If you need help claiming against a midwife for injuries incurred during a pregnancy or birth, our team at Accident Advice Helpline can help. Just call our 24-hour free helpline on 0800 689 0500 and tell us what happened; in most cases we will be able to determine quickly whether or not you have a claim and, if you do, we will put you in touch with one of our specialist medical negligence solicitors.
If after speaking with us you find that you need more time to consider your options, that’s fine – there is no charge for the initial consultation, and we won’t pressure you into making any decisions as we realise that you are already likely to be under a considerable amount of stress. Just let us know if you decide that you’d like our help to take action, and we will get your claim for compensation moving in the right direction.
How to claim
The process of claiming against a midwife begins with establishing the legal basis for the claim. There will need to be a medical record of the injuries involved, which means that an examination by a medical professional other than the midwife will be needed; your own doctor will normally be able to take care of this. In most cases you will need to claim within three years unless it was the baby who was injured, in which case you have three years to claim on their behalf or they have three years from their eighteenth birthday in which to claim in their own right. In either case, making the claim sooner rather than later will make a number of things easier, including collecting evidence.
Evidence that can be helpful when claiming against a midwife will include photographs of any visible injuries (including swelling or discolouration). You should write an account of what happened as soon after the incident as possible as it is easy to forget details that may be important as time goes by, especially if you were under the influence of strong painkillers at the time. Make a list of any medication you know you were on and pass this on to your solicitor, along with the contact details of anyone who was present at the birth so your solicitor can collect witness statements.
Claiming and travel
Because we know that it is hard to travel when you have been injured, when you are looking after a new baby, or when you are dealing with the stress of bereavement, we keep in contact with you by phone or email whenever possible. We can have important documents delivered to you by courier, and in most cases you will be able to consult with your solicitor without having to be present in person at formal meetings. We are able to settle many of our compensation cases out of court (of course, the final decision will always be up to you) so that you don’t even have to travel to court. If you do have to travel for any reason connected with the case, we will ask that you send us your receipts straight away, and we will do our best to reclaim any expenses you incur.
What happens next?
If your claim for compensation is successful, in most cases you will find that the amount has been worked out to try and cover all financial losses related to the case, including lost earnings and the cost of important medical treatments or counselling you couldn’t get on the NHS. Compensation packages are also often designed to help you to cope with any lasting problems so that you can get back to living a normal life.
To discuss your claim with a member of our expert team dial 0800 689 0500 now.