No win, no fee NHS hospital compensation claims
You can be represented by a highly-experienced birth injury lawyer at no upfront cost to you. Under our No Win No Fee agreement you only pay a pre-agreed percentage of the compensation awarded if your case is successful.
The need for a public inquiry into maternity failings
There are ongoing, serious concerns about maternity services at NHS trusts. Avoidable baby deaths and birth injuries are at levels not seen for two decades and are often caused by poor working culture, staff shortages and wider systemic failures.
In 2020, more than 2,000 children aged under one died in England and Wales and many more children and mothers suffered serious obstetric injuries.
Maternity departments work tirelessly at a time of unprecedented demand but are often impacted by a lack of trained specialists, such as midwives. Pressures are undoubtedly affecting the care that some women and their babies receive.
Hudgell Solicitors believes this is a national scandal and we are campaigning for a Public Inquiry to identify the relevant failures and effect positive change to improve maternity services.
Maternity care failings
The Care Quality Commission (CQC) says 65% of maternity services in England are now rated inadequate or require improvement in relation to the safety of care.
Concerns about safety are due to “poor training, poor culture and poor risk assessments”.
Investigations, inquiries and reviews into inadequate maternity services are currently underway or have been held, at a number of trusts. They include:
- East Kent NHS Trust.
- Shrewsbury and Telford Hospital NHS Trust.
- Nottingham University Hospitals NHS Trust.
- Countess of Chester Hospital.
- London North West University Healthcare NHS Trust.
- Cwm Taf Morgannwg University Health Board.
- Hull Royal Infirmary.
- James Pagett University Hospitals Trust.
- St Peters Hospital Chertsey, Surrey.
- Poole Hospital.
- Lister Hospital.
If you were treated by these maternity units or any another Trust and have concerns about the care you received, our medical negligence experts can provide free advice. Our role is to investigate events which led to injuries or deaths, seek clear answers as to why it happened and, if necessary, hold those responsible to account.
Maternity care negligence
Many maternity and childbirth errors that we deal with relate to :
- Stillbirths.
- Maternal deaths.
- Birth injuries.
- Cerebral Palsy.
- Erbs Palsy.
- Brachial Plexus.
- Obstetrics & Gynaecology Negligence.
These incidents can be catastrophic and life-changing.
Public Inquiry
Everyone should be entitled to safe, personalised and compassionate care throughout their pregnancy. However, the cost of maternity negligence related claims continues to rise.
Childbirth related claims against the NHS cost almost £6bn in compensation in 2023.
Hudgell Solicitors believes that a Public Inquiry is crucial for those affected by maternity care negligence and a group action could, potentially, provide a faster and easier route for the settlement of certain types of maternity cases.
Our legal teams have vast amounts of expertise representing clients at Public Inquiries due to their involvement with high-profile cases which include:
Inquiries into matters of public concern can be used to establish facts, to learn lessons so that mistakes are not repeated, to restore public confidence and to determine accountability.
Birth Trauma Inquiry - Our Submission
An increasing number of maternity units have safety issues and there is increasing demand for a statutory Public Inquiry.
To tackle systemic issues only a statutory Public Inquiry can create meaningful change so that families who have suffered can be at the heart of any significant decisions that are subsequently made.
In a recent submission of evidence by Hudgells to a Westminster inquiry into birth trauma our maternity experts reported a “surge” in injury cases and told the All-Party Parliamentary Group (APPG) that a statutory Public Inquiry into England’s maternity services is now crucial.
The birth trauma experiences of our clients were also included in the submission to the parliamentary inquiry. More than 20 women expressed their wish to share their stories as part of our campaign for meaningful change.
Read our submission to the APPG Birth Trauma Inquiry.
Hospital admits causing stillbirth of baby boy as midwives stopped monitoring heart rate and missed danger signs
A woman whose baby was stillborn due to mistakes midwives made during labour says she was ‘appalled’ by the lack of compassion shown – telling how she spiralled into depression and how the pain of losing her first child will never fade. Charlotte Warner, of Streatham, south London, was just 23 when she lost her […]
Maternity hospital apologises to mother of stillborn child for substandard care and agrees compensation
A hospital has apologised and agreed to pay compensation to a mother who lost her baby daughter at 36 weeks. A breakdown in communications and other failures led to the stillbirth at Birmingham Women’s Hospital which has now admitted mistakes were made. Birmingham Women’s and Children’s NHS Trust said it was “extremely sorry” for the […]
Parliamentary Inquiry: Zahra’s Birth Trauma Experience
Zahra was one of more than 20 clients of Hudgell Solicitors to experience birth trauma and submit a statement to the Parliamentary Birth Trauma Inquiry, describing her own experience, and the impact it had on her. Zahra said: I experienced a prolonged labour and should have had an emergency caesarean section to deliver my baby. […]
Parliamentary Inquiry: Beata’s Birth Trauma Experience
Beata was one of more than 20 clients of Hudgell Solicitors to submit a statement to the Parliamentary Birth Trauma Inquiry, describing her own experience, and the impact it had on her. Beata said: I lost my baby at full term despite having been to the hospital on many occasions with concerns due to continuing, […]
£2.4m interim damages award is ‘life-changing’ for severely disabled 12-year-old as family can finally buy home they need
A High Court Judge’s ruling to award £2.4m interim damages to a severely disabled 12-year-old has been hailed as a ‘life-changing’ decision for the girl and her family following a struggle to find suitable accommodation. The Claimant sustained a hypoxic brain injury due to errors made during her birth, leaving her suffering from quadriplegic cerebral […]
Hudgell Solicitors secures £14.3m damages for boy left brain damaged after midwives failed to realise he was starved of oxygen at birth
A £14.3m damages settlement has been approved for a boy left brain damaged after midwives failed to properly monitor his heart rate during birth and therefore didn’t realise he was starved of oxygen. The boy, now 17, who cannot be identified for legal reasons, needed resuscitating after being born. The consequent brain injury means that […]
How to make a hospital negligence claim
Make a claim in six easy steps
Free Initial Advice
Call us, request a callback or complete our online claim form and we will assess whether we think you have a claim.
Funding
We will help you to decide how best to fund your claim. Usually, we will be able to offer you a No win, No fee agreement.
Obtain Medical Records & Medical Reports
We will request copies of your medical records and instruct appropriate medical experts to prepare reports confirming whether your care was negligent and how this caused you injury.
Letter Of Claim
We will send a letter to your healthcare provider with details of your claim, setting out why we think your case was negligent and how this caused you injury.
Prepare Claim Valuation
We will put together a schedule of loss setting out the losses you have incurred and the extent of the injuries you have sustained.
Negotiate Settlement
We will send all the evidence to your opponent inviting their settlement proposals. If we cannot agree a reasonable settlement, we will prepare court proceedings.
Start your claim today
Feel free to give us a call or begin your claim online
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FAQs
What is maternity negligence or neglect in pregnancy?
Negligence during pregnancy, at birth or postnatal, can arise due to oversights, incorrect advice or a failure from medical professionals to take into account pre-existing medical conditions and medication amongst other issues.
Maternity teams, including doctors, midwives or obstetricians have a duty of care to identify and manage any risks or complications and if accurate and timely advice and recommendations are not provided this can result in injury.
Maternity negligence can result in lifelong conditions for both child and mother, which can have a profound impact on the entire family.
Examples of medical negligence during pregnancy where Hudgell Solicitors have successfully represented clients include:
- Failure to identify birth defects such as Down’s syndrome and cystic fibrosis and other conditions which may result in stillbirth.
- Failure to monitor a mother’s existing medical conditions such as diabetes, high blood pressure and obesity.
- Failure to diagnose illnesses, complications and injuries such as pre-eclampsia, gestational diabetes, placental abruption and ectopic pregnancies.
- Miscarriage negligence as a result of a woman not being adequately monitored when she is known to be at high risk during pregnancy.
- Failure to manage complications either before or at the time of birth can sometimes lead to lifelong birth injuries such as cerebral palsy, Erbs palsy and brachial plexus.
Other mistakes which can lead to babies being born harmed include:
- Failure to carry out appropriate tests/investigations during pregnancy.
- Misinterpretation of scans leading to an incorrect diagnosis/treatment.
- Failure to act upon reduced baby’s movements during pregnancy.
- Failure to act when a mother’s blood pressure reaches dangerous levels.
- Failure to carry out caesarean sections when signs point to potential harm.
- Errors during delivery causing injury, such as the use of forceps or ventouse.
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Why letters of apology are so important to patients when medical mistakes are made
In my work for Hudgell Solicitors, I represent many people who have suffered as a result of medical negligence, and most place receiving an apology from those treating them as a priority. People understand that medical mistakes can happen, but what they can’t accept is being faced with outright denials, and a lack of empathy […]
Common questions, misconceptions and advice about making a medical negligence compensation claim
In this article experienced Chartered Legal Executive, Ronke Bain, answers the common questions about clinical negligence claims. What is clinical negligence, and does it differ from medical negligence? Clinical negligence occurs when a healthcare professional provides substandard care that directly causes harm to a patient. This can include misdiagnosis, delayed diagnosis, surgical errors, medication mistakes […]
Hypoxic ischemic encephalopathy (HIE) brain injury
What is Hypoxic Ischemic Encephalopathy (HIE) and is it caused by maternity care negligence? When parents are told their newborn baby has suffered a brain injury at birth it is, of course, a hugely distressing and worrying time. Suddenly they are forced to contemplate a very different life ahead for themselves, their wider family and […]
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