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Obstetric medicine is one of the most important disciplines there is. This, unfortunately, means that when obstetric negligence occurs it is one of the most traumatic and serious cases of medical negligence there is.
The care given during pregnancy and during giving birth by obstetricians, midwives and other medical staff is vital in ensuring a successful pregnancy, safe birth and healthy baby. When medical mistakes occur it can lead to the life of both the mother and the baby being put in danger, sometimes leading to severe illness, disability or even death.
Possible outcomes of obstetric negligence include but aren't limited to cerebral palsy, Erb's palsy and severe perineal tears. But what qualifies as obstetric negligence, how would you know if you have suffered as a result and how can you go about getting compensation?
Typically there are several stages at which obstetric negligence can occur, including management of the mother before pregnancy, including pre-conceptual counselling, infertility advice and treatment, management during the pregnancy and before labour, management during labour and delivery and post-natal management and care.
During pregnancy and labour are the most dangerous periods and the following would qualify as medical negligence:
Incorrect interpretation of scans looking for serious abnormalities in the unborn baby
Delay in diagnosis and management of an ectopic pregnancy
Failure to recognise and manage high risk pregnancies such as pregnancy-induced hypertension (PIH)
Incorrect interpretation of the cardiotocograph trace (CTG) providing information about the baby's heart rate leading to failing to progress delivery quickly enough
Poor choice delivery method, including the (incorrect) use of forceps
Damage to mother or baby by poor technique in delivery
Should a mother or baby suffer trauma, illness or injury during pregnancy, labour and / or birth then a case for obstetric negligence compensation may be brought. It is advised to contact a specialist medical negligence solicitor who will review the case and inform their client whether or not a case exists and if compensation can be obtained.
Many people may feel uncomfortable suing the NHS (or whichever medical institution was responsible) but they should not worry - they are entitled to compensation if they have suffered due to poor medical care and treatment and it could come in very useful when caring for a child who has suffered some kind of injury or illness.
Should the solicitor deem a case is worth pursuing then they will set about gathering all evidence together and preparing a case to be brought to court in the hope of winning substantial medical negligence compensation. Most solicitors work on a No Win, No Fee basis, so a client would only have to pay if the case was successful and compensation was awarded.
The level of compensation awarded will depend on the level of suffering, both physically and mentally, and on the level of obstetric negligence found.
Ben Greenwood is writing on behalf of Pearson Hinchliffe, medical negligence solicitors experts in obstetric negligence compensation.
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