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How To Sue A Midwife
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 considering how to sue a midwife.
Suing a Midwife
1. Viable Claim? - 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 midwife negligence claims for birth injury to the mother include:
- Perineal tear claims: 3rd degree and 4th degree childbirth tear claims
- Episiotomy complications claims
- Placental abruption claims
- Pre-eclampsia claims
- HELLP claims
You are also able to make a compensation claim on behalf of your child. Common midwife negligence claims 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.
2. 3 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.
3. 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.
Contact 1st Claims For Personal Advice On How To Sue A Midwife
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: 01275 774 557) or fill in a midwife negligence online enquiry form here.
What Happens Next?
Complete a Quick Claim Enquiry and this is what you will benefit from:
- Advice on whether you can make a claim and how the claims process works from a specialist claims solicitor;
- Compensation - what can you claim for and how much are you likely to receive;
- Costs - your options for funding your claim; and
- An explanation of what will happen next if you decide to carry on and make a claim (how your solicitor will take care of everything for you).
All on a free, no obligation Quick Claim Enquiry Advice Call.
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