In this video, John McCarthy answers the frequently asked question, “Can I claim compensation for PTSD caused by birth trauma?”
Yes is the short answer, again presuming that the birth trauma was as a result of substandard care. You will certainly have situations where there’s a trauma but there has been no shortcoming on the part of the medical staff who are providing the care that’s needed. If it’s the case that either the mother or the baby in the course of the delivery process has suffered an injury, whether physical or psychological in the mother’s case, then if PTSD flows from that, certainly there is an entitlement to be compensated. Even if the mother suffers no physical injuries but if she witnesses her baby suffering a significant injury, then there’s the principle of what’s known as ‘nervous shock’, whereby if a loved one is seen to suffer a serious injury, and the person who witnesses that suffers from a psychological injury, they are entitled to be compensated if there has been substandard care and that gave rise to the injury of the loved one. So, if PTSD has been caused, either by a mother’s experience of her own injuries or her witnessing injuries caused to her baby, she will be entitled to seek cover for PTSD or for any other recognised psychiatric injury which flows from that.
Have you or your child suffered a birth injury?
Contact our birth injury solicitors for advice on whether you may be entitled to compensation.