Ruptured Uterus Claims

Uterine rupture is where the wall of the uterus tears open during pregnancy, usually during labour. It is rare but it is a medical emergency and can be life threatening for both mother and baby. A baby may be left with a brain injury due to a lack of oxygen. Urgent action is required to remove the baby and repair the uterus. A hysterectomy is required in some instances if the damage to the uterus cannot be repaired. Most uterine ruptures occur where the mother has had one or more previous caesarean sections and then attempts a vaginal delivery.
 

Medical negligence claims can arise where:

• A caesarean section should have been carried due to the risk of rupture but was not.
• There was a delay in diagnosing and treating the rupture.
• There was a delay in carrying out an emergency caesarean section once a ruptured uterus was diagnosed.

Ruptured Uterus Compensation

Compensation can include sums to cover the future needs of the child if they have been injured such as any future treatments, care, therapies and equipment. Sums may be awarded to cover costs associated with the mother’s recovery from her injuries including any psychological treatment recommended. The amount of compensation will vary from case to case and will depend on the severity of the injuries to both mother and child as well as other factors. We will be able to advise you fully about what may be claimed.

If you or a family member is concerned about medical treatment in this area, please contact us to discuss how we can help.

Your claim - why us?

To prove a claim it has to be shown that the uterus ruptured as a result of a medical failing. This can be complex as, for example, it may have to be proven that incorrect advice was given or protocols surrounding caesarean sections were not followed.

Your case will be investigated by our specialist lawyers, led by a partner. We understand how traumatic the consequences of a ruptured uterus can be and will provide a highly sensitive and supportive service. We work closely with leading experts to assess the strength of a claim and the long term needs of both mother and child, depending upon the injuries suffered. We will advise upon options to seek funds for early interventions and rehabilitation not available on the NHS where possible.

Our lawyers are recognised by the Legal 500 and Chambers directories as specialists in clinical negligence cases. Our team includes lawyers with specialist clinical negligence accreditations from Action against Medical Accidents (AvMA) and the Law Society.

Frequently Asked Questions

How long do I have to bring a ruptured uterus claim?

There are strict time limits for bringing a negligence claim for injury in England and Wales.   This is called the limitation period. 

For adults, the usual rule is that a claim must be formally started at Court within three years of the date the negligence occurred, or of the date on which the injured person should reasonably have been aware that there might be grounds to bring a claim (if that date is later). 

If a child is injured by negligence, they usually have until their 21st birthday to formally start their claim at Court.

Where a claim relates to someone’s death, the claim should be started at Court within three years from the date of death or from the ‘date of knowledge’ (if that is later).

There are circumstances in which the rules differ; for example, where the claim is for someone who does not have mental capacity to bring a legal claim.

It takes time to investigate a claim, so you should contact us as soon as possible.

 

Can I bring a claim on behalf of a child or family member who is not able to do it themselves?

If a child (or an adult who does not have mental capacity) is injured by negligence, a family member or other trusted person can act as a ‘Litigation Friend’ and bring the claim on their behalf.

Usually claims relating birth injury are brought by one of the child’s parents, who take on the role of ‘Litigation Friend’.

 

What is the process for bringing a claim?

We start by obtaining evidence such as medical records, witness statements, and expert evidence to prove that your condition was worsened by medical negligence. 

We also calculate the amount of compensation that can be claimed.  Typically this involves instructing experienced experts to advise on the additional needs which you now have because of the negligence, in order to maximise the level of compensation. We then try to reach a financial settlement with the Defendant (the individual or organisation legally responsible for the injury) or their insurer. 

In some cases settlement is agreed at an early stage.  In other circumstances, it may be necessary to begin Court proceedings.

For further information on this process, read Our Guide to Making a Claim.

 

Can claims be brought in relation to private and NHS care?

Yes. Where treatment was provided through the NHS, the claim is usually brought against the responsible NHS organisation (such as the Hospital Trust or Primary Care Trust). 

Where the treatment was privately funded, the claim is often brought directly against the private hospital, or the private medical practitioner, that provided the treatment.  Hospitals and private practitioners are typically insured or indemnified for negligence claims.

 

Will my case be decided by the Court?

Probably not. The vast majority of medical negligence claims are not decided by the Court.

Successful claims are usually resolved by agreement of a settlement either before or during formal Court proceedings. 

Occasionally, the Court will decide a case, if it cannot be resolved any other way.

 

What is the benefit of bringing a claim for my child?

If medical negligence was the cause of your child’s disabilities, bringing a claim can secure substantial compensation to meet their needs throughout their lifetime.  Having the funds to buy-in additional support can be transformative. Local authorities have limited budgets and many specialist therapies, such as neurophysiotherapy can be denied to children by the NHS.

There are a lot of resources available to empower disabled people and allow them to live life fully.   However, this often costs more than for non-disabled people.  A claim can secure the funding for life enhancing care, specialist equipment, support with education, adapted accommodation and therapies.   It can also provide long-term financial security for someone whose ability to work is affected by their disabilities.

 

We are struggling with the effects of our child's disabilities. Will it take a long time before my case is concluded?

Medical negligence claims typically involve detailed investigation and expert evidence.  Therefore, they often take several years to resolve.  

Our approach is to seek an admission of liability (i.e. that negligence occurred and caused injury) as early as possible in the process.

When liability is established, the Defendant usually has to pay part of the compensation immediately.  This allows your needs to begin to be met while the work to quantify the full amount of compensation continues.

 

Can I make a 'no win, no fee' ruptured uterus claim?

Conditional Fee Agreements (known as ‘no win, no fee’ agreements) are the most common way that the medical negligence claims we undertake are funded. This gives clients the reassurance that they will not (in almost all cases) have to pay any legal costs in the event that they are not successful with a claim. We will explain all possible funding options with prospective clients.

Please see our page on How are claims funded?

 

Other organisations and resources that may help

• AvMA (Action against Medical Accidents)
• APIL (Association of Personal Injury Lawyers)