarding your claim.

Every situation is different so if you do not fit into one of the categories above do not despair, simply give 1st Claims a call for a chat. You may still be able to make a claim against your midwife for negligence.

Year Deadline - All medical negligence claims have a deadline of 3 years in which you need to make a claim. You will not be able to gain compensation if you do not enter into the midwife negligence claims process within 3 years of the date of the incident or 3 years from the date of your knowledge of the midwife's negligence. 1st Claims advise that you make a claim as soon as you feel healthy enough to. This is because the incident will be fresh in your mind and any injuries you or your child is suffering are likely to be at their most prominent.

Keep A Record - Your claim will need to be substantiated with evidence. The more evidence you have, the more likely you will be to win the case in court. All records of your physical and psychological injuries will serve to ensure that you are awarded the correct midwife negligence compensation figure by the courts. You may wish to keep a diary, or photographic evidence. Also ensure you keep a note of any financial losses which have occurred as a direct result of the negligence - e.g. travel costs, prescription costs and loss of earnings.

What are the Costs?

1stClaims does not charge you for using our service and all initial enquiries with our Solicitors are also free of charge, so rest assured, this initial step of making an enquiry will not cost you anything.

Once one of our Solicitors has assessed the merits of your enquiry they will make a judgement on the likely chances of bringing a successful claim and if the prospects are good, they will normally offer to take your case on a No Win No Fee basis. NOTE: If your case is successful your Solicitor will deduct up to a maximum of 25% of your final settlement or compensation award as payment for their fees. You can find out more about No Win No Fee arrangements and the potential costs that can be incurred by clicking here.

Find Out More

Contact 1st Claims For Help With Your Claim

We completely understand that considering whether or not sue your midwife for compensation will be an extremely difficult decision to make. Parents will very upset about the experience they have gone through. This is why we offer everyone a free initial enquiry with one of specialist medical negligence team so you can talk through your claim. Simply give us a call on 0800 2888 693 (from a mobile click to call: 01348 630 720) or fill in a midwife negligence online enquiry form here.


We are here to help you from 8am to 8pm Monday to Friday,
8.30am to 6pm on Saturday and 9am to 6pm on Sundays.

Make a claim now or you can speak to us on 0800 2888 693

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