Beyond the injury: recognising the psychological impact of pursuing a birth injury claim.

Litigation is unfamiliar territory for most clients and it can feel like a daunting process not knowing when or whether you are going to get the answers you are looking for. As part of the investigation, you will have to recount distressing details of the birth and you might have to do this several times, for example to your lawyer and medical experts. Reliving the circumstances of the traumatic birth can have a negative impact on your mental health, especially if the birth has already given rise to Post Traumatic Stress Disorder (PTSD) or other psychological illness.

As the litigation processes, we find that the delays in obtaining a legal response from the hospital can be difficult to manage. The journey to secure compensation can be long and it is often difficult to predict when the matter will be resolved. In some cases, where the mother is under financial pressure, for example when they ae unable to work the need for a settlement with the defendant is even more pressing. Furthermore, even with supportive expert evidence we have obtained, the defendant may initially deny liability, which can be difficult for injured mothers to handle.

In some circumstances, the lack of accountability from the defendant can feel like mother are being held responsible for their own injuries. Whilst it is very unlikely a clinical negligence case will end in a trial, many mothers are intimidated by the prospect of going to court.

From our experience, the conduct of a defendant can have a direct impact on the psychological wellbeing of claimants. We believe in a collaborative approach when working with NHS Resolution (the central body that is responsible for resolving clinical negligence claims) and NHS Resolution are recognising that lengthy drawn-out litigation can have a negative impact on the emotional wellbeing of mothers that have been injured.

We are part of a member organisation that has an open dialogue with NHS Resolution and are making progress in improving the process for those bringing a claim. For example, we have been emphasising the power of an apology and the benefits that come from that acknowledgment.

We also actively seek an early admission of liability from defendant and find this can significantly reduce stress for claimants. Knowing that the defendant accepts fault helps to minimise the need for prolonged investigation and evidence-gathering and allows mothers to focus on recovery rather than prolonged legal battles.

One of the key benefits of a clinical negligence claim is that it allows independent medical experts to provide objective answers on whether the standard of care received was acceptable, giving clarity and accountability for what went wrong. In contrast, an internal complaint to the relevant hospital may not have provided an independent view of what went wrong.

Having been let down by one set of professionals, it is crucial to have a lawyer on your side and one who you feel completely understands what you are going through. Having a highly skilled and well-connected lawyer is crucial to securing the right outcomes. Lawyers that have expertise, specialist knowledge, and strong ties with support groups, charities and experts ensure claimant’s receive the justice and support they deserve.

We know that at the heart of every birth injury claim is a mother seeking justice, not just for herself, but for others who might face similar harm. By ensuring that the legal process is compassionate and trauma informed, we can make it easier for women to pursue the support and compensation they deserve without feeling retraumatised in the process.

We spoke with Katie Whyley, a client of ours, about her experience in bringing a maternal injury claim for both her and her son:

Discussing my experience with Sophie and having the benefit of unbiased medical expert has been instrumental in helping me process my birth trauma. It has made the whole thing more manageable and less isolating.

The process required me to acknowledge and document the impact of the trauma on me and my wider relationships. The act of having to recount the experience created a space where I felt heard and understood.

Sophie affirmed that my experience was significant and worthy of attention and this was the most powerful part for me; feeling seen and understood for the first time. In fact, just simply being given the space to talk and having my experience validated as ‘traumatic’, opened up pathways to healing that were not apparent to me at the time. 

Being part of the maternal injury club is something I hope no mother has to go through, but if you unfortunately do find yourself in that position, it can feel incredibly lonely.

From my own personal perspective, it also felt like I had failed at my most important role; bringing my child into this world safely! You put an incredible amount of trust in medical professionals to help make this happen and you feel so let down.

Sophie had a powerful role to play in me regaining trust. Speaking to her as an expert offered me a safe, neutral space to discuss the trauma. Her non-judgmental approach created a space where I could process my difficult experience without fear of being misunderstood or judged.

In many ways, Sophie offered much more than support at that time. She showed me compassion and kindness; something I wasn’t showing myself.

Pursuing the claim has offered me so many benefits beyond just the legal process. My primary focus when initiating the claim was seeking legal justice for my son, however it has helped me to acknowledge the impact on me as a mother.

I know now that birth trauma left me feeling powerless, but pursuing the claim has helped me regain a sense of control and served as a form of closure. Seeing a written apology was incredibly important.

The process of navigating a legal claim is not without its challenges, however on a personal side, the legal win has opened up doors to healing. I can confidently say now, ‘this was not my fault’ and I have Sophie to thank for that.