Making a caesarean negligence claim
Our team is often contacted by people asking, ‘Can I make a caesarean negligence claim?’ The simple answer is that compensation can be claimed where a hospital or healthcare professional has let you down and loss has been suffered as a result. In this article, we look at the issues that commonly arise when making a caesarean negligence claim.
What is a Caesarean?
April is International Caesarean Awareness Month. It is held to educate people about surgical births, their importance, and what can go wrong. Caesareans (often called a C-section) are used when labour is unable to be done vaginally, and they can often be lifesaving. Caesareans are usually only carried out when it is the safest option for mother and baby, and around 1 in 4 pregnant women in the UK now have a caesarean birth.
The three types of caesarean
There are three types of C-section:
Elective – This is a planned procedure before the labour.
Unplanned – This is when the caesarean was not planned. Most caesareans are unplanned, as the need for one does not usually present itself until closer to labour or during.
Emergency – This happens during labour when there is an immediate concern for the health of the mother or baby.
In 2023, the data indicated that 15% of caesareans were elective, while 19% were carried out in an emergency. There have been many legal challenges made against the NHS for not allowing an elective caesarean, even after one was requested.
It is feared that the refusal of an elective caesarean is resulting in severe injuries to mothers, babies, and in the worst case, the loss of life.
Reasons for a caesarean being performed
There are several reasons why a mother may request an elective caesarean, including:
- Mother having a low-laying placenta, which covers their cervix and will stop the baby from being able to get out.
- Mother having health issues, which means that a caesarean will be the safer option.
- The baby is in a position which will make a virginal birth more difficult or impossible.
- Mother is having twins and feels that a caesarean will be safer.
Examples of caesarean negligence
Our team of specialist lawyers have bought a number of successful caesarean negligence claims against NHS Trusts. The most common claims are:
- Failure to perform a caesarean section in time, resulting in injuries to the mother or/and baby.
- Injuries caused due to an elective caesarean being refused.
- Surgical errors made during a caesarean, which cause physical harm.
How we can help you
Oliver Thorne, who is the head of our medical negligence department, specialises in birth injury claims. He has dealt with many caesarean negligence cases, including those where a caesarean has not been provided. In one such case, Oliver successfully bought a claim for a mother who sadly lost her son as a result of a caesarean not being carried out.