Most midwives provide exceptional care, but unfortunately, there are times when the standard of care falls below the expected level. Here are some examples of negligence in midwifery that can lead to birth injury:

• Failure to monitor: one of the primary responsibilities of a midwife is to monitor the health and wellbeing of pregnant women and their babies during labour. Failure to track the baby's heart rate or maternal vitals can lead to complications that might otherwise have been prevented.
• Delayed response: negligence can happen when there's a delay in responding to signs of foetal distress or maternal complications. Quick and appropriate reactions are vital in childbirth.
• Failure to detect and address infections: it's vital to detect infections like group B streptococcus in mothers, which can be transmitted to the baby during delivery. Midwives failing to test for or treat symptoms can have serious consequences.
• Failing to detect signs of premature labour: it is imperative that signs of premature labour are diagnosed and acted on swiftly so that steps can be taken to protect the baby from early delivery or prepare for this if delivery is unavoidable.
• Miscommunication: not communicating vital information about the mother's health, medications or other conditions to doctors or other healthcare providers can result in poor-quality care.
• Overlooking gestational diabetes: not testing for, or misdiagnosing gestational diabetes can lead to complications for both mother and baby.
• Overlooking growth retardation: failing to properly monitor and assess gestational growth and refer for obstetric review if any signs of static or poor growth.
• Failure to identify pre-eclampsia: failing to diagnose signs of pre-eclampsia (which might include raised blood pressure, proteinuria, headaches and oedema) and refer for obstetric review.
• Neglecting to offer specialised care: if a pregnancy is deemed high risk due to the mother's age, health or other factors, and the midwife fails to refer the mother to an obstetrician, this can be seen as negligence.
• Incorrect medication: providing the wrong medication or dosage, or not giving necessary medication at all, can lead to significant damage to mothers and their newborns.
• Failing to identify poor feeding and hypoglycaemia in the newborn: failing to properly monitor and identify that a baby isn’t feeding postnatally, or is showing signs of hypoglycaemia, can have serious outcomes, at worst resulting in a baby collapsing and suffering brain damage.

At Switalskis, we delve into the specifics of each case, and we can advise you on whether your situation can be classed as medical negligence or not.

When midwife negligence happens, the consequences can be severe for both the newborn and the mother. Here are some examples of how negligent care can lead to babies suffering from potentially serious health problems and birth defects:

• Hypoxic-ischaemic encephalopathy (HIE): this is a type of brain damage that happens when a baby's brain doesn't receive enough oxygen and blood. Delays in addressing foetal distress or providing treatment can lead to HIE, which may result in developmental problems.
• Cerebral palsy: often stemming from brain injuries like HIE, cerebral palsy affects muscle coordination and movement. Its severity and symptoms can vary widely, and have lifelong consequences.
• Brachial plexus injury: if a midwife uses excessive force during delivery or doesn't appropriately address a baby's positioning, it can result in damage to the bundle of nerves in the baby's shoulder. This can lead to conditions like Erb's palsy, which impacts their ability to move their arms.
• Fractures: improper use of delivery instruments or force can result in broken bones for the baby.
• Infections: failure to detect or treat maternal infections means they might spread to the baby, leading to life-threatening conditions like meningitis or sepsis.
• Untreated jaundice: while jaundice is common in newborns, failure to detect or treat severe cases can lead to a condition called kernicterus, a form of brain damage.

In addition, poor midwifery care can impact the mother's health in various ways:

• Physical injuries: this might include injuries during childbirth, third or fourth-degree tears, improperly stitched episiotomies, or a failure to properly treat any health complications that emerge post-delivery.
• Emotional and psychological trauma: experiencing negligence can lead to post-traumatic stress disorder (PTSD), anxiety, depression or feelings of guilt.
• Complications in future pregnancies: injuries or health problems sustained during birth can lead to complications in any future pregnancies, or even infertility.
• Long-term health issues: untreated or mismanaged conditions might result in long-lasting health problems, like chronic pain or infections.

If any of this has happened to you, it can damage your trust in medical professionals, and potentially burden you with significant costs related to additional medical treatments, therapy or time off work.

Understanding time limits is an important aspect of any legal claim, and it's no different with midwife negligence. The standard rule is that you have three years from the date of the negligence, or from the date you first became aware of the negligence to make a claim. This is known as the limitation period.

For claims involving children, the three-year limitation period doesn't begin until their 18th birthday. This means that a claim can be brought on behalf of a child at any time before they turn 18. They have until their 21st birthday to pursue the claim themselves, if they wish. This extended period is designed to protect the rights of the child, giving them plenty of time to seek compensation once they become an adult.

In cases where the child has sustained a brain injury that affects their mental capacity, the time limit may not apply at all. This allows a claim to be made at any point during their lifetime. Still, even with these exceptions, it's always advisable to start the legal process sooner rather than later. Evidence can become harder to gather over time, and moving ahead quickly will give you the best chance of success.

We offer multiple ways of funding midwife negligence claims, making the process more accessible and less stressful for families. These include:

• No win, no fee agreement: often referred to as a conditional fee agreement (CFA), this is the most common method of funding negligence claims. Essentially, if your case isn't successful, you won't have to pay any legal fees. If you win, a portion of the compensation will be used to cover the legal costs. This reduces the financial risk for you and makes the legal process more approachable. We'll always discuss any costs with you in advance, to prevent any unwelcome surprises later on.
• Legal Aid: for specific types of medical negligence cases, particularly those involving severe birth injuries, Legal Aid may be available. This support will cover your legal expenses if you wouldn't otherwise have the means to pursue justice. Get in touch with us to find out if this is an option for your case.
• Legal expenses insurance: some people have legal expenses cover as a part of their home or car insurance policies. It's worth checking your policy details, as this insurance might cover the costs of making a claim for midwife negligence.
• Trade union funding: if you're a member of a trade union, you might receive support for legal claims, including those related to medical negligence. Reach out to your union representative for more information.

At Switalskis, we understand that discussing finances can be sensitive, especially during an emotionally challenging time. Our compassionate team is here to guide you through the funding options, helping you find the most suitable method for your circumstances.