This week, July 15-21, for Birth Trauma Awareness Week, medical negligence lawyer Clare Langford has released expert legal advice aimed at supporting families affected by traumatic birth experiences. Focussing on this year's Birth Trauma Awareness Week theme: informed consent.
Our analysis reveals a significant surge in public concern over birth trauma, with Google searches for "traumatic birth support group" up by a staggering 250% and "can you sue a hospital for traumatic birth" increasing by 143% over the past year. Our recent article "birth injury and trauma cases against the NHS" shows the devastating, lifelong consequences for children and the families of those affected.
Clare addresses the critical issue of birth trauma and medical negligence below:
What is informed consent relating to birth, and why is it important?
"Informed consent means providing patients with the information they need to make an informed decision about proposed procedures, care, and any risks. The importance of informed consent in childbirth cannot be overstated. It is about more than just legal obligations; it's about respecting a woman's autonomy and ensuring she is an active participant in decisions about her own birth experience."
When is informed consent required during birth?
"Informed consent in childbirth is crucial for various medical interventions. Some procedures require verbal consent in the UK, such as blood tests or internal examinations. However, Caesarean Sections and instrumental or assisted delivery, meaning the use of forceps or a ventouse suction cup, require written consent, following a discussion of other treatment options and their risks."
What are examples of medical negligence when giving birth?
"Medical negligence relating to birth trauma can encompass various forms. One key issue could be a lack of informed consent, which is this year's Birth Trauma Awareness Week's key theme. This could relate to the likes of the use of forceps or ventouse without obtaining the mother's consent or adequately explaining the associated risks.
Victims can claim on the grounds of substandard care, which refers to negligent actions or oversights conducted by healthcare providers which have led to physical injuries to either the mother or the baby during birth. Claims could also come under failures in providing appropriate care during childbirth, which have tragically led to stillbirth or the death of the newborn shortly after delivery."
How is PTSD linked to birth trauma?
"Postpartum post-traumatic stress disorder can arise from various factors, such as emergency medical procedures, prolonged and distressing labour, unexpected caesarean section, stillbirth, death or any other kind of shocking, unexpected experience.
4-5% of women in the UK suffer from childbirth-induced PTSD, which affects around 30,000 women each year. This can, unfortunately, sometimes be due to inadequate healthcare services. Inadequate treatment or care during your pregnancy, childbirth, or the postnatal period, resulting in birth trauma, injuries, or subsequent psychological distress, could mean that you are eligible for compensation."
How much could a client expect to receive from successful birth trauma-induced PTSD litigation?
"The estimated compensation for birth trauma-induced PTSD depends on the length and severity of the symptoms. The amount can range from between £4,000 and £8,000 for minor PTSD symptoms which occur for up to two years, whereas permanent, severe PTSD can result in a compensation of anywhere between £60,000 and £101,000."
