Pregnancy, childbirth, and the early days with your newborn are meant to be moments of joy. But when maternity care falls below the expected standard, it can have devastating consequences for you, your baby, and your entire family.
If you believe you’ve experienced medical negligence in maternity care, understanding your rights and legal options is crucial for holding those responsible accountable.
At Jones Whyte, our dedicated medical negligence team has supported countless individuals in seeking the justice and compensation they deserve.
Table of Contents
- What constitutes medical negligence in maternity care in Scotland?
- Common examples of maternity negligence: Scotland
- What evidence do you need for a maternity negligence claim in Scotland?
- Financial compensation for maternity negligence: Scotland
- How to claim medical negligence in maternity care: The Jones Whyte approach
- Key takeaways
- Frequently Asked Questions
What Constitutes Medical Negligence in Maternity Care in Scotland?
All maternity care professionals, such as midwives, obstetricians, GPs, surgeons, and hospital staff, are legally required to provide care that meets recognised industry standards.
Medical negligence in maternity care occurs when these professionals fail to uphold those standards, causing harm, injury, or even death to the mother or baby.
In Scotland, four elements are required to prove medical negligence claims, which follow the Hunter vs Hanley legal framework:
Duty of care: The healthcare provider was legally responsible for looking after the patient’s health and well-being. This is typically established by demonstrating that a formal doctor-patient relationship existed, often supported by medical records.
Breach of duty: The medical professional failed to follow accepted standards that other competent healthcare professionals would have maintained in similar circumstances.
Causation: The mistake or failure directly led to the mother’s or baby’s injury, illness, suffering, or death. An independent medical expert must typically confirm this direct connection between the negligent act and the resulting harm.
Damages: The harm resulted in measurable losses, such as financial costs, emotional distress, disability, or death.
The key factor is whether the care you received fell below the accepted standard. While not every poor outcome constitutes maternity negligence, you may have a valid claim if the harm or injury you suffered was avoidable during your medical treatment.
How Long Do You Have to File Clinical Negligence Claims?
You have three years to claim clinical negligence in Scotland. The “limitation period” generally begins from one of two starting points:
Date of harm: The date when the negligent treatment occurred.
Date of knowledge: The date you first became aware that the injury or harm was caused by negligent care.
However, there are a few exceptions to this under Scots Law:
Children have until their 19th birthday to claim clinical negligence in Scotland.
Should the mother or baby die due to the alleged medical negligence, family members have three years from the date of death to make a claim.
Visit our website for more information regarding medical negligence timeframes.
Common Examples of Maternity Negligence: Scotland
Maternity negligence can occur at any stage of your pregnancy, from early prenatal care through to delivery, postnatal care, and recovery.
You may have experienced medical negligence in maternity care if any of the following situations apply to your case:
Prenatal care negligence
During pregnancy, healthcare professionals must monitor both the mother’s and the unborn baby’s development. Negligence during this stage may include:
Failure to diagnose or properly manage conditions like gestational diabetes, pre-eclampsia, or infections.
Misdiagnosis or delayed diagnosis of ectopic pregnancies, fetal abnormalities, or placental insufficiency.
Inadequate monitoring of high-risk pregnancies, including insufficient monitoring of the mother’s and baby’s heart rate.
Pharmaceutical errors, such as prescribing harmful medications without proper consideration.
Failure to respond to prenatal care issues promptly (which could result in avoidable harm).
Labour and delivery negligence
As the name suggests, labour and delivery negligence refers to the substandard care provided by medical professionals during labour and delivery. This can result in birth trauma or life-altering injuries for the mother or baby. Common examples include:
Failure to monitor the mother’s or baby’s heart rate during labour, or missing signs of distress.
Delayed decision-making regarding emergency caesarean sections, potentially causing fetal oxygen deprivation (hypoxia) and severe injuries like cerebral palsy.
Improper use of delivery instruments like forceps or ventouse (vacuum cups) may result in neonatal injuries such as brain damage, fractures, shoulder dystocia, or other birth trauma.
Failure to diagnose and treat umbilical cord or “afterbirth” (placenta) problems.
Inadequate administration of pain medication during childbirth, such as epidural anaesthesia, spinal blocks, or pethidine.
Maternal injuries (for the mother) can include prolapse, haemorrhage, or damage to internal organs during delivery.
Neonatal deaths.
Postnatal care negligence
Maternity care doesn’t end with childbirth, and negligence during the postnatal period can be equally serious:
Failure to diagnose and treat postnatal infections, bleeding, or perineal tears.
Inadequate wound care following caesarean sections or episiotomies.
Inadequate monitoring of both the mother’s and the baby’s heart rate.
Failure to identify and treat complications like newborn distress or health issues after delivery.
Poor care when it comes to breastfeeding difficulties.
Poor postpartum care, including but not limited to, diagnosis of postnatal depression or anxiety.
Errors in medication administration during the postnatal period.
Now that you have a better understanding of how negligence applies in common medical negligence cases, let’s explore the type of evidence required to support a clinical negligence claim in Scotland.
What Evidence Do You Need For a Maternity Negligence Claim in Scotland?
Building a strong medical negligence case requires comprehensive evidence that clearly demonstrates how your care fell below acceptable standards. Working with experienced medical negligence solicitors is crucial for gathering and presenting this evidence effectively.
Jones Whyte takes a thorough and client-focused approach to gathering the supporting evidence needed for successful claims.
Medical records and documentation
Your full medical records form the foundation of any negligence claim. We can recover these records by submitting a Subject Access Request (SAR) under the General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018:
Pregnancy notes, test results, and scan reports.
Labour and delivery records.
Postnatal care documentation.
Hospital admission records.
Any correspondence with healthcare professionals (e.g. midwives, obstetricians, surgeons, etc.).
Personal documentation
Keeping detailed records of your personal experience can strengthen your case:
A diary documenting your pregnancy journey, symptoms, pain levels, and recovery.
Records of additional medical treatment or medication required.
Photographs of any visible birth injury or complications.
Details of how the clinical negligence has affected your and your baby’s daily life.
Financial records showing costs incurred due to negligence.
Record of appointments with other healthcare professionals, such as counsellors or therapists.
Witness statements
Where relevant, statements from the following persons who witnessed your care and/or its effects may support your maternity negligence claim:
Other medical professionals who observed your care.
Your partner or other family members who were present before, during, or after treatment.
Friends or family who can attest to the impact your injury has on your life.
Expert medical evidence
Independent medical experts will review your case and typically conduct a medical examination to determine whether the proposed negligent care you received met acceptable standards. These professional opinions are vital to proving medical negligence claims in Scotland.
Financial Compensation for Maternity Negligence: Scotland
In Scotland, compensation for maternity negligence claims is assessed on a case-by-case basis, taking factors such as the severity and permanency of the injury into account.
Here’s a breakdown of what birth injury claims generally cover:
General damages: Compensation for pain, suffering, and loss of amenity (PSLA) resulting from negligent care, covering both mother and child. This includes physical pain, psychological trauma, reduced quality of life, and ongoing anxiety about future pregnancies or medical procedures.
Compensation for children: If your baby suffered injuries due to medical malpractice, compensation can be awarded for lifelong care needs, special education requirements, rehabilitation, and mobility aids.
As mentioned, the amount of compensation varies significantly depending on the severity of injuries and long-term impact. Some maternity negligence cases, particularly those involving serious brain injuries to babies, can result in multi-million-pound awards to cover lifelong care needs.
How to Claim Medical Negligence in Maternity Care: The Jones Whyte Approach
Filing a maternity negligence claim in Scotland is a complex process that requires assistance from expert solicitors. Here’s how Jones Whyte’s Glasgow-based team approaches clinical negligence claims:
Initial consultation: Our medical negligence team conducts a thorough review of your case details and injuries, assessing the potential for a successful claim. We will explain your legal options in plain English so you can make an informed decision about proceeding.
Gathering evidence: Our lawyers gather all supporting evidence to build a strong case. This includes medical reports, witness statements, photographs of you and/or your baby’s injuries, and independent opinions from other healthcare providers.
Establishing liability: Our legal team follows the Hunter vs Hanley framework to prove a breach of medical duty of care and establish liability of the respective medical professional/s.
Formal claim submission: Once we’ve built a strong case, we submit a Letter of Claim to the relevant healthcare facility (such as an NHS Health Board) or private practitioner, clearly outlining the alleged negligence.
Investigation: The responsible party (defendant) will have a period of time to investigate the allegations brought against them. Our experienced team handles all correspondence on your behalf.
Negotiation: Many medical negligence claims reach settlement through negotiations without requiring court proceedings. Our solicitors work persistently to secure the maximum compensation you and your child deserve. If the defendant denies the claim or fails to respond appropriately, we prepare your case for trial, where a judge will make the final determination.
The benefits of using Jones Whyte
Legal expertise: Our specialist team brings decades of combined expertise to all aspects of maternity negligence law in Scotland, staying current with legal developments and medical standards.
Proven track record: Our 4.8/5 star Trustpilot rating speaks volumes about our legal services and customer satisfaction across the country.
Tailored approach: We recognise that every medical negligence case presents unique circumstances, and we prioritise each client’s individual needs, providing dedicated support at every stage.
No-win, no-fee service: You won’t be liable for legal fees unless your case is successful, in which case we would retain a success fee of any damages awarded.
Do you require assistance with a medical negligence claim in Scotland? Take the first step and reach out to Jones Whyte today.
Key Takeaways
Medical negligence in maternity care occurs when these professionals fail to meet accepted professional standards, resulting in harm, injury, or even death to the mother or baby.
You typically have three years to claim maternity negligence in Scotland, with the exception of minor children and/or cases involving fatalities.
In Scotland, the Hunter vs. Hanley framework governs medical negligence claims. Four elements must be proved: duty of care, breach of duty, causation, and damages.
Maternity negligence can occur at any stage of your pregnancy, from early prenatal care through to delivery, postnatal care, and recovery.
Supporting evidence is required to build a strong medical negligence case in maternity care. This includes, but is not limited to, clinical records, personal accounts, and witness statements.
Compensation for medical negligence claims varies substantially depending on the severity of the mother’s and/or baby’s injuries and long-term impact.
Jones Whyte’s Glasgow-based team specialises in maternity negligence and is here to guide you every step of the way.
Jones Whyte Is Here To Help
No one should have to suffer due to avoidable injuries during and after pregnancy or childbirth.
At Jones Whyte, we’re committed to helping you hold negligent medical professionals accountable and secure the compensation you deserve.
Whether you want to pursue a medical negligence compensation claim or require further information about your circumstances, reach out to our team to discuss your needs today.
Please note: This article is for general information purposes only and does not constitute legal advice. It should not be relied upon as a substitute for professional legal advice tailored to your specific circumstances. If you need advice on a legal matter, get in touch with our team.
