What is birth misdiagnosis?
Birth misdiagnosis refers to situations where healthcare professionals fail to diagnose or incorrectly diagnose a medical condition affecting either the mother or child before, during or shortly after birth. Such misdiagnoses can lead to delays in necessary treatment, incorrect treatments being administered or appropriate care being withheld altogether. Sadly, the consequences can range from minor injuries to severe, life-changing conditions, and even loss of life.
Common examples of birth misdiagnosis include failing to identify a child's distress, incorrect interpretation of scans or tests, incorrect diagnosis of maternal health conditions (such as pre-eclampsia, gestational diabetes or placenta abnormalities), and delays in diagnosing neonatal infections or birth-related injuries. Any such misdiagnosis can have severe and lasting repercussions for both mother and baby, requiring expert intervention and ongoing care.
Can you claim compensation for birth misdiagnosis?
If you or your child have suffered unnecessarily due to birth misdiagnosis, you may be entitled to claim compensation. To successfully pursue a birth misdiagnosis claim, our specialist medical negligence solicitors will help to demonstrate that:
- A healthcare provider owed you a duty of care during pregnancy, birth or post-birth treatment;
- There was a breach of this duty through misdiagnosis or delayed diagnosis; and
- The breach directly caused you or your child avoidable harm or injury.
Our expert team at Stephensons will carefully analyse the circumstances surrounding your case and guide you through every step of the process, helping you to secure compensation for past and future medical treatment, rehabilitation, care costs, adaptations to your home, loss of earnings and emotional distress.
Why choose us for your birth misdiagnosis claim?
Stephensons is one of the UK's leading law firms for medical negligence and birth-related injury claims. Our specialist solicitors are dedicated to delivering expert legal guidance combined with compassionate support from the outset of your case through to its resolution.
When instructing Stephensons, you can rely upon:
- An accredited, highly experienced team recognised by respected industry bodies such as The Law Society Clinical Negligence Accreditation Scheme and the Solicitors Regulation Authority;
- A proven track record in achieving substantial compensation settlements for families who have experienced birth misdiagnosis and medical negligence;
- An empathetic and understanding approach, putting your family’s best interests at the heart of everything we do;
- A free, no-obligation initial consultation and flexible funding options tailored to your circumstances, including no win, no fee agreements;
- Personalised support network, including access to the UK's leading medical experts who will provide independent assessments to strengthen your claim.
How we can help
At Stephensons, our compassionate and professional medical negligence solicitors understand that dealing with the consequences of birth misdiagnosis can be exceptionally challenging. We strive to make the legal process as straightforward and stress-free as possible. When you instruct us, our expert solicitors will:
- Review your case thoroughly and advise you clearly on your potential claim;
- Obtain independent expert medical reports to support your claim;
- Secure interim compensation payments, where possible, to ease immediate financial pressures;
- Seek maximum compensation to cover the cost of care, treatment, rehabilitation, therapy, housing adaptations and other expenses;
- Represent your best interests throughout negotiations and, if necessary, at court proceedings;
- Support you and your family every step of the way, keeping you informed, updated and reassured at all times.
Contact us today
If you believe you have experienced medical negligence due to birth misdiagnosis, Stephensons’ dedicated team of solicitors is here to help. Get in touch now for confidential, expert advice and a free initial consultation by calling us on 0161 696 6165 or filling in our online enquiry form for a callback at your convenience.
Frequently asked questions about birth misdiagnosis claims
What is the time limit for making a birth misdiagnosis claim?
Generally, you have three years from the date you became aware of the negligence or injury to initiate a claim. However, in cases involving children, the three-year time limit begins from the child's 18th birthday, meaning they have until the age of 21 to make a claim. It's advisable to contact Stephensons as soon as possible for clarity about your specific situation.
How long will the birth misdiagnosis claim process take?
The duration of the claims process varies depending on the complexity of your case, the severity of injuries involved, and whether liability is admitted by the healthcare provider. Our solicitors will work diligently to reach a resolution as swiftly as possible, always prioritising your best interests.
Will my compensation cover ongoing care and support?
Yes. Our solicitors will meticulously calculate your claim, aiming to include costs for future medical treatment, ongoing care, necessary therapies, housing modifications, specialist equipment and other expenses relevant to your family's long-term needs.
Do I have to go to court?
The majority of birth misdiagnosis claims are settled out of court through negotiation. However, if court proceedings become necessary, our experienced solicitors will advise and guide you every step of the way, ensuring you feel supported and confident throughout the process.