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Assisted Delivery Error Claims

Reviewed by

Peter Rigby - Director of Medical Negligence | Last updated on: 24th January, 2024

We've got your Assisted Delivery Error Claim covered


When contemplating pregnancy, the least enjoyable part of  the journey for most women will be the delivery.  Understandably, the delivery is met with a large amount of trepidation and in some situations it may not be possible to have a natural birth, although it may not have been planned that way.

 

MAKING AN ASSISTED DELIVERY ERROR CLAIM 

An assisted birth may have to be carried out, whereby additional tools are used by the doctor to aid in the process. We entrust doctors to deliver our babies safely and quickly. If you feel that a doctor, midwife or nurse has been negligent to you or your baby in an assisted delivery, you may be able to make a medical negligence claim for birth injuries.

 

You may be able to claim in the event of:

 

  • Preventable injuries to the baby or mother during delivery

 

  • Preventable injuries caused by either the forceps or Ventouse method

 

  • Damage to the perineum such as cuts and tears

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WHAT IS ASSISTED DELIVERY NEGLIGENCE? 

Assisted delivery negligence occurs in the context of childbirth when medical assistance, such as forceps or vacuum extraction, is used to aid the delivery of a baby. If there is negligence during the assisted delivery process and it results in harm to the baby or the mother, a claim for negligence may be pursued.

As medical negligence experts, we have seen many different types of cases surrounding negligence and assisted delivery errors. Some of the most common cases that we see include the following: 

 

DAMAGE TO THE PERINEUM SUCH AS CUTS AND TEARS  

Damage to the perineum, including cuts and tears can be incredibly painful. Women who have experienced this may find it difficult to walk or even sit. Also, severe tears can cause persistent bleeding or lead to further infection. When this injury occurs as a result of negligence, you may be entitled to compensation.

If you have suffered perineal tears during childbirth (between 2020 – 2022) and were not provided the appropriate aftercare at Pinderfields Hospital, we are here to help.  

 

PREVENTABLE INJURIES TO MOTHER 

As reputable, trusted medical negligence lawyers, we take preventable injuries to mothers during childbirth very seriously.

If your assisted delivery claim is accepted, not only will our dedicated team take control of the paperwork, we’ll make sure that we’re only a visit or a phone call away.

 

 

FORCEPS DELIVERY NEGLIGENCE CLAIM

During delivery, sometimes forceps are used to ease a baby’s head. Forceps are smooth metal instruments designed to fit precisely around a baby’s head and should be used to assist the birth.

But when used negligently, these injuries can have a lasting impact on you and your baby. Negligent forceps deliveries can cause long-term problems that could otherwise have been prevented.

 

 

VENTOUSE DELIVERY CLAIM

Ventouse or vacuum cup delivery can also cause injuries during childbirth when used negligently. You may be entitled to claim compensation if you have suffered from negligent use of these tools.

The ventouse (vacuum cup) can be carefully attached to the baby’s head by suction. However, if there is evidence to suggest this was not carried out with a duty of care, we want to know.

Our legal team are specialists in medical negligence and will do everything they can to progress a claim for you. We will be able to assess quickly and fairly whether we believe you have a claim, leaving you time to rest and recover.

 

ASSISTED DELIVERY ERROR CLAIMS

At Patient Claim Line, our legal team stands out not only as medical negligence experts but as parents who have navigated the complexities of childbirth themselves. This enables us to deeply empathise with the specific challenges associated with errors in assisted deliveries.

By working closely with professionals in the field, we enhance our ability to provide you with informed guidance on pursuing your assisted delivery claim related to errors during assisted deliveries. Our focus is on providing  personalised support tailored to the distinctive circumstances of cases involving assisted delivery errors.

To initiate a conversation about your situation, reach out to a member of our legal team today through a phone call or by completing our online enquiry form. We will promptly return your call at a convenient time, ensuring you receive the attention and guidance needed to navigate the process of claiming compensation for assisted delivery errors.

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Why Choose Patient Claim Line for your Assisted Delivery Error Claim?


Not just lawyers — medical negligence experts

Patient Claim Line was established in 2014 and consists of a team of medical lawyers specialising in medical negligence and misdiagnosis claims.

At Patient Claim Line we have more than 100 solicitors with a combined experience of over 400 years and they will work on your behalf to achieve the best result possible for you.

It’s not enough to use a solicitor who sometimes covers medical negligence. You need someone who knows this area through and through. That is what the solicitors here at Patient Claim Line do. They deal exclusively in this area of law and are experts in the field.


Frequently asked questions about Assisted Delivery Error Claims

Our expert legal team answer your questions about making an Assisted Delivery Error Claim

When you initially contact a medical negligence solicitor, they will talk through what happened and assess if you have grounds for a birth injury claim. After this, they will investigate and access your medical records and any other evidence. You may be asked to provide proof of any financial losses or future costs. Everything is taken care of by expert solicitors who will explain the process step by step and answer every question you may have.

There are many injuries associated with birth which can be considered ‘normal’. For instance, tearing during birth happens to 9 out of 10 first time mothers. However, there are also cases where birth injuries are not normal and are as a result of medical negligence during your pregnancy or birth. Speak to a specialist birth negligence lawyer who can help you understand if your birth injury could have been avoided with better medical care.

You usually have three years from the date of the birth injury to make a claim if the claim is for yourself. This can also be extended to three years from the date of discovery if the birth injury does not become apparent until later. You have until the child’s 18th birthday to make a claim on their behalf. Children can make a claim for a birth injury that affected them for up to three years after the date of their 18th birthday.

Hospitals do not always want to admit liability, especially for birth injuries which can be so devastating to a family. Some claims may take months, while other claims could take years. It will all come down to the individual circumstances but you will be kept informed at each stage of your claim.

Assisted delivery error compensation is calculated according to the physical, mental and emotional impact it has. This includes practical factors such as a loss of earnings or care costs for your child, as well as costs for the trauma and the injury itself. No birth injury claim is exactly the same as another and so compensation will depend on the severity of the birth injury and the long lasting effects.

It is unlikely that you would have to go to court for an assisted delivery error claim. Less than 1% of claims ever make it to court. The vast majority of birth injury claims are handled by specialist lawyers who represent you and do the work on your behalf.


Meet our Assisted Delivery Error team

  • Trevor Ward

    Partner, Senior Birth Injury Solicitor

  • Emma Semwayo

    Partner, Head of Medical Negligence

  • Leanne Devine

    Associate & Birth Injury Solicitor

  • Katy Link

    Associate, Chartered Legal Executive


  • Case Study

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