Will the time limit for making a maternity claim be increased?
The All-Party Parliamentary Group on Birth Trauma has published its report on the state of maternity services in the United Kingdom. It is lobbying the Government to devise and implement a National Maternity Improvement Strategy, led by a new Maternity Commissioner. The Group has issued a 12-point plan (which is set out here) to improve standards of care; the priority being the recruitment, training, and retention of more midwives, obstetricians, and anaesthetists.
However, the APPG is also calling for the law to be changed in relation to the time limit for making a maternity claim. At present, adult patients have just three years to bring a medical negligence claim; though this can be extended in circumstances where the claimant was unaware that negligence had occurred at the time it happened.
This timescale can present difficulties for mothers who are understandably have other priorities following birth trauma. Many therefore find themselves unable to take legal action because they fall foul of the three-year time limit.
Parliamentarians across all parties believe that the law should be changed, with the time limit for making a maternity claim being extended from three years to five years.
Caroline Webber-Brown, a specialist solicitor in our birth trauma team, wholeheartedly supports the idea. As a lawyer recommended by the Chambers and Legal 500 directories, Caroline has dealt with numerous birth trauma cases and has first hand experience of just how problematic the three-year time limit can be for women.
“Mothers who experience birth trauma have so much to deal with,” said Caroline. “For some, addressing the legal position is not top of their list of priorities, when care of their baby and recovery from their injuries is the main focus. Others find it difficult to face the ordeal of bringing a legal claim in the years that follow a traumatic birth, and simply need more time to adjust to and process what has happened.”
Caroline added, “We also need to bear in mind that the law requires medical negligence claims to be formally commenced in court within the existing three-year period. In most cases a lot of investigatory work needs to be carried out in advance, before court proceedings can be brought, so while three years might seem like a reasonable time period, the timescale can often be very tight in practice where there has been even modest delay. I therefore always recommend that people act quickly and consult a specialist lawyer if they feel their treatment was substandard. However, if delay has occurred for any reason then our team will be happy to consider your case and, if appropriate, take emergency action to prevent your legal position being compromised.
