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Although the vast majority of midwives are hard-working and conscientious, there may be occasions where inappropriate behaviour occurs and midwife negligence may occur, leading to a birth injury or other trauma for the mother and baby.
In August 2010, a midwife was struck off the nursing register when it was found that she had left a mother alone during a difficult birth and then lied about her actions.
A disciplinary panel of the Nursing and Midwifery Council (NMC) decided that she had been guilty of failing to ensure another midwife was with the mother, failing to tell the parents the baby had moved to an awkward position during the birth, failing to notice the baby's heart rate had increased or informing the parents about it.
Because the mother had had a difficult pregnancy and the birth was regarded as high risk, the midwife was expected to remain in the delivery room throughout unless she had good reason to leave. The new-born girl died from a viral infection.
The panel said that the midwife's other actions which made the situation worse were that she had made inaccurate notes about the birth and had behaved in an insensitive and insulting manner towards the parents when she saw them later.
The Nursing and Midwifery Council is responsible for safeguarding the health and wellbeing of the public through supervision of the 660,000 registered nurses and midwives in the UK.
Anyone who has concerns about the ability and standards of a nurse or midwife may report their concerns to the NMC for investigation, although patients or their families are advised to first make an official complaint through the person's employer.
Employers and the police can raise matters with the NMC and the organisation stresses that if there are any immediate fears for patient safety then action should be taken promptly through the police as well as sending a written report to the council.
YouClaim's help over midwife negligence
It is not necessary to know the outcome of a hearing by the disciplinary panel of the NMC before deciding to take legal action over midwife negligence but there is likely to be a greater chance of success if it has already made a decision.
YouClaim's experienced birth injury lawyers can advise parents at any time and, although there is usually a three-year time limit in bringing a personal injury action, in the case of a claimant who is under 18, the legal process has to begin before the person is aged 21.
With specialist solicitors throughout the UK, YouClaim can offer a high-quality service of advice and representation on all personal injury matters, including medical negligence, in a sensitive and caring manner.
If you would like to speak to one of our trained legal adviser about an incident of midwife negligence, you can call free on 0800 10 757 95.
