Examples of Medical Negligence During Pregnancy

Pregnancy can be both exciting and scary. It is a period of physical and emotional change when your body is constantly adapting as it grows and nurtures a baby. During this time, you are entitled to expect the highest standard of care from healthcare providers.

All pregnant women rely heavily on advice and treatment from medical professionals to ensure they will safely deliver their babies. If a gynaecologist, midwife or another doctor fails in their duty of care at any stage of the pregnancy, the consequences can be devastating.

If you or your child suffered any harm due to medical negligence during or after pregnancy and childbirth, you may be entitled to make a claim for compensation. This will cover physical injuries, the emotional impact of the negligence and any related financial strain.

For legal advice on how to make a medical negligence claim, contact us by calling 0800 470 0474 or using our contact form to request a call back.

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Table of Contents

• What is the duty of care of medical staff during maternity care?
• Medical negligence during pregnancy
  • Consequences for the mother
  • Consequences for the baby
• Medical negligence during birth
  • Injuries to the mother
  • Injuries to the baby
• Medical negligence after birth
  • Possible consequences for mothers
  • Possible consequences for babies
• Can I claim compensation for obstetrics negligence?

What is the duty of care of medical staff during maternity care?

Medical professionals owe a duty of care to pregnant women. They must ensure the health and well-being of both the mother and the baby throughout pregnancy, childbirth and the postnatal period. This duty encompasses several responsibilities, including:

• Offer care that aligns with established medical standards, such as those offered by the National Institute for Health and Care Excellence (NICE);
• Assess and address risk factors such as pre-existing medical conditions or pregnancy-related complications;
• Ensure pregnant women receive all necessary information about how to maintain a healthy lifestyle during pregnancy;
• Perform the required antenatal tests to identify potential health risks to the mother and foetus;
• Refer the mother to the appropriate specialists if there are specific health concerns;
• Monitor and manage pre-existing conditions to prevent complications during pregnancy;
• Identify and manage complications effectively.

A breach of any of these duties might entitle you to make a pregnancy negligence claim if it results in harm to you or your baby.

Medical negligence during pregnancy

Whether you’re having your first child or you’ve already given birth before, you rely on your healthcare providers to keep you and your baby safe during pregnancy.

While most pregnancies are carried out to term with little difficulty, the standard of care some women receive falls below the acceptable standard. This could result in various complications and can even threaten the health and safety of both the mother and child.

Some of the most common types of medical negligence and mistakes made by medical staff while taking care of pregnant women include:

• Failure to diagnose congenital anomalies or genetic disorders through routine screenings;
• Misinterpretation of ultrasound findings, leading to missed or incorrect diagnoses;
• Failure to monitor maternal and foetal health, leading to undetected complications;
• Poor management of maternal conditions, such as gestational diabetes or hypertension;
• Prescribing unsafe medication or doses, which can pose risks to the foetus;
• Failure to identify or treat infections such as group B streptococcus, cytomegalovirus or toxoplasmosis;
• Inadequate monitoring of foetal growth and well-being;
• Failure to diagnose an ectopic pregnancy or provide the correct treatment for it;
• Failed sterilisation or vasectomy;
• Delayed diagnosis or poor management of pre-eclampsia.

Such negligence can lead to a range of injuries or illnesses with potentially long-term consequences, including:

Consequences for the mother

• Eclampsia, stroke, blood clots and other severe health complications that can be life-threatening to the mother and baby;
• Placental abruption and uterine rupture, which can both pose significant risks to the mother and baby;
• Sepsis can be caused by a failure to diagnose and treat infections or inadequate care after a miscarriage;
• Wrongful pregnancy due to failed sterilisation procedures;
• Infertility from failing to diagnose and treat an ectopic pregnancy correctly.

Consequences for the baby

• Wrongful birth due to the missed diagnosis of congenital diseases such as Down syndrome or Spina Bifida;
• Stillbirth due to failure to detect foetal distress or poor management of maternal health issues;
• Miscarriage due to medication errors or failure to monitor a high-risk pregnancy;
• Premature birth and developmental delays in children.

If you believe that you or your baby suffered an injury as a result of clinical negligence during pregnancy, do not hesitate to seek legal advice to find out if you can start a claim.

Medical negligence during birth

Labour and delivery are, without a doubt, the most painful and difficult part of pregnancy and one of the most severe pains a human can endure.

Healthcare providers are expected to adhere to the established guidelines and protocols to ensure the safety of both mother and baby during birth. Their duty includes monitoring vital signs, recognising emergencies and responding promptly and effectively to complications.

Medical negligence during this period refers to substandard care provided by the medical staff, resulting in harm to the mother, baby or both. Examples include:

• Failure to monitor foetal distress, such as the baby’s heart rate and other vital signs;
• Delayed or poor response to complications, such as delays in performing a caesarean section;
• Failing to respond to an emergency altogether, such as failure to perform a caesarean or episiotomy;
• Improper use of medical instruments such as a ventouse or forceps, which can cause physical injuries to the baby;
• Surgical errors, such as retained swabs or instruments, excessive bleeding or damage to nerves or organs;
• Mistakes when administering anaesthesia or other drugs during childbirth;
• Inadequate suturing of caesareans, tears or episiotomies;
• Using instruments or equipment that is not adequately sterilised;
• Poor management of maternal conditions such as infections or gestational diabetes can also lead to complications during childbirth.

This is not a complete list, and there can be many other types of negligence cases during late pregnancy and birth. These can lead to various injuries to the mother and baby, ranging from mild discomfort to life-altering consequences, such as:

Injuries to the mother

• Perineal tears, which can be severe tears that extend from the vagina opening to the rectum. These can lead to chronic pain, incontinence and sexual dysfunction;
• Infections of the urogenital tract due to poor hygiene;
• Uterine rupture, a tear in the wall of the uterus, which can lead to heavy bleeding and can be life-threatening;
• Adverse reactions or injuries caused by incorrect dosage of anaesthesia, such as respiratory distress or nerve damage;
• Injuries to organs and unnecessary scarring;
• Mental health issues such as anxiety, depression and post-traumatic stress disorder (PTSD) can also arise from a traumatic childbirth.

Injuries to the baby

• Facial nerve injuries due to improper use of forceps during delivery can lead to temporary or permanent paralysis;
• Cerebral palsy affects 1 in 400 babies and often results from brain damage due to oxygen deprivation during labour and birth;
• Erb’s palsy is a condition causing weakness or paralysis of the arm and is due to injuries to the brachial plexus nerves during delivery;
• Fractures, such as those of the head or collarbone, can occur if excessive force is applied during a difficult birth;
• Brain injuries at birth can be due to physical trauma, oxygen deprivation or poorly managed infections;
• Shoulder dislocation can lead to ongoing pain and limited range of motion and can be caused by improper handling of the baby during delivery;
• Hip injuries caused by improper delivery can cause ongoing pain, mobility issues and problems affecting walking and posture;
• Cuts and lacerations can happen during caesarean sections or from the use of instruments like forceps during delivery.

If you or your baby suffered avoidable harm during childbirth, our team of medical negligence lawyers can help you make a birth injury compensation claim.

Medical negligence after birth

Proper care for the mother and baby immediately after birth and during the neonatal period (the first four weeks of a child’s life) is also essential to ensure their health and well-being.

While the most challenging part of childbirth is technically over, medical negligence after birth can still cause injuries and illnesses. In the most serious cases, it can lead to life-long health issues and even fatalities.

The medical staff must assess and support the mother’s recovery and carry out a series of exams to detect any health issues in babies. Some types of negligence after birth include:

• Failure to assess and repair perineal tears;
• Failure to identify retained placenta or foetal tissue;
• Failure to identify and address infections at caesarean or episiotomy sites;
• Not monitoring or treating high blood pressure after delivery;
• Overlooking signs of psychological injuries after birth;
• Failure to identify and treat excessive bleeding after delivery;
• Failure to detect and address birth injuries;
• Failure to carry out physical examinations and monitor vital signs and feeding patterns;
• Not performing screenings for metabolic or genetic disorders.

These and other types of substandard care during the neonatal period can lead to various types of injuries:

Possible consequences for mothers

• Heavy bleeding that can lead to shock, organ failure, hysterectomy and even death;
• Pelvic organ prolapse, which can lead to urinary incontinence and sexual dysfunction;
• Postnatal depression due to hormonal changes and lack of support can lead to long-term emotional issues;
• Increased risk of seizures and stroke;
• Infections due to unsanitary practices;
• Infertility due to undiagnosed retained placenta.

Possible consequences for babies

• Undiagnosed birth injuries, such as fractures or nerve damage, which can lead to long-term physical disabilities;
• Neonatal death, which can result from undiagnosed birth defects, infections, complications during delivery or poor postnatal care;
• Jaundice, which can worsen and cause brain damage if doctors fail to diagnose elevated bilirubin levels;
• Group B strep and other infections due to unsanitary practices or a failure to diagnose maternal infections, which can lead to meningitis and sepsis;
• Hydrocephalus, which is an accumulation of fluid in the brain ventricles, can cause brain damage and
• Seizures and developmental issues can result from a failure to detect low blood sugar levels (hypoglycaemia).

It is essential that you and your baby receive adequate care and treatment throughout all stages of pregnancy. If a medical professional has failed in their duty of care towards you and this has caused you harm, you may be eligible to make a compensation claim.

Can I claim compensation for obstetrics negligence?

If you or your child suffered an injury or illness due to negligent medical care, you should seek legal advice from a medical negligence solicitor as soon as possible. They will assess your case and let you know if you are entitled to compensation.

Before taking on your case, they will verify whether:

• A healthcare professional breached their duty of care towards you;
• You or your baby suffered an injury as a direct result of their negligence (causation);
• This has caused you pain, suffering and financial losses (damages).

Beyond financial support, a successful claim can also offer a sense of justice and closure, helping you move forward after a difficult experience. It may also hold the negligent party accountable for their mistakes and help prevent similar errors in the future.

You should keep in mind that there are strict time limits for starting a claim. Typically, this is three years from when the negligence occurred or when you became aware of it (the date of knowledge).

While you can make a child injury claim at any time before their 18th birthday, it is usually best not to wait. The sooner you seek legal advice, the easier it is to gather evidence and build a strong case.

If you can proceed, your solicitor will work on a no win no fee basis, so there will be no financial risk to you and no upfront legal fees to pay.

To find out if you can make a compensation claim for negligent medical care during pregnancy, call 0800 470 0474 today or use our contact form to request a call back.

Last edited on 26th Mar 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.