Obstetric (pregnancy, childbirth and postpartum-related) claims accounted for 13% of clinical claims reported in 2022/23. In the realm of healthcare, obstetrics stands out as a critical field, responsible for ensuring the safe delivery of newborns and the wellbeing of mothers. However, clinical negligence in obstetrics can have devasting results for both patients and their loved ones. In this article we will consider some of the complexities of clinical negligence in obstetrics and shed light on the legal issues surrounding it.
Clinical Negligence
Clinical negligence occurs when a healthcare professional fails to meet the standard of care expected in their field, resulting in harm to their patients. In obstetrics, negligence can manifest in various forms, including misdiagnosis, failure to recognise and respond to foetal distress, errors during labour and delivery, and improper prenatal care.
Clinical Negligence in Obstetrics
Obstetrics presents unique challenges due to the complexity of childbirth and the risks involved. Some common issues which we find in clinical negligence claims involving obstetrics include:
- Inadequate monitoring: Negligence may occur if medical staff fail to adequately monitor signs of foetal distress such as heart rate or oxygen levels.
- Delayed intervention: Timely intervention can prevent complications during childbirth. Delays in performing caesarean sections or administering necessary medical treatments can lead to serious to harm to both baby and mother.
- Lack of informed consent: Patients have the right to make informed decisions about their healthcare. Failure to obtain proper consent for medical procedures or adequately inform patient about risks can constitute negligence.
- Mismanagement of complications: Obstetric emergencies such as shoulder dystocia, placental abruption, or umbilical cord prolapse require swift and appropriate action. Failure to manage these complications effectively can result in birth injuries and/or maternal harm.
Considering a Claim
Determining whether you have grounds for a clinical negligence claim can be complex, however, there are some key points to consider that can help you assess whether you may have a valid claim:
- Breach of duty (negligence): To establish whether there was a breach of duty, which means that the care you received fell below the standard that could be reasonably expected from a competent healthcare professional of the same specialism.
- Causation: You must demonstrate that the negligence has directly caused you and/or your baby harm or injury.
- Harm and loss: The harm caused by the breach of duty can be physical or psychological. The harm could be a physical injury, emotional distress or losses such as loss of earnings due to being unable to work.
- Time limit: Generally speaking, you have three years from the date of the incident to make a clinical negligence claim. However, there are exceptions to this rule (for example, if the patient is a child) so it is important to seek legal advice as soon as possible.
If you believe or are unsure if you may have suffered loss or injury as a result of negligent maternity care then please get in touch for a free initial confidential consultation with our experienced Medical Negligence team on 01392 285000.