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Caesarean Section (C-Section) Negligence Claims

Suing the NHS or private healthcare providers for birth trauma

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Common Causes of C-Section Negligence

A C-section is a major surgical procedure that requires careful planning and execution. Errors during the procedure can lead to serious complications for both mother and baby. Negligence can occur when healthcare professionals fail to act appropriately, whether by delaying the procedure, mismanaging surgery, or providing inadequate post-operative care.

Some of the most common causes of C-section negligence include:

  • Failure to perform a C-section when required: Delays in identifying the need for emergency surgery can lead to oxygen deprivation, foetal distress, or stillbirth.
  • Surgical errors: Poor technique may result in internal organ damage, excessive bleeding, or infections due to improper wound closure.
  • Mismanagement of complications: Conditions such as uterine rupture, placenta praevia, or umbilical cord prolapse require urgent medical intervention to prevent harm.
  • Failure to monitor post-operative recovery: Neglecting to check for blood clots, infection, sepsis, haemorrhaging, and other complications can put the mother’s life at risk.
  • Anaesthetic errors: Mistakes in administering epidurals or general anaesthesia can cause nerve damage, breathing difficulties, or long-term health issues.

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Specialist negligence solicitors

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24/7 Support

Specialist negligence solicitors

Am I Eligible to Make a Claim?

To bring a successful claim, four key elements must usually be proven:

1

Duty of care

The healthcare provider had a legal responsibility to care for you.

2

Breach of duty

The care fell below acceptable medical standards.

3

Causation

The harm you suffered was a direct result of that substandard care.

4

Damage

You experienced physical, emotional, or financial harm as a consequence.

Is there a time limit?

You usually have three years from the date of the incident or when you first realised negligence may have occurred. Exceptions may apply for children or those lacking mental capacity.

Related Claims

Birth Injury Claims

Cerebral Palsy Claims

Erb’s Palsy Claims

Brain Injury Claims

Complications with Induced Labour

Surgical Errors

Maternity & Pregnancy Negligence

Your Questions Answered

Who can make a claim?

Anyone who has suffered harm due to a delayed, mismanaged, or poorly performed procedure may be eligible. This includes both mothers and babies affected by medical errors before, during, or after surgery.

Claims can also be made on behalf of babies who have suffered long-term disabilities due to negligence, even if symptoms only become apparent later in life.

How long do I have to make a claim?

  • For the mother: You have three years from the date of the procedure or from when negligence was discovered.
  • For the child: A claim can be made on their behalf until they turn 18. After that, they have three years (until age 21) to start a claim themselves.

If the child has severe brain damage or lacks the mental capacity to claim, there may be no time limit.

Why should I make a claim?

As well as the physical impact, compensation may also take into account the psychological trauma suffered by the mother or baby due to a traumatic birth experience.

Compensation can help cover:

  • Medical treatment & rehabilitation: If the mother or baby experiences long-term health issues.
  • Loss of earnings: If the mother is unable to return to work due to complications.
  • Specialist care & home adaptations: If the child requires ongoing medical support.

How is compensation calculated?

The amount awarded depends on:

  • The severity of the injury: Cases involving lifelong conditions receive higher settlements.
  • Medical & therapy costs: Including surgery, physiotherapy, and specialist treatment.
  • Impact on quality of life: Whether the injury affects daily activities, mobility, or employment prospects.

Additional Resources

Who do you want to file a claim against?

Suing the NHS for negligence

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What’s the reason for your claim?

Suing for malpractice

Suing for misdiagnosis

Suing for delayed diagnosis

Suing for surgical negligence