Categories
Birth Injury

Is Good Maternity Care A Postcode Lottery? Details Of The Birth Trauma Inquiry

Is Good Maternity Care A Postcode Lottery_Details Of The Birth Trauma Inquiry

May 2024

The Parliamentary Inquiry into Birth Trauma, published on 13 May 2024, makes deeply troubling reading. Led by the All-Party Parliamentary Group (APPG) on Birth Trauma, the inquiry received more than 1,300 written submissions from women and families across the UK.

Many of the accounts describe serious birth injuries caused by medical errors before, during, and after labour, alongside failures by hospitals to provide explanations or accountability. Most distressing were reports of women being treated without dignity or compassion- left unattended, ignored when asking for help, or dismissed when raising concerns about their own health or that of their baby.

Who Led the Birth Trauma Inquiry?

The inquiry was instigated and chaired by Theo Clarke MP, who also led the first Parliamentary debate on birth trauma. Importantly, Ms Clarke’s involvement highlights that poor maternity care and birth injuries affect women from all backgrounds, regardless of socio-economic status.

Key Findings of the Birth Trauma Inquiry on Birth Injuries

A major focus of the inquiry was perineal tearing, clinically known as Obstetric Anal Sphincter Injuries (OASI).

What Is Perineal Tearing?

Perineal tearing occurs during vaginal childbirth when the tissue between the vagina and anus stretches or tears as the baby is delivered. Tears are classified by severity:

  • First degree: Injury to skin only
  • Second degree: Skin and muscle damage
  • Third degree: Tear extends into the anal sphincter muscle
  • Fourth degree: Tear extends into the rectum

The inquiry found that third and fourth degree tears can cause lifelong complications, including bowel incontinence and pelvic organ prolapse.

Professor Mike Keighley, a colorectal surgeon, told the inquiry that many women present decades later with symptoms linked directly to undiagnosed childbirth injuries, stating:

“Incontinence or prolapse had either emerged for the first time or worsened, all due to an injury during childbirth that becomes unmanageable in later life.”

Leading Causes of Severe Perineal Tears

The inquiry identified instrumental (assisted) births as a significant risk factor.

Among the findings:

  • 7.5% of first time mothers having instrumental births experience severe tearing
  • 1.6% of women having non-instrumental vaginal births after a previous delivery experience severe tearing
  • The risk of OASI is 6 times higher with forceps and 3 times higher with Ventouse, when compared to spontaneous vaginal delivery

Other Risk Factors Include:

  • Prolonged second stage of labour
  • Baby positioned back-to-back
  • Baby weighing over 4kg
  • Mother aged over 35
  • South Asian ethnicity
  • Very fast labour
  • Shoulder dystocia
  • Short maternal stature

Can Perineal Tearing Be Caused by Medical Negligence

Yes. The inquiry confirmed that medical negligence can significantly increase the risk of severe perineal tears.

Examples include:

  • Failure to perform an episiotomy when clinically indicated
  • Poor monitoring of baby size or position
  • Failure to identify or manage shoulder dystocia
  • Incorrect or forceful use of forceps or vacuum extraction
  • Poor communication or delayed intervention by medical staff

Missed and Misdiagnosed Perineal Tears

The inquiry revealed that perineal tears are frequently missed or misdiagnosed.

  • Official figures suggest 3.1% of vaginal births result in tearing
  • Evidence cited by the inquiry suggests that the real figure may be closer to 10%

Professor Keighley reported that in 60% of cases involving third or fourth degree tears, the injury was missed at birth.

Misdiagnosis can have devastating consequences. One woman described how:

  • Her fourth degree tear was misdiagnosed as second degree
  • She later developed bowel incontinence
  • Her symptoms were dismissed as psychological
  • Over 21 years, she underwent 18 surgeries, ending in a colostomy.

Where a tear is missed or incorrectly repaired, this may amount to medical negligence, giving rise to a birth injury compensation claim.

Making a Birth Injury or OASI Compensation Claim

If a severe perineal tear is missed, misdiagnosed, or caused by negligent maternity care, a woman may be entitled to claim compensation.

Compensation can help cover:

  • Ongoing medical treatment and surgery
  • Physiotherapy and rehabilitation
  • Psychological support
  • Loss of earnings
  • Long-term care needs
  • Pain, suffering, and loss of quality of life

A claim can also provide answers, accountability, and an apology from the NHS Trust involved.

Get Expert Legal Help for Birth Injury Claims

If you or your baby have suffered a birth injury due to negligent care, you are not alone. What matters now is securing the support and compensation needed to fund recovery and future care.

Our birth injury solicitors have decades of combined experience handling complex medical negligence claims. We are:

  • Compassionate and understanding
  • Clear and honest in our advice
  • Committed to achieving the best possible outcome.

Call us on 01625 667166 today to discuss your claim

Free confidential consultation available

We are here to support you every step of the way

Ask NJS Law

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Categories
Serious Injury

Spinal Injury Claims – What You Need to Know

Spinal Cord Injury

May 2024

It is estimated that 35 people every week – around one person every four hours – suffer a spinal cord injury (SCI). The most common cause of spinal injuries is trauma, including road traffic accidents, workplace accidents, and falls. Importantly, many of these injuries are preventable and occur wholly or partly due to the actions of others.

The effects of a spinal injury depend on its severity. However, in many cases, the consequences are life-changing, affecting mobility, independence, and quality of life.

In this article, we explain what a spinal injury is, how to make a spinal injury claim, and what compensation you may be entitled to receive.

What Is a Spinal Injury?

A spinal injury occurs when the spinal cord or the bones of the spine sustain damage. If the spinal cord is injured, it can disrupt communication between the brain and the body. As a result, paralysis and loss of sensation may occur.

The severity of a spinal cord injury varies. For some people, it leads to complete paralysis. For others, it causes partial paralysis or limited movement.

In addition, serious spinal injuries can arise from damage to the bones of the spine alone. Even when the spinal cord remains intact, these injuries can still have a significant and lasting impact on everyday life.

How Much Compensation Can I Claim for a Spinal Injury?

Every spinal injury claim is different, as no two injuries or circumstances are the same. For this reason, compensation amounts can vary significantly. However, spinal injury compensation may include:

  • Pain and suffering caused by the injury
  • Rehabilitation and ongoing medical treatment
  • Current and future loss of earnings
  • Care and support needs, both now and in the future
  • Home adaptations to improve accessibility
  • Specialist equipment and mobility aids

At NJS Law, our specialist spinal injury solicitors will carefully assess your case and accurately calculate the compensation you need to support your recovery and future quality of life.

How We Can Help With Your Spinal Injury Claim

If you or a loved one has suffered a spinal injury due to someone else’s negligence, you may be entitled to make a spinal injury claim.

By taking action, you may access early rehabilitation, financial support, and the compensation required to adjust to the impact your injury has had on your life. Crucially, timely management, specialist care, and rehabilitation play a vital role in restoring function and reducing long-term disability.

At Nicholson Jones Sutton Solicitors, we understand this urgency. Therefore, we work proactively from the earliest stages of your claim to secure the support you need.

Furthermore, if the organisation responsible admits liability early, we will seek interim compensation payments. These payments can ease financial pressure while your claim progresses.

How Long Do I Have to Make a Spinal Injury Claim?

In most cases, you have three years from the date of your spinal injury to start a claim. However, there are exceptions, particularly in cases involving children or protected parties.

That said, starting a claim as soon as possible is always advisable. Early action allows rehabilitation and financial assistance to begin sooner and makes it easier to gather evidence, such as witness statements and medical records.

Why Choose NJS Law?

At NJS Law, our specialist spinal injury team focuses on the individual. We recognise that every spinal injury claim is unique, which is why we provide a supportive, personalised service tailored to your needs and objectives.

Ultimately, our goal is to secure the compensation you need and deserve, ensuring the best possible quality of life both now and in the future.

Hayley Yates

Solicitor

CONTACT US

Get in touch using the form below or via the following methods:

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FAQ

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Categories
Women’s Health Negligence

Delayed Diagnosis of Breast Cancer and Medical Negligence

Breast Cancer Misdiagnosis

May 2024

A recent article highlighted how a failure to diagnose breast cancer at an early stage allowed the disease to progress significantly before detection. Sadly, diagnostic delays of this nature can leave patients facing life-changing consequences. In many cases, earlier identification could have improved treatment options and outcomes.

This article explores breast cancer in the UK, explains why early diagnosis is vital, and outlines when a delayed diagnosis may amount to medical negligence.

Breast Cancer in the UK

Breast cancer remains the most common cancer diagnosed in the UK. On average, clinicians diagnose around 150 new cases every day. While the condition affects women of all ages, statistics show that approximately 18% of diagnoses occur in women under 50, with the remaining 82% affecting women aged 50 and over.

Because breast cancer is so prevalent, early detection plays a crucial role in improving survival rates and reducing the need for aggressive treatment.

What Is Breast Cancer?

Breast cancer develops when abnormal cells in the breast divide uncontrollably. If left untreated, these cells can spread to other parts of the body through the lymphatic system or bloodstream. This spread is known as secondary or metastatic breast cancer and is more difficult to treat.

Common Symptoms of Breast Cancer

Symptoms can vary between individuals. However, the NHS identifies several key warning signs, including:

  • A lump or swelling in the breast, chest, or armpit
  • Changes to the skin of the breast, such as redness or dimpling
  • A change in the size or shape of one or both breasts
  • Nipple discharge or changes to the nipple’s appearance
  • Persistent pain in the breast or armpit

Although these symptoms do not always indicate cancer, they should always be investigated promptly.

Why Early Diagnosis Matters

Early diagnosis significantly improves outcomes for breast cancer patients. When detected early, cancer is less likely to have spread, and treatment is often more effective and less invasive.

Given that a large proportion of breast cancer diagnoses occur in women over 50, the NHS Breast Screening Programme plays a vital role. The programme routinely invites women aged 50 and over for mammogram screening. In addition, NHS England encourages all women to remain breast aware by following the TLC method:

  • Touch – feel for anything new or unusual
  • Look – notice any visible changes
  • Check – contact your GP if you identify concerns

By acting quickly, women can reduce the risk of delayed diagnosis and advanced disease.

Breast Cancer Treatment Options

Treatment varies depending on the type of breast cancer and the stage at diagnosis. Clinicians tailor treatment plans to each patient’s needs. Options may include:

  • Mastectomy (removal of the breast)
  • Breast-conserving surgery, such as lump removal
  • Chemotherapy
  • Radiotherapy
  • Medication, including hormone therapy

Importantly, earlier diagnosis often allows for less aggressive treatment and better long-term outcomes.

When a Delayed Diagnosis May Be Medical Negligence

In some circumstances, a delayed diagnosis of breast cancer may amount to medical negligence. This can occur where healthcare professionals fail to investigate symptoms, delay referrals, misinterpret test results, or do not follow appropriate screening or diagnostic guidelines.

If you believe negligence caused or contributed to a delayed diagnosis, it is important to seek legal advice as soon as possible. A specialist medical negligence solicitor can assess your care, gather evidence, and advise whether you may be entitled to compensation.

Legal Support for Breast Cancer Negligence Claims

Living with breast cancer, particularly at an advanced stage, can affect every aspect of life. It may impact your health, employment, finances, and family relationships. Pursuing a negligence claim can help secure compensation to support treatment, rehabilitation, and financial stability.

Our team has decades of combined experience advising and representing clients in gynaecological and breast cancer negligence claims. We approach every case with sensitivity, professionalism, and determination.

If you would like to discuss your situation, please contact us to arrange a free, no-obligation consultation. We are available by phone or email and are here to help.

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.

Hayley Yates

Solicitor

Hayley qualified as a Solicitor in 2004. For many years, she has dealt with serious injury litigation cases and has a wealth of experience in representing both Nationwide clients and clients in Western Australia who have suffered from injuries of the upmost severity.

Outside of work, Hayley enjoys spending time with her family, walking her dogs and cold water swimming!