Would I be able to claim compensation for midwife negligence after my baby was stillborn because they failed to diagnose me with diabetes?
It may be possible to claim compensation for midwife negligence for the stillbirth of your child which was as a result of undiagnosed diabetes; however without knowing more about your particular situation a definite answer cannot be given. While stillbirth is thought to be caused by any number of factors such as diabetes, high blood pressure or various infections, the specific causes of stillbirth in many cases cannot be proven or are difficult to establish. You may be eligible to make a claim for the pain and suffering you endured and any post-traumatic stress you have experienced as a result if it can be determined that your midwife was negligent with regards to the duty of care she owed you and your unborn child.
It is in your best interest to contact a personal injury claims solicitor with experience in negligent midwife compensation claims at the first possible moment. Like with any other personal injury claim, the UK Statute of Limitations established in 1980 imposes a three year time limit on those who wish to make a claim for compensation. Though this may seem like more than enough time to pursue a claim for negligence demonstrated by a midwife, medical negligence cases can be complicated so it is best to find out if your claim is viable and if negligence can be established as soon as possible. Having a stillborn baby may appear to be a clear sign of negligence, however it will have to be determined that it could have been avoided if another competent midwife had been treating you instead and if alternative actions had been taken in your treatment.
Your solicitor will contact every medical professional involved in treating you throughout your pregnancy and obtain all relevant medical notes. These notes will be shown to an independent medical professional that will examine them and determine if it your situation was a demonstration of negligence. Based on what they conclude, your solicitor will decide if your compensation for midwife negligence claim is worth pursuing. If you have a viable claim, your solicitor will send a letter of claim to the negligent party informing them that you are initiating a claim for negligence demonstrated by a midwife against them. They will have 21 days to accept receipt of the letter then a further 90 to inform your solicitor of whether or not they accept liability. If they accept liability, your solicitor will enter into negotiations to secure the maximum amount of negligent midwife compensation claim possible. If they deny liability, then your claim will have to be settled in court.
This is general advice with regards to your potential options for claiming for midwife negligence. A solicitor who has been informed of your situation will be able to give you a better idea of the viability of your claim and also put your mind at ease about pursuing a claim at what is likely to be such a sensitive and emotional time. Therefore it is advisable to make an appointment for a consultation with your solicitor so that you may discuss your claim for compensation for midwife negligence.