Can You Claim Compensation After A Traumatic Birth?

compensation birth

Giving birth is something that many mothers look forward to, getting to see their baby for the first time after nine long months of pregnancy. While everybody knows that labour and childbirth is a painful experience, thanks to modern medicine, there are plenty of options available to today’s new mothers when it comes to pain relief and making the birth an easier and more comfortable experience.

However, things don’t always go to plan, and if you’ve experienced a traumatic birth, it may have had long-lasting effects on yourself or your baby. Medical malpractice during childbirth can have drastic consequences, including mothers with post-traumatic stress disorder or babies born with injuries or conditions that could have been avoided. If this sounds anything like your story, here are some instances where you may be able to claim compensation after a traumatic birth.

#1. Birth Injuries

Should your baby have been born healthy and well, only to end up born injured or even sick because of a traumatic birth? Trauma sustained during delivery, such as nerve damage or broken bones, brain injury, including cerebral palsy, paralysis, untreated jaundice, brachial plexus injuries, meconium aspiration, excessive bleeding and infections are just some common examples of birth injuries that may be sustained by an infant in a traumatic birth. If your child has suffered with any of the above, you might want to consider consulting with a birth injury lawyer to start getting the compensation you deserve.

#2. Injury to Mother

Some injuries such as tearing are common and expected during childbirth, but if you have suffered more due to a traumatic birth, then you may be eligible to claim compensation. This is especially true if the injuries that you have suffered could have been avoided with the right medical care or are a direct result of negligence on the part of your doctor or midwife. Incorrect stitching after birth, for example, can lead to infections and other complications.

#3. Mother’s Mental Health

Even if neither you or your baby are physically injured as a result of a traumatic birth, the effect on the mother’s mental health can be long-lasting. A mother who has suffered medical negligence, for example, may suffer post-traumatic stress disorder as a result, which can have long-lasting effects on her quality of life and even desire to have further children in the future. PTSD after giving birth can be absolutely devastating, with symptoms that include difficulty bonding with the baby, feelings of failure or inadequacy, or distressing flashbacks. PTSD can be caused by negligent situations such as failing to obtain the mother’s consent for the use of medical interventions like forceps and ventouse, or failure to explain the risks of such procedure. It can also be caused by failures in care that lead to either the mother, baby or both suffering a physical birth injury. Mothers who have experienced a failure in care that leads to stillbirth or newborn death are often likely to suffer with PTSD.

If you or your child are experiencing any of the above due to a traumatic birth or negligence during birth, a good lawyer can help you get the compensation you are entitled to.