Birth Injury Claims
Having a baby should be remembered as an incredible moment in life. However, if the mother or child suffers an injury during birth, the memories…
Read morePostnatal PTSD compensation claims
If you developed PTSD following a traumatic birth caused by medical negligence, we can help you make a postnatal PTSD compensation claim
- Get free impartial advice with no obligation
- A risk-free, No Win No Fee service
- Experienced solicitors available nationwide
We are a claims management company regulated by the Financial Conduct Authority.
Postnatal PTSD Claims
Postnatal PTSD is a serious mental health condition that can develop after a traumatic childbirth. If the trauma could have been avoided and was caused by or made worse by medical negligence, you may be able to make a postnatal PTSD claim for compensation.
Childbirth trauma can be due to various types of negligence, such as failing to recognise foetal distress, lack of pain relief and birth injuries to the child. This can have a profound emotional toll and make it difficult to bond with the baby and cope with everyday life.
Our team of specialist medical negligence solicitors are here to offer you compassionate support. They can provide guidance through this difficult time and help you secure the compensation you deserve for your pain and suffering.
For a free consultation and case assessment, call 0800 470 0474 today or use our online claim form to request a call back.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.
Table of Contents
What is postnatal PTSD?
Postnatal PTSD is a form of post-traumatic stress disorder that can develop after a distressing or traumatic birth experience, similarly to other forms of PTSD.
Unlike postnatal depression, PTSD is caused by a specific traumatic event, such as a difficult labour, stillbirth or situations where the mother’s or baby’s life is at risk. It is estimated that around 4-6% of people will develop PTSD following childbirth.
The condition can cause various symptoms, such as flashbacks, nightmares, panic attacks and emotional detachment, which can severely impact the mother’s daily life and ability to care for her baby.
Am I eligible to make a postnatal PTSD claim?
If you developed PTSD following childbirth, you may be able to claim compensation if the following can be established:
- Duty of care: A healthcare professional, such as an obstetrician or midwife, owed you a legal duty to ensure your safety and the safety of your child.
- Breach of duty: They breached this duty by failing to meet the expected standard of care.
- Causation: There is a direct link between the negligent care and the psychological injury you suffered.
- Damages: This has caused you pain, suffering and financial losses.
A specialist personal injury solicitor can assess your case during a free consultation over the phone and advise you on your legal rights.
How can I start a claim for postnatal PTSD?
If you believe you have suffered postnatal post-traumatic stress disorder, you should speak to your GP or health visitor about your symptoms. You should also ask your maternity unit for a post-birth debrief to understand what happened.
Starting a claim for compensation is straightforward. All you need to do is contact a birth injury solicitor who will:
- Discuss your situation and assess whether you may have a claim for medical negligence.
- Obtain your medical records and arrange an independent medical exam and psychiatric assessment.
- Send a formal letter of claim to the healthcare provider detailing the allegations.
- Negotiate compensation on your behalf, preparing for a court trial if necessary.
What types of medical negligence can lead to postnatal PTSD?
Experiencing or witnessing birth trauma can lead to PTSD, even if the baby is born healthy. Not all situations in which the mother develops postpartum PTSD are grounds for a claim.
You may be eligible for compensation if your condition was caused by medical negligence, such as:
- Not obtaining informed consent before an intervention, such as a caesarean or forceps delivery.
- Failing to identify foetal distress or complications in time.
- Delaying an emergency C-section or other life-saving procedure.
- Improper or negligent use of the forceps or vacuum extractor.
- Negligent management of emergencies such as shoulder dystocia or placental abruption.
- Ignoring or dismissing your concerns or requests during labour.
- Inadequate support or pain relief during or after labour.
- Birth injuries caused by poor technique or excessive force.
- Inadequate follow-up care or mental health support.
- Severe perineal tears due to substandard care or failing to perform an episiotomy.
What are the signs and symptoms of postnatal PTSD?
The symptoms of PTSD can appear soon after childbirth or take weeks to show, and include:
Reliving the trauma
- Intrusive thoughts and images about the birth experience.
- Having flashbacks and nightmares.
- Intense physical reactions such as nausea, pain, sweating or trembling.
- Feeling as if the traumatic event is happening again.
Avoidance behaviours
- Avoiding people, places or situations that remind you of the trauma.
- Feeling the need to keep constantly busy.
- Avoiding talking or thinking about the experience.
- Avoiding hospitals and medical appointments.
- Using alcohol or drugs to avoid memories.
- Feeling numb or disconnected.
Hyperarousal
- Feeling constantly on edge or easily startled.
- Difficulty sleeping or relaxing.
- Panic attacks or intense anxiety.
- Irritable or aggressive behaviour.
- Difficulty concentrating.
Negative changes in mood or thoughts
- Feeling a sense of dread, shame or guilt.
- Difficulty bonding with the baby.
- Feeling detached from loved ones.
- Overwhelming feelings of sadness or anger.
- Feeling like nowhere is safe and nobody can be trusted.
How is postnatal PTSD diagnosed and treated?
To diagnose your condition, your healthcare provider will ask you about your symptoms, medical history, mental health history and exposure to trauma. You may also need to fill out a questionnaire during your mental health evaluation.
If you get a diagnosis of PTSD, treatment will focus on helping you process the trauma and regain emotional stability. This could include:
- Trauma-focused cognitive behavioural therapy (CBT): A therapist will help you identify and express your emotions and help you develop coping skills.
- Eye movement desensitisation and reprocessing (EMDR): This is a relatively new technique that involves making rhythmic eye movements while recalling the trauma.
- Proscribing medications: Medications such as antidepressants and anti-anxiety medicine to ease your symptoms, when appropriate.
With the correct diagnosis and treatment, most people recover from postnatal PTSD. However, if your healthcare provider fails to recognise the symptoms, provide support, or refer you for specialist care, you may be entitled to compensation.
What evidence do I need to support my claim?
Strong evidence is essential to build a strong claim and secure compensation that reflects your pain, suffering and financial losses. Your solicitor will gather:
- Medical records from your pregnancy, labour and postpartum care, including birth debrief notes from the hospital.
- An assessment or diagnosis from a qualified mental health professional confirming postnatal PTSD, its severity, and how it affects your daily life.
- A medical report from an independent specialist confirming that you received substantial care and suffered avoidable harm.
- Statements from family, friends or medical staff.
- Copies of correspondence or complaints made to the healthcare provider.
- Financial evidence showing any loss of earnings and other expenses.
- A journal of your symptoms and how these have affected your relationships and daily life.
Is it okay to make a PTSD claim against the NHS?
Yes, it is entirely acceptable to claim compensation from the NHS if you experienced trauma and PTSD due to medical negligence. In fact, claims related to obstetrics negligence are some of the most common and high-value claims made against the NHS.
There is no need to worry that your claim will affect the funds allocated for the care and treatment of other patients. All NHS negligence claims are settled by NHS Resolution, which is funded through yearly premiums paid by each individual Trust.
Furthermore, your claim could help highlight flaws within the National Health Service and prevent similar occurrences in the future.
Can I make a claim on behalf of a loved one?
Yes, you may be able to claim postnatal PTSD compensation on behalf of someone you love if they are unable to do so themselves. This may apply if your loved one lacks the mental capacity to handle a claim due to their symptoms.
To be able to represent them, you must prove that they are mentally incapacitated and that you:
- Have no conflict of interest with them.
- You can handle the claim fairly and competently.
If these apply to your case, the court will appoint you as the claimant’s litigation friend, and you will be able to make a medical negligence claim on their behalf.
What is the time limit to claim compensation for birth trauma?
If you experienced PTSD following a traumatic experience when giving birth, you typically have three years to start a claim. This will begin from the date of the incident or from when your condition was diagnosed and linked to negligence.
- If you cannot start a claim due to a lack of mental capacity, the limitation date is put on hold until recovery.
- For birth injury claims affecting children, the three years do not begin to run until the child’s 18th birthday.
How much compensation is awarded for postnatal PTSD?
The amount of compensation awarded for a psychiatric injury will depend on its severity and the expected recovery. This will cover general damages (pain, suffering, and loss of amenity) and special damages (related financial losses and expenses). You could receive:
- £4,820 to £9,980 for less severe PTSD with complete recovery within two years.
- £9,980 to £28,250 for moderately severe PTSD without complete recovery, but where symptoms are not debilitating.
- £28,250 to £73,050 for more severe PTSD with a significant probability of disability in the future.
- £73,050 to £122,850 for serious psychological harm with permanent, debilitating impacts on all aspects of life.
How much will it cost to make a PTSD compensation claim?
If you have a valid claim for clinical negligence leading to postnatal PTSD, our team of solicitors will represent you under a no win no fee agreement. This means that:
- You will not pay anything upfront, or if your claim is unsuccessful.
- You only pay them a success fee if you receive compensation for your injury.
- The success fee is pre-agreed and capped at 25% of pain, suffering and past financial losses.
If you or a loved one developed PTSD following a traumatic birth, call 0800 470 0474 today or request a call back. You will receive a free case assessment and legal advice, with no obligation to proceed with a claim.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy.
