Birth Trauma – Time for the Government to Listen | Medical Negligence and Personal Injury Blog | Kingsley Napley

Twelve vital recommendations are at the core of a new report by the All-Party Parliamentary Group on Birth Trauma. Of these, three particularly stand out for me, as a specialist birth injury solicitor, although they may not at first sight seem the most urgent to implement. In no particular order, these are:

1. Providing support and updated information for fathers;
2. Funding for interpreters with expertise in maternity; and
3. Extending the time limit for bringing a legal claim relating to childbirth.

The purpose of the Inquiry by the Parliamentary Group is said to have been to break the ‘taboo’ around birth trauma, recognising that problems during pregnancy and birth can lead to lifelong physical and psychological consequences, and to look at how maternity services can be improved.

The report makes harrowing reading, setting out stories from various parents, including those whose babies were born with cerebral palsy caused by oxygen deprivation, and women who suffered injuries leaving them with a ‘lifetime of pain and bowel incontinence’.

The report sets out that in many cases the trauma was caused by mistakes before and during labour and that frequently these errors were covered up by hospitals. The report also includes stories of women not being listened to and being subjected to interventions they felt they had not consented to. I should be shocked but sadly, as a medical negligence lawyer, these are the types of issues that I deal with day to day.

The report also found that women from marginalised groups appeared to experience particularly poor care ‘with some reporting direct and indirect racism’.

The Parliamentary Group is calling on the Government to publish a National Maternity Improvement Strategy led by a new Maternity Commissioner.  In the report the Parliamentary Group sets out the 12 key points for the strategy to cover, which also include recruiting more staff, the digitising of records, ensuring better education around birth choices and providing universal access to specialist maternal mental health services. The later was found to currently be a ‘postcode lottery’.

Support for fathers

The report suggests providing support for fathers and ensuring a nominated birth partner is ‘continuously informed and updated during labour and post-delivery’. In my view, this is crucial. Many fathers that I speak to, where a claim is being brought around the circumstances of a birth, explain that they did not understand what was happening. As the person that knows the mother best, the partner may be most likely to know whether the mother’s responses seem normal or whether something is seriously wrong. Since they are often the person advocating for the mother, they can only do so effectively if they themselves understand what is going on. In these cases father actually probably does know best.

Funding for translators

To tackle inequality, it is also proposed that funding should be provided to each NHS Trust to ‘maintain a pool of appropriately trained interpreters with expertise in maternity’. Given the immense difficulties in this area which we discuss in our recent article on language barriers and their adverse effect on healthcare provision, this step is clearly required. In maternity care in particular, given all that is at stake, patients must understand their treatment and their options. The alternative is fraught with danger.

Extending the time period to bring a legal claim

The proposal in the birth trauma report is that where a claim relates to childbirth the time frame to bring a legal claim be extended from three to five years. In my view, this extension would give recognition to the fact that those who have suffered injury related to childbirth may find it very difficult to face bringing a legal claim in the months and years after the birth.

It cannot be overstated that women in this situation are facing the rigours of caring for their baby, which is of itself all-consuming and challenging both physically and psychologically, as well as trying to recover from their injuries.

As it stands, the usual position for an adult bringing a claim for medical negligence is that they must start court proceedings within three years of the date of the negligence, or the date that they became aware of it. This is called the limitation period. There are complexities around the law relating to limitation and rules are different for children or those lacking mental capacity. There are also circumstances where the Court can agree that a claim can be brought out of time. It is important to always seek legal advice as soon as possible if you think you may have a claim.

It is worth noting that if it is close to the three-year anniversary when someone is looking for a solicitor to help them with a possible claim, it can be more difficult to find a solicitor able to assist.

Allowing those who are not ready or able to face bringing a claim within three years this additional time would be an extremely welcome development.

From my own experiences acting in compensation claims for parents of children who have suffered catastrophic injuries at birth and for women left with debilitating injuries from perineal tears, I agree wholeheartedly with the report when it says that it seems ‘poor maternity care is all-too-frequently tolerated as normal’.

Further information

If you are concerned about your maternity care or that of a loved one, please contact us for a free, no obligation discussion with our friendly and specialist team.

About the author

Kirsty Allen is a highly experienced medical negligence solicitor who undertakes a wide variety of cases with particular specialisms in child cerebral palsy and adult brain injury cases, fatal claims, loss of sight cases, as well as failure to diagnose cancer and gynaecological claims.