If you’re searching for guidance on how to start caesarean section claims and other birth injury compensation actions, this guide can help. Below we look at who qualifies to start a medical negligence claim and how healthcare providers could be at fault for causing problems such as incorrect C-sections.
We explain compensation – what it can cover and how it is calculated. After this, you’ll find indispensable guidance on gathering evidence, time limits for starting claims and how long it may take to receive your compensation if the claim is a success.
The final sections lay out how one of our experienced medical negligence solicitors can help. With decades of expertise handling claims like this, they could enable you to receive a much higher settlement if the claim is a success. Find out how by:
- Use the chat portal below to learn more about expert legal advice.
- Submit a claim online for an immediate response.
Go To A Part Of Our Caesarean Section Claims Guide
- Am I Eligible To Make A Caesarean Section Claim?
- How A C-Section Can Lead To A Medical Negligence Claim
- How Much Compensation You Can Claim
- How To Make A C-Section Claim
- How Our Solicitors Can Support You
- More Information
Am I Eligible To Make A Caesarean Section Claim?
To be eligible to make a medical negligence claim, you must meet the criteria to do so:
- You were owed a duty of care
- This duty was breached
- The breach resulted in avoidable harm.
As a patient to a medical professional, you are automatically owed a duty of care. Deciding whether this duty has been breached can be trickier. To meet their duty, those treating you must meet the minimum acceptable standard of care.
Meeting this minimum standard could include:
- Taking an accurate history from the patient
- Performing relevant tests
- Completing surgery with the necessary minimum level of skill
- Thinking about differential diagnoses
- Investigating symptoms and taking appropriate action
- Using sterile equipment when operating
Not all treatment or surgery that does not have the desired outcome is negligent. Therefore, take this moment to check the eligibility of your caesarean section claim with our advisory team.
How A C-Section Can Lead To A Medical Negligence Claim
We now focus on some ways that medical negligence can arise during a C-section procedure and form the basis of a potential compensation claim:
- A delayed diagnosis means the medical team fails to carry out the caesarean section promptly.
- The doctor fails to perform a caesarean section at all when one should have been performed, which causes injuries.
- The C-section is carried out incorrectly, causing harm ranging from scarring to accidental sterilization.
- Hospital negligence and poor standards on the ward or in the clinic cause the mother (or child) to experience post-surgery infection, which was misdiagnosed, wrongly treated or missed completely.
- Badly trained or inattentive medical staff fail to handle complications correctly (like a baby in the breech position).
- The surgeon fails to push the bladder downwards (as it obstructs the uterus) before making the caesarean incision. This surgical error results in damaging the bladder.
- Another example of negligence is when the surgeon fails to cut the skin above the bladder and accidentally cuts the bladder or the uterus. The baby can be delivered through the bladder as a result.
- Injury to the baby can also occur during the caesarean process, such as breathing difficulties, brain damage or cuts to its skin.
The harm you experienced may differ. A negligent C-section procedure can be tremendously distressing, but you don’t have to deal with a claim alone. For a more personalised approach to your potential caesarean section claims for medical negligence, speak to us first.
How Much Compensation You Can Claim
A successful claim can include two types of compensation: general and special damages. It’s important to discuss them both in depth rather than relying on ‘instant’ estimates from online compensation calculators. Many factors influence the total award, so it’s best to speak in person with an expert about the possible compensation in your claim. Call our team to learn more.
How Compensation Is Calculated
General damages are calculated by looking at the person’s physical and psychological harm. Long-term disability or impact on quality of life are also assessed under this head of loss. Often, medical reports can be used to guide the calculations, as well as documents such as the Judicial College Guidelines (JCG), which detail a wide range of suggested award brackets for numerous injuries based on past cases.
Importantly, these amounts are strictly guide figures as each claim has variables that can affect any amount awarded. Below, you’ll see some amounts for injuries commonly associated with C-section claims. Also, the first line in our example table is not lifted from the JCG:
Compensation Guidelines
| INJURY | SEVERITY | COMPENSATION GUIDELINES | DEFINITIONS |
|---|---|---|---|
| Instances of more than one type of harm as well as special damages. | Serious | Up to £1 million plus | Here the person experiences serious, multiple forms of harm and is awarded special damages to cover remedial medical care, lost income and psychiatric counselling costs. |
| Bladder | (a) Double incontinence. | Up to £224,790 | Total loss of natural urinary and bowel function, as well as other medical complications. |
| (b) Complete loss | Up to £171,680 | Cases of complete loss of function and control. | |
| (c) Serious | £78,080 up to £97,540 | Impaired control with a degree of pain and incontinence. | |
| (d) Almost complete recovery. | £28,570 up to £38,210 | Virtually a recovery but longer-term interference with normal function is experienced. | |
| Female Reproductive System | (a) Infertility by injury or disease. | £140,210 up to £207,260 | Cases where infertility, scarring, pain, depression and anxiety result. |
| (b) Permanent Sexual Dysfunction. | £52,490 up to £124,620 | Permanent sexual dysfunction, typically in a person who has children already. | |
| (c) Infertility in a younger person. | £68,440 up to £87,070 | Cases of no sexual dysfunction or aggravating features in a younger person. | |
| Psychological Harm | (a) Severe | £66,920 up to £141,240 | Injured person experiences significant and permanent mental health issues in all areas of life. |
| Post-Traumatic Stress Disorder (PTSD) | (c) Moderate | £9,980 up to £28,250 | The person experiences a good level or recovery and persisting issues are not considered to be significantly disabling. |
Special Damages – How They Affect Your Claim
In addition to amounts for the physical and emotional harm, caesarean section claims can include the financial harm caused. After the ordeal of a substandard medical procedure, it can be possible to suffer a whole host of financial issues, such as not being able to work or needing money for private medical treatments. Therefore, with supporting documented evidence, you could claim back the following:
- Proof from your employer that your income dropped or halted because of the harm caused.
- Proof of medical expenses for private care.
- Receipts for sums paid to others to look after you.
- Evidence of travel expenditure to vital appointments (such as tickets, and taxi receipts).
- The costs of additional childcare arrangements.
You might have other eligible amounts to include. It’s important to note that special damages cannot be claimed in their own right, but could form part of broader caesarean section compensation claims. Call our team to discuss.
How To Make A C-Section Claim
Your first action might be to seek legal advice about caesarean section claims. We explain in detail the advantages of working with our panel of medical negligence experts below. Whilst considering your options, there are other practical steps you can take to ensure the claim you make is as strong as possible:
Gathering Evidence
The evidence used in caesarean section claims needs to show that the medical professionals involved failed to adequately meet the minimum standards set out in that area of medicine. And that you suffered harm as a direct consequence of this. With that in mind, useful evidence includes:
- Copies of your medical records that include the dates when treatment was sought or given.
- The names of the medical staff involved.
- Any correspondence from the NHS health trust or private clinic about the planned procedure and actions afterwards.
- Photos of injuries.
- The contact details of any witnesses to the medical negligence.
- Reports from other specialists that you needed to consult afterwards, such (as gynaecologists or mental health services).
How Long You Have To Begin Your Claim
The Limitation Act 1980 states that there is normally a three-year time limit for starting a personal injury or medical negligence claim. This begins from the date of the treatment or the date when it is reasonable to conclude the person realised negligent care had caused them harm. Exceptions sometimes apply:
- The time limit is halted for minors until they become 18. They have three years starting from this date to initiate a claim.
- The time limit is frozen for claimants lacking the mental capacity to commence a claim themselves. They have three years to do so starting from the date that sufficient capacity returns.
- A litigation friend, who is approved by the courts, can initiate a claim immediately on behalf of both these groups. This role is usually taken on by a family member or suitable adult. If a litigation friend starts the claim straight away, no future action can be taken regarding it.
Our expert advisory team is available to discuss time limits or any aspect of making caesarean section claims. Call, email, or use the chat window below to get started.
How Long It Can Take To Receive Compensation
Because every medical negligence claim differs, there is no set time frame for it to be decided. Certain factors can influence how long it takes for a decision to be made and compensation to be actually awarded. For example:
- The complexity of the injuries and anticipated recovery period.
- How long it takes to receive reports from any experts that need to be consulted.
- Whether the NHS or private clinic disputes the claim of negligence or offers an unsatisfactory settlement.
- How busy the court dealing with the claim is.
An expert solicitor from our panel can help you navigate these potential obstacles, without adding to financial costs right now. Connect with our advisory team for a case assessment and see if they can handle your caesarean section claim.
How Our Solicitors Can Support You
Our medical negligence solicitors provide an array of outstanding services to help our clients seek and win compensation. For instance:
- They handle all the communication with the NHS or private clinic about your claim.
- They offer insightful advice on what evidence to gather (like witness testimonials and specialist reports).
- They know how to use this evidence to predict future expenses you might be entitled to and thereby boost the compensation amount requested.
- All legal terminology is explained, and essential steps in the Pre-Action Protocol are taken care of.
- Your claim is represented with the utmost professionalism at all times.
In addition to this, these services are offered via a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Normally, working under terms like this means:
- No immediate solicitors fees need to be paid.
- No solicitors fees are owed as the claim advances.
- Nothing is owed for the completed solicitor’s work if the claim fails.
- A successful settlement means a minimal amount must be deducted from the compensation as a ‘success fee’ for your legal team.
- This amount is kept low by law which means you can benefit from excellent legal advice and keep most of the compensation awarded to you.
Agreements like this mean there is one less thing to worry about as you start cesarean section claims. With an expert taking care of the claim, you can focus on getting well. See if they could help you today:
- Use the chat portal below to learn more about expert legal advice.
- Submit a claim online for an immediate response.
More Information
As well as free guidance on making caesarean compensation claims, you might find the following articles useful:
- This guide looks at birth injury compensation claims.
- Here, we discuss claims for a hospital acquired infection.
- Also, how to make a claim against the NHS for negligence.
External help:
- Some information on how NHS Resolution deals with claims of medical negligence.
- This NHS resource looks at Caesarean sections.
- Also, read about standards of gynaecological care.
In conclusion, thanks for taking the time to read our caesarean section claims guide. For any more help with mother and baby claims for life-threatening harm and clinical negligence, reach out to the team.