Sarah O'Sullivan, Author at Tees Law

How to start a business in France

Posted on 8 October 201823 March 2025 by Sarah O'Sullivan

It is possible to start a simple business quickly and cheaply in France. Larger and more complex enterprises may require expert advice to ensure that they are registered correctly and comply with the relevant regulations.

While many of the things you’d do when setting up a business are the same in France as in the UK, for example preparing a business plan and researching your market and competitors, it is often the company structures and business regulations in France that can deter people from setting up their own business there. It is true that France does appear to have a baffling number of processes, but it has in fact been made easier for business start-ups in recent years and many aspects have been simplified.

Here we take a look at the steps to consider:

French legal business structures

There are two types of legal business structure in France:

Sole trader (entreprise individuelle or EI)

If the business you are hoping to set up is small and you do not need any significant funding, it is likely that an entreprise individuelle (EI) will work for you. This is what we would call a sole trader business in the UK. In addition, you can set it up using the business tax status of micro-entrepreneur, which protects your family home from business creditors.

A company (société) such as EURL and SARL

However, if your business requires a loan, is likely to make a loss in the first years, or you are running it with non-family members, then you would be better advised to set up a limited liability company. The most common types are the entreprise unipersonnelle à responsibilité limitée and the société à responsibilité limitée, which are abbreviated to EURL and SARL.

These different structures have a variety of tax implications, i.e. they determine whether you are taxed through your business or your personal income tax. Additionally, there are other types of company for more complex structures, which you would be advised to discuss with an expert in French company law.

It is worth noting that if you are a national of the European Economic Area (EEA), you do not need a residence or work permit to start a business in France.

Registering a business in France

All new businesses in France need to be registered with the authorities, and this is done at a business registration centre known as a centre des formalités des entreprises (CFE). This does the job of notifying all the relevant statutory bodies who need to be aware of your business, such as tax and social security organisations.

You can do this yourself very cheaply if your business is a simple entreprise individuelle, but for more complex business structures, while it is still possible to do it yourself, you are probably better advised to use the services of an avocat (a French lawyer) or an accountant.

Confirmation of your registration usually takes about two weeks, after which you will receive a business identification document, which is called an extrait K for a sole trader or an extrait Kbis for companies. You will also be given a 14-digit business registration number known as your SIRET (the first nine numbers refer to your identity on the national business register, while the last five identify the area in France in which your business is located).

French business classification

There is also a system of classification for all businesses in France that identifies whether your business is a trade, a profession or commercial, or whether you are working as an agent, in agriculture or in the artistic sector. You will need to decide which of these your business falls into when you register the company – if your business falls into two categories, then you should register your principal activity. Your local French chamber of commerce should be able to help you decide on the appropriate category.

French business insurance

Consider taking expert advice regarding your public liability and professional indemnity insurance. While it is not obligatory for all business activities, your business classification will identify what cover is required and premiums can be high.

Finding business premises in France

It is possible to run your business from home in France without any change of use from the planning authorities as long as the property continues to be your home. You may have issues with neighbours, however, and if you are receiving clients or goods to your home address you should apply to your local mairie/préfecture for consent. You should also check your lease if you live in a block of flats, as there may be a clause there which states that commercial activities cannot be carried out on the premises.

Buying business premises in France is fairly straightforward, although you should consider using a legal structure called a société civile immobilière (SCI) as it can offer some financial advantages.

If you buy an existing business and premises, you will be required by French law to respect existing employment contracts. Also remember that France has regulatory requirements for certain types of business, e.g. health and safety if you are considering opening a food-related business.

French business banking and accounting

If you have a separate business in France, you are required to open a business bank account in the same name as the business. You may receive an introduction to a bank when you register your company and it may be necessary to visit the bank in person and to take a copy of your business plan with you. There is likely to be a minimum deposit required and a quarterly charge for your business account.

If you have chosen to trade as an entreprise individuelle, the authorities are usually happy for you to manage the book-keeping yourself, and the same is true if you opt for the micro-entrepreneur tax regime – as long as you keep a book of expenditure and receipts and have this available for possible short-notice inspection.

Although you’ll most likely be willing to do the book-keeping for your new business yourself, it is worth (and this could save you money in the long run) appointing a professional French accountant with commercial expertise, otherwise known as an expert-comptable. They are legally responsible for keeping you informed of changes to the tax laws and for keeping your accounts in good order.

Financial assistance for starting a business in France

A good expert-comptable will also be able to advise you on the best way to access financial assistance for your new start-up. There are many schemes available, and it is worth taking the time to research the one that would be best suited to your business and situation. They will often include tax and social security savings, as well as offering grants or low interest rate loans. The government offers subsidised employment contracts to certain business sectors if you are able to offer jobs to the unemployed, the young or the elderly.

Paying tax in France

How you pay tax will be dependent upon the structure you have chosen for your business, and will either fall under the personal income tax system called impôt sur le revenu or the company tax system known as impôt sur les sociétés.

If you are a sole trader, then you are automatically taxed under the personal income tax system. A limited company in sole ownership can choose to be taxed through either system, while a limited company in joint ownership should be taxed under the company tax system.
Whichever way you pay your tax, you will pay your social security contributions under the régime des travailleurs non salariés (TNS).

Employing staff for your new business

You can find staff via recruitment agencies, newspapers and online much as you would in the UK, or you can use the pôle emploi, which is the national job centre. However, employment law is complicated in France and it is a good idea to contact a specialist French lawyer who will advise you as to whether you have the correct business structure to employ staff. They will also help you to declare your new member of staff to the relevant authority, as well as ensuring that you comply with all other conditions of employment.

Marketing your business

If you are marketing your business in France, i.e. if you are not relying solely on clients from the UK, you must remember to be sensitive to French traditions and protocols. As in the UK, get to know your market and identify appropriate advertising channels. Write all your marketing communications in French and do not presume that you can simply translate any existing materials, which will target the English market, into French.

If you are about to start a business in France and want help at any stage of the process, our French-speaking legal team can give you the straightforward advice you need. The team is led by our French-qualified avocat Herve Blatry, based in our Bishop’s Stortford office, who has extensive experience of conducting business in France and will be able to offer specialised advice and secure you the best results.

Call our French legal team on 01279 322 515 for an initial obligation-free chat, or fill out our enquiry form and we will get in touch.

One year old Scarlett loses foot and fingertip to sepsis: A mother’s story

Posted on 13 September 201828 March 2025 by Sarah O'Sullivan

In March 2018, Natalie Atkins’ one-year-old daughter, Scarlett, fell seriously ill after showing signs of sepsis. Despite seeking medical help, Scarlett’s condition worsened, ultimately leading to the amputation of her left foot and the tip of one of her fingers. Natalie shares her harrowing experience and highlights the critical importance of recognising sepsis in young children.

Scarlett’s symptoms: A rapidly worsening condition

On March 18, 2018, Natalie noticed Scarlett’s alarming symptoms: a high fever, persistent cough, and a red pin-prick rash spreading across her chest, tummy, and back. Scarlett’s feet were bluish-purple and mottled, and her hands and feet felt cold. She was unusually lethargic, disoriented, and refused to eat or drink. Worse still, Scarlett had not passed any urine.

Concerned, Natalie immediately called NHS 111 at 12:18 pm. They advised her to bring Scarlett to the hospital’s Urgent Care Centre within the hour. However, upon arrival, they faced a long wait to see a doctor, during which Scarlett’s condition rapidly deteriorated, making it difficult for her to breathe.

A misdiagnosis and growing concerns

Once seen by a doctor, Scarlett was diagnosed with a sore throat and a viral rash. The doctor suggested they return home and prescribed antibiotics, only advising use if Scarlett’s throat showed signs of infection. But after a restless night, with Scarlett vomiting twice, Natalie grew more concerned. The next morning, Scarlett’s condition had worsened, and she was floppy and disoriented.

After speaking with her GP, Natalie managed to secure an earlier appointment. However, Scarlett’s condition continued to decline. Her lips turned blue, and she struggled to breathe. In a state of panic, Natalie called her GP again, and Dr. Parry urged her to bring Scarlett in immediately.

Life-saving intervention: Sepsis diagnosis

Upon examining Scarlett, Dr. Parry quickly diagnosed septic shock — a life-threatening complication of sepsis characterised by dangerously low blood pressure. Scarlett was immediately transferred by ambulance to Lister Hospital, and from there, she was quickly transferred to Great Ormond Street Hospital. Doctors feared Scarlett might not survive the journey.

Intensive treatment and devastating loss

At Great Ormond Street, Scarlett received life-saving care, including multiple antibiotics, chest drains, and numerous X-rays. Unfortunately, the sepsis had caused severe damage, leading to the amputation of Scarlett’s left foot and the tip of one of her fingers. Scarlett also endured extensive scarring and skin grafts, with more surgeries likely in her future.

The long road to recovery

Before her illness, Scarlett was a typical one-year-old, beginning to walk, feed herself, and explore. However, her recovery has been slow. Doctors predict delays in her walking and potential growth issues in her legs.

Natalie’s message to parents is clear: Be aware of the symptoms of sepsis. If you suspect your child may be affected, call 999 immediately. Early diagnosis is crucial, as delay can lead to life-changing injuries or even death. “We were fortunate that Scarlett survived, but our lives have changed forever,” Natalie says.

Investigating medical negligence

Tees Law is currently investigating whether Natalie has grounds to pursue a claim for damages against the Urgent Care Centre at Queen Elizabeth II Hospital. Janine Collier, Executive Partner and Head of the Medical Negligence and Personal Injury Team at Tees, emphasised the importance of early sepsis diagnosis. “In the UK, more people die from sepsis than from breast, bowel, and prostate cancers combined. Early recognition and treatment save lives and can prevent long-term complications. We will work closely with the family to review the facts of this case.”

Sepsis is a medical emergency, and understanding its symptoms can be the difference between life and death. Early intervention is key to reducing the risk of permanent damage.

Home to school transport – Appeals

Posted on 19 April 201827 March 2025 by Sarah O'Sullivan

Your child’s eligibility for home to school transport can have a big impact on which school you choose. Find out about the eligibility criteria for home to school transport.

Criteria for home to school transport

Eligibility for home to school transport is, in the first instance, calculated by walking distance from the school. To be eligible for home to school transport, your child must be attending their nearest suitable school and live at least:

2 miles from the school (for children under the age of 8)
3 miles from the school (for children over the age of 8, up to age 16).

The distance is measured by the nearest available safe route on foot.

When a child lives within walking distance of their school, the Local Authority is not ordinarily expected to provide transport. Although parents may consider the distance is simply too far for their child to walk, the law could differ. Many parents face the difficult prospect of arranging transport themselves.

Local Authorities are obliged to provide transport for children who attend a school outside of walking distance if:

The child attends that school out of necessity (rather than the parent’s choice)
No alternative travel arrangements are suitable.

Is my child eligible for home to school transport?

Some children who are within walking distance of their school may be eligible for home to school transport.

Children who may be eligible for home to school transport include:

Children who have special educational needs, disability or mobility problems (SEND) which mean they cannot reasonably be expected to walk to school (and there are no suitable alternatives to attend school nearer to home);
Children who live within ‘walking distance’ of their school but who could not reasonably be expected to walk due to the nature of the routes available (and there are no suitable alternatives to attend school nearer to home). This is often the case in rural locations, where there may not be a viable safe route for children to take to school;
Children aged 8-11 registered at a school more than two miles from home who are entitled to free school meals (this supersedes the 3-miles rule for children up to 11 years old);
Excluded children who are required to attend a school other than their registered school outside of walking distance;
Children over the age of 11 years old who are entitled to free school meals and who are registered at a qualifying school.

However, there are exceptions to the rule. Even where a child is deemed ‘eligible’ it is important to note that if there are other suitable travel arrangements available, the Local Authority may not be required to provide home to school transport.

Home to school transport appeals

“When choosing a school, the presence of school buses at the gate each day does not automatically mean that your child is entitled to a place on one,” says Polly Kerr, Senior Associate at Tees and specialist education law solicitor. “Schools have a duty to provide transport to eligible children – unfortunately, some children are simply not eligible. School transport can be somewhat of a minefield for parents with potential to cause practical problems. It’s important that parents understand, both when applying for school places and appealing them, when the Local Authority has a duty to provide school transport and when it does not. Understandably, transport provision can have a significant impact on choice of school and the family’s daily routine,” Polly continued.

Polly helps parents who need to appeal allocation of school places and home to school transport. If you need to make an appeal, Polly has the skills and experience to guide you through the process and help secure the best possible result for you and your child.

Call Polly on 03301 355806 or email polly.kerr@teeslaw.com for a confidential chat about your circumstances and how we can help.

Admission of liability for parents following death of 2 hour old baby in birth medical negligence case

Posted on 16 March 201828 March 2025 by Sarah O'Sullivan

Tees secured an admission of liability and a £15,000 settlement for Melissa, whose daughter Enid was born 13 weeks prematurely and sadly died soon after birth.

A tragic case of medical negligence

Melissa suffered a premature rupture of membranes (PROM) and was admitted to the hospital for observation and monitoring. Despite the severity of her condition, she was negligently transferred to a hospital unequipped to care for extremely pre-term babies. Tragically, Enid passed away from complications that could have been avoided if she had been treated in a specialist unit.

What happened to Melissa and Enid?

At 25 weeks pregnant, Melissa experienced a small vaginal bleed and PROM, a critical pregnancy complication that can lead to premature birth or infection. Concerned for her baby’s health, she went to the hospital and was admitted to a specialist maternity hospital with a neonatal unit equipped to care for babies born at or before 28 weeks’ gestation.

She was under the care of consultants and midwives for several days. On at least one occasion, she experienced pre-term labour, reaching 5cm dilation. Despite concerns of infection, Melissa was given antibiotics and continued to be monitored.

Inappropriate transfer and devastating consequences

Melissa was later transferred by ambulance to a hospital closer to her home. However, this hospital lacked the necessary facilities to care for babies born before 28 weeks. Upon arrival, her cervix was fully dilated, and Enid was in a difficult position. An emergency caesarean section was performed.

Enid required breathing support and was placed in the Special Care Baby Unit. Unfortunately, her breathing tube became dislodged. Despite six unsuccessful attempts to re-intubate her, Enid died at just two hours old.

Seeking justice with Tees

Devastated and seeking answers, Melissa contacted Tees to explore a medical negligence claim. We acted on her behalf under a “No Win, No Fee” agreement. Our legal team thoroughly reviewed her medical records and instructed specialists in maternity care to provide expert evidence.

Melissa claimed that her transfer to the unequipped hospital was negligent. The hospital later admitted that the decision was inappropriate and that, had Enid been born in the specialist unit, doctors likely would have successfully replaced her breathing tube, saving her life.

The case settled for £15,000, reflecting the short duration of Enid’s life. For Melissa, the settlement brought closure and acknowledgement of the failings in her care.

Support for parents after a stillbirth or neonatal death

Losing a baby is a devastating experience. Parents often feel isolated, guilty, and overwhelmed by grief. If you have suffered a traumatic birth or lost a child, Tees is here to help.

Our specialist midwifery and obstetric negligence solicitor, Gwyneth Munjoma, has extensive experience in cases involving psychological trauma and neonatal deaths. You can contact Gwyneth at our Chelmsford office on 01245 294274 or email her at gwyneth.munjoma@teeslaw.com to discuss your case.

Understanding Premature Rupture of Membranes (PROM)

Premature Rupture of Membranes (PROM) occurs when a mother’s waters break before 37 weeks of pregnancy. The baby is surrounded by amniotic fluid, which is contained within a protective sac. When the sac ruptures too early, it can lead to premature birth or infection.

Risks Associated with PROM

Preterm birth
Infection in the mother’s womb (chorioamnionitis)
Respiratory distress syndrome in the baby
Umbilical cord complications

Prompt diagnosis and monitoring are essential to manage PROM effectively and ensure the best possible outcome for both mother and baby.

If you have any concerns about your care during pregnancy or after birth, our expert team at Tees is here to listen and advise.

Client names have been changed to protect their privacy.

Life changing settlement for wrongful birth case after negligence during antenatal screening

Posted on 16 March 201828 March 2025 by Sarah O'Sullivan

Tees secured a life-changing settlement for the family of a boy born with Down’s syndrome, where doctors had negligently failed to detect Down’s syndrome during routine antenatal tests.

Negligence during antenatal screening

Aiden* was born with severe Down’s syndrome, experiencing developmental delays, profound learning disabilities, and requiring life-long care. His parents, Paula and Tim*, gave up their careers to care for him and faced significant mental health challenges.

A promising future turned upside down

Before Aiden’s birth, Paula and Tim had successful careers—Paula ran her own business, and Tim was a vice president of a company. They were excited to start their family and eagerly anticipated their child’s arrival.

The importance of antenatal screening

Antenatal screening is a routine part of pregnancy, designed to detect serious conditions like Down’s syndrome. The purpose is to provide parents with the information they need to make informed decisions. When an abnormality is detected or a high risk is identified, further tests like amniocentesis are recommended.

Critical errors in screening interpretation

In Paula’s case, her screening results were mistakenly interpreted as indicating a low risk of Down’s syndrome. In reality, her results showed a high risk, meaning she should have been offered amniocentesis. Tragically, Paula and Tim were falsely reassured that their baby was healthy.

Had the screening been correctly interpreted, Paula and Tim would have chosen further testing. Upon diagnosis, they would have made the incredibly difficult decision to terminate the pregnancy.

The devastating impact on the family

The shock of Aiden’s diagnosis at birth was overwhelming. Paula developed severe adjustment disorder and depression, while Tim struggled to manage both his demanding career and caring responsibilities. Eventually, both parents were forced to leave their jobs.

The emotional and financial strain on the family was immense. Paula and Tim lost the careers they were passionate about, while facing the lifelong challenges of raising a child with complex needs.

Tees’ commitment to justice

Paula and Tim approached Tees about a potential wrongful birth claim. Our experienced team pursued the case on a ‘No Win, No Fee’ basis. Despite the hospital’s initial denial of liability, Tees persisted, gathering evidence from medical experts and building a strong case.

Eventually, the hospital conceded its negligence. Interim payments were secured to cover the family’s immediate needs, including care for Aiden, accommodation, and specialist support.

Securing a life-changing settlement

Tees achieved a significant settlement that included compensation for Paula and Tim’s emotional suffering, loss of earnings, and the lifelong care Aiden requires. The settlement ensures financial stability and access to the best possible care and support.

Words from our legal team

“This was a particularly complex and sensitive case. The news of Aiden’s diagnosis was a devastating shock to his parents. While Aiden is deeply loved, the circumstances of his birth profoundly affected the family. The settlement provides for Aiden’s lifelong care and offers financial security to his parents. I am honored to have supported them through this challenging process.”

Support from wrongful birth claims solicitors

Wrongful birth claims are deeply distressing and can impact every aspect of a family’s life. At Tees, our compassionate legal team is here to help you navigate the process. If you are considering a claim, contact our specialist wrongful birth claims solicitors for free, confidential advice.

*Client names have been changed to protect their privacy.

£200,000 settlement for maternal birth injury case after mother suffered incontinence and depression

Posted on 16 March 201828 March 2025 by Sarah O'Sullivan

Tees secured a £200,000 settlement for Beatrice*, who endured life-altering injuries after the birth of her first child.

Background of the case

Beatrice was admitted to the hospital to deliver her daughter, Alanna*. During labour, Beatrice received an epidural for pain relief. However, Alanna was positioned abnormally, causing her shoulders to become stuck during delivery. As a result, Beatrice required an episiotomy (a surgical incision to widen the vaginal opening) and forceps to assist with the birth. Alanna, weighing over 4kg, was delivered with the help of a Registrar who repaired the episiotomy.

Symptoms and medical complications

Soon after Alanna’s birth, Beatrice experienced several distressing symptoms, including:

Incontinence – Difficulty controlling bowel movements and passing wind.
Fistula – Passing stool through the vagina, caused by a tear in the wall of muscles between the vagina and anus.
Passive Soiling – Struggled with cleaning up after using the toilet.

Several months later, Beatrice was diagnosed with a third-degree tear to her perineum (the area between the vagina and anus) and a significant injury to her sphincter (the muscle controlling bowel movements). Despite physiotherapy and biofeedback therapy, Beatrice’s symptoms persisted, leading to profound distress and depression.

Impact on Beatrice’s life

The impact of her injuries was severe: she could not return to work full-time, and her marriage broke down due to the emotional and physical toll.

Legal representation and outcome

Janine Collier, an Executive Partner and expert in obstetric anal sphincter injury (OASIS) claims, represented Beatrice on a “No Win, No Fee” basis.

Tees successfully proved that Beatrice’s care was substandard. The third-degree tear should have been identified immediately after delivery, but it was missed by the Registrar. Additionally, a primary repair should have been performed post-delivery, which would likely have prevented Beatrice’s long-term symptoms. Beatrice argued that proper treatment would have spared her from ongoing issues with bowel control and depression.

While the hospital initially admitted liability, this admission was later retracted, and the case proceeded toward trial. Ultimately, the hospital agreed to a £200,000 settlement.

Financial security and future treatment

This compensation provides Beatrice with some financial security, enabling her to fund future treatment and support her as a single mother who is unable to work full-time.

Janine Collier commented, “While many women suffer tears during childbirth, these injuries should usually be detected and repaired immediately. If missed, the consequences can be life-changing, leading to incontinence and depression. Sadly, as in Beatrice’s case, marital relationships can also break down due to these challenges. I’m proud to help these mothers rebuild their lives.”

Client testimonial

Beatrice expressed her gratitude, saying, “I cannot thank you and your team enough for all your work and commitment. I feel overwhelmed, but in the best possible way.”

Birth injury claims: Tears during delivery

If you experienced a perineal tear during delivery that wasn’t identified or repaired, leading to ongoing complications, contact Janine Collier, an expert in Obstetric Anal Sphincter Injury cases. For initial advice, call Janine at 01223 702303 or email janine.collier@teeslaw.com.

Client names have been changed for privacy.

Life changing settlement for boy born with cerebral palsy due to midwife negligence

Posted on 16 March 201828 March 2025 by Sarah O'Sullivan

Tees secured a life-changing settlement for the family of a boy who suffers from cerebral palsy as a result of medical negligence during his birth. This case highlights significant failings, particularly a lack of communication and information sharing within the NHS, which was pointed out in the recent HSIB Maternity Investigation Report.

Miles’ story: The impact of medical negligence

Miles was born with severe cerebral palsy due to a lack of oxygen during his birth. He suffers from quadriparesis (muscle weakness in all four limbs) and relies on a specialised wheelchair. Additionally, he has a severe learning disability and experiences seizures related to his condition.

Tees successfully proved that Miles’ birth injury was the result of medical negligence. Key errors by the medical team included:

Improperly set up monitoring equipment
Failure to monitor Miles’ heart rate during labour
Failure to recognise signs of distress
Delayed caesarean section

These mistakes led to brain damage and neurological disabilities, resulting in oxygen deprivation (asphyxia) at birth, a condition that can cause lasting brain injuries, and in severe cases, stillbirth or death.

Tees secured a substantial settlement on behalf of Miles and his family, offering closure about what transpired during his birth. The settlement provides Miles with the resources necessary to improve his quality of life. The family has since moved into a specially adapted home that meets Miles’ needs, and he now has access to essential care services, equipment, and therapies.

The birth story: A chain of failures

Sam’s pregnancy had been routine, and she was considered to have a low-risk pregnancy by her midwives. As the due date passed, she and her partner eagerly anticipated meeting their child. Confident in the proximity of the hospital, Sam chose a home birth.

However, as labour progressed, Sam became concerned about the irregular and intense contractions. She attempted to track them but struggled. Her partner called the hospital for advice, and a community midwife arrived at their home. At this point, Sam had been in labour for several hours, and her contractions were erratic. She had not felt the baby move since the early morning. The midwife recommended they go to the hospital for an evaluation. Trusting the midwife’s guidance, Sam agreed, and they made their way to the hospital.

Upon arrival, Sam felt a glimmer of hope when she felt the baby move. However, hospital staff seemed unaware of Sam’s situation, despite the midwife having called ahead. After being shown to a maternity room, Sam and her partner were left without any support as the midwife searched for necessary equipment. The delay lasted over an hour, with Sam in increasing pain and anxiety building.

When the monitoring equipment was finally found, it was discovered that it was improperly set up. The monitor had no straps to secure it, and the midwife attempted to make do by using disposable underwear to hold it in place. The equipment continued to slip off, and Sam later learned it had been set up incorrectly. This led to inaccurate information about Miles’ condition in the womb for a critical period.

After several hours of labor with no progress, a doctor recommended an immediate caesarean section. Unfortunately, the caesarean was delayed for nearly an hour, which led to oxygen deprivation during delivery. Miles was born covered in meconium and struggled to breathe, requiring intubation and immediate transfer to a special care unit. Sam was devastated, learning that Miles had only an 80% chance of survival. Fortunately, he survived, but the traumatic birth left him with lifelong challenges.

A family’s lifelong struggle

The traumatic birth has changed the family’s life permanently. Miles will require lifelong care, as he will never be able to live independently or work. Understanding the medical negligence involved, Sam sought legal advice from AvMA (Action Against Medical Accidents) and contacted Tees to pursue a claim.

Tees took on the case and successfully demonstrated that Sam’s care during labour was substandard. We proved that with appropriate care, Miles would have had a significantly better chance and, based on the evidence, would not have suffered cerebral palsy.

If you or a loved one has been affected by cerebral palsy due to medical negligence, contact Tees to learn how we can help with cerebral palsy claims.

Types and causes of common birth injuries in babies

Posted on 16 March 201824 March 2025 by Sarah O'Sullivan

Birth injuries in babies are devastating and can have lifelong effects. Parents often seek answers and support when faced with such circumstances. This guide explores the causes of common birth injuries and provides insights into medical negligence claims.

Why choose our legal specialists?

Our experienced clinical negligence lawyers are here to guide you through the claims process, from your initial consultation to financial settlement. Contact us for a free, no-obligation conversation.

Understanding birth injuries

A birth injury occurs when a baby is harmed before, during, or just after delivery. While some injuries are unavoidable, others result from medical negligence. Examples include:

Brain injuries: Caused by oxygen deprivation (anoxia or hypoxia) or physical trauma.
Shoulder dystocia complications: Leading to nerve damage like Erb’s palsy.
Obstetric brachial plexus Injury: Resulting in loss of arm movement and sensation.
Broken bones: Often due to improper use of instruments.
Stillbirth and beonatal death: Tragically, some birth injuries result in the loss of a baby.

Causes of birth injuries Due to medical negligence

Medical negligence may include:

Failure to monitor the baby’s heart rate
Mismanagement of complications during labour
Delays in seeking specialist help
Incorrect use of delivery instruments

If you suspect negligence, we are here to listen and advise you.

Types of birth injuries

Brain injury at birth

Brain injuries are among the most severe birth injuries. Symptoms may include developmental delays, mobility issues, and cognitive impairment. Cerebral palsy is a common outcome of severe brain injury.

Causes:

Anoxia (complete oxygen deprivation)
Hypoxia (reduced oxygen supply)
Physical trauma during delivery
Maternal infections or untreated health conditions

Shoulder dystocia complications

Shoulder dystocia occurs when a baby’s shoulder gets stuck during delivery. It can lead to nerve damage, fractures, or hypoxia. Prompt medical intervention is critical.

Obstetric brachial plexus injury

This injury damages the nerves in the shoulder, leading to paralysis or weakness. Erb’s palsy is the most common form, often caused by shoulder dystocia.

Broken bones during delivery

Fractures may occur due to improper instrument use or excessive force during delivery. Babies with underlying bone conditions are at greater risk.

Stillbirth and neonatal death

In severe cases, birth injuries can lead to stillbirth or neonatal death. Possible causes include:

Placental abruption
Umbilical cord prolapse
Severe hypoxia
Birth trauma

How we can help

At Tees, we are committed to helping parents uncover the truth about their baby’s birth injury. While no financial settlement can undo the trauma, it can provide essential support for your child’s care and future.

Contact us

If you have concerns about your baby’s birth injury, call us for free advice. Our dedicated legal team will support you every step of the way.

Disclaimer: This content is for informational purposes only and is not a substitute for medical or legal advice. Please consult your doctor or legal adviser for further guidance.

Medical negligence leading to uterine rupture

Posted on 15 March 201824 March 2025 by Sarah O'Sullivan

Understanding the possible risks, symptoms and causes of uterine rupture can help mothers make informed decisions about their care.

How to claim compensation for uterine rupture

If you have experienced a uterine rupture that was not detected or adequately managed by your assigned healthcare providers, our skilled solicitors at Tees are available to assist you in seeking compensation. We’ll listen to your experience, and help you find out what happened during your care – you may be eligible for compensation.

Uterine rupture

Uterine ruptures are very rare, but they can have devastating consequences for parents and their children. Complications during pregnancy can lead to health problems for mother and baby. In extreme cases, they may even lead to the death of the mother and/or baby or both. Other complications as a result of a uterine rupture can have lifelong consequences, including brain damage and learning disabilities. The mother might be advised not to attempt to have children again, which can be deeply upsetting if she had planned a larger family.

Mothers who attempt a vaginal birth after caesarian (VBAC) but receive substandard care which causes a medical problem, may have a medical negligence claim. For example, if their care provider did not identify a suspected uterine rupture, or carry out an emergency caesarean section in a timely manner, there may be a claim for negligence.

What is uterine rupture?

Uterine rupture is a serious medical condition where the wall of the uterus (the womb) tears during pregnancy.

Uterine ruptures are very rare. They happen in approximately 2 out of every 10,000 pregnancies in the UK , so the chances of it happening are low.

However, when a uterine rupture occurs, it is very important that mother and baby receive the correct emergency medical care. The condition has potentially life-threatening consequences for mother and baby, including maternal haemorrhage (bleeding), severe brain injury and stillbirth.

What causes uterine rupture?

Uterine rupture is a risk during any pregnancy. However, some risk factors are linked to an increased chance of it happening.

Uterine rupture following a previous caesarean section

A rupture is more likely if there is scar tissue in the uterus. Scarring in the uterus can be caused by a caesarean section and some types of abdominal surgery. Most uterine ruptures occur in women who have had a previous caesarean section. The physical stress of pregnancy, the baby’s growth and contractions may cause the scar to rupture. This is because scar tissue is not as elastic as normal tissue and thus does not stretch as well as normal tissue and is much more likely to tear when stretched.

A delivery plan should be created and discussed where a woman has had a previous caesarean section (or has any other known factors that increase the risk of a uterine rupture). This should form part of the mother’s care during pregnancy. The plan should include the mode for baby’s delivery. A consultant will be involved and will discuss the plan with the mother at some point during her pregnancy, and the plan is reviewed as she gets closer to her due date. The woman should be given all the information so that she can make an informed choice.

Mothers who have had a previous caesarean section can still attempt a vaginal birth if they so wish. However, an emergency caesarean might be necessary if there are complications during labour. Mothers attempting a vaginal birth after caesarean (VBAC) should be closely monitored during labour. If there are any signs of uterine rupture, labour is usually abandoned and an emergency caesarean section carried out. Mothers with a previous uterine rupture or classical caesarean scar are at particular risk of suffering a uterine rupture. Her doctor or midwife should recommend an elective caesarean section and advise against attempting a vaginal delivery. This is because of the increased risk of suffering a uterine rupture.

Other potential causes of a uterine rupture

Uterine ruptures are very rare in a mother with an unscarred uterus, but this may happen for example where drugs used to induce labour overstimulate the uterus.

Traumatic injury to the uterus can also cause uterine rupture. Common causes of traumatic injury include car accidents, assault or difficult assisted delivery (such as a forceps delivery). If a rupture is caused by negligent actions of a doctor or midwife, the mother might have a medical negligence claim.

Other uterine rupture risk factors include:

if you have had five or more children
your baby is too big for your pelvis
if you have excess of amniotic fluid
in multiple births e.g. twins, triplets, quadruplets etc.

Risk of repeat uterine rupture

If you have had a uterine rupture before, you are particularly at risk of suffering another rupture if you become pregnant again. In this situation, your doctor will recommend a caesarean section, without attempting spontaneous (natural) labour and delivery. Your doctor or midwife should explain this to you during your pregnancy, as well as the relative risks and benefits to you and your baby.

Signs and symptoms of uterine rupture

Many of the symptoms of uterine rupture are ‘nonspecific’. Some of the symptoms of a uterine rupture could be associated with other medical conditions and it is important that care providers make a firm differential diagnosis.

In particular, midwives and doctors caring for mothers attempting VBAC are trained to recognise signs of uterine rupture and the steps to be taken. VBAC women are categorised as high risk and are continuously monitored once in labour.

Possible symptoms of uterine rupture include:

vaginal bleeding
a bulge underneath the pubic bone
significant pain in the lower abdomen
abdominal pain or soreness
painful from the scar area
pain between contractions
difficulty or failure to locate the baby’s heartbeat
drop in the baby’s heart rate
drop in the mother’s blood pressure
loss of uterine contractions, or if the labour fails to progress naturally.

This list is not exhaustive, and not every woman will experience all of the above symptoms. Seek medical attention immediately if you are concerned about your or your baby’s health during pregnancy. Your care providers should listen to you if you’re worried, and take you seriously. If you think your doctor or midwife did not listen during your pregnancy, you can contact your local Patient Advice and Liaison Service (PALS) for advice and support.

Early signs of uterine rupture during labour

Uterine ruptures can occur during labour, typically during the early stages of labour. One of the first signs of uterine rupture may be an abnormality in the baby’s heart rate. A change in the baby’s heart rate might indicate that the baby is in distress and needs urgent delivery. Your midwife or doctor should note the signs of foetal distress and take immediate action to deliver the baby.

Possible symptoms of uterine rupture on the mother’s side include an increased heart rate, drop in blood pressure or signs of maternal haemorrhage and pain uncharacteristic of contractions.

Risk of uterine rupture after a previous Caesarean section

If you have had two or more caesarean sections before, a senior obstetrician should advise you and agree a plan for delivery.

If you are considering a VBAC, your doctor should tell you about the risks and benefits of a planned VBAC compared to an elective repeat caesarean section (ERCS). Their recommendation should depend on your individual circumstances. In general, your doctor should make sure you understand the risks and guide you towards a feasible plan. General topics your doctor should cover include: risk of uterine rupture, possible risks to your own health and your baby’s health and the likelihood of a successful VBAC. Above all, your caregivers should ensure that you are comfortable with the plans for your delivery. When considering a potential VBAC or ERCS, your doctor should explain the risks, including :

a planned VBAC is linked to a 1 in 200 (0.5%) risk of suffering a uterine rupture
a planned ERCS is linked to a small increased risk of placenta praevia and/or placenta accreta in future pregnancies, and of pelvic adhesions
attempted VBAC which ends in an emergency caesarean delivery carries the greatest risk of complications for mother or baby.

Your doctor should explain that a planned VBAC should only take place in a suitably staffed and equipped delivery suite. The unit should have continuous intrapartum care and monitoring with resources available for immediate caesarean delivery and advanced neonatal resuscitation.

Caregivers should help mothers by providing information, explaining the risks and ensuring that the mother is happy with her delivery plan. Mothers should feel that their wishes are respected and that their doctors listen to them.

To help ensure your delivery experience goes as you wish, you might consider preparing questions for your consultant or midwife before your antenatal care appointments.

Uterine rupture terminology

Below is a useful glossary of terms which you might hear in connection with uterine rupture.

Where appropriate, these terms are explained specifically in the context of uterine rupture.

Placenta praevia: a condition where the placenta is positioned unusually low in the uterus, normally next to or covering the cervix
Placenta accreta: a serious medical condition where the placenta remains fully or partially attached to the wall of the uterus after the baby is born
Foetal distress: a term used to describe signs during labour which may indicate a problem with the baby’s well-being.

Disclaimer: All content is provided for general information only, and should not be treated as a substitute for the medical advice of your own doctor, any other health care professional or for the legal advice of your own lawyer. Tees is not responsible or liable for any diagnosis made by a user based on the content of this site. Tees is not liable for the contents of any external internet sites listed, nor does it endorse any service mentioned or advised on any of the sites. Always consult your own GP if you’re in any way concerned about your health and your lawyer for legal advice.

Forceps delivery complications and possible negligence claims

Posted on 15 March 201824 March 2025 by Sarah O'Sullivan

Forceps are sometimes used to deliver a baby, usually if the mother becomes exhausted, the baby is distressed or is in an awkward position. Forceps are meant to expedite delivery, with minimal risk of trauma to mother and baby.

Tees Law provides expert legal advice for medical negligence claims. Please note: we can only work with people where the birth took place in England or Wales, UK.

Problems after forceps delivery

Forceps should only be used when medically necessary, and with the mother’s consent. Unfortunately, some forceps deliveries can cause serious and devastating injuries to mothers and their babies. It can be especially traumatic for mothers who did not plan a forceps delivery (even if no physical harm was caused to mother or baby).

Forceps delivery medical negligence claims

If you experienced a problem during or after a forceps delivery, you could have a claim for negligence if there was:

any significant injury to the baby
any physical or psychological injury to the mother
lack of adequate consent for the procedure

Risks of forceps delivery

Forceps deliveries can cause superficial, temporary birth injuries to the baby. The NHS states that risks of forceps deliveries include:

temporary marks on baby’s face
small cuts or bruises on baby’s face
a bruise on baby’s head (known as ‘cephalohaematoma’) which may increase the baby’s risk of developing jaundice.

The NHS advises that small injuries generally heal a few days after birth. In normal circumstances forceps shouldn’t have a long-term effects on the baby.

However, forceps deliveries can be distressing for parents and babies. It’s very natural for parents to be concerned if the baby has suffered scratches or bruises during delivery. The mother should be warned about the likely injuries from forceps before the baby is delivered or, if it’s an emergency delivery, shortly after.

Risk of serious birth injury due to forceps delivery

Serious birth injuries due to forceps deliveries are very rare. However, forceps can lead to long-term or permanent health issues for the mother and baby. The risk of complications during a forceps delivery may increase if the baby is very large, in a difficult position, the head is positioned relatively high up in the birth canal or the doctor has had no training or has no experience in their use.

Possible injuries as a result of a forceps delivery include:

bleeding (haemorrhage) inside baby’s skull, and/or skull fractures
damage to the baby’s facial nerves
swelling on baby’s head
trauma to the baby’s eyes
brain injury to the baby, such as cerebral palsy
physical injury to the mother (usually 3rd or 4th degree tears).

The risk of a serious birth injury during a forceps delivery is incredibly low, but it can happen. In very rare cases, the baby may suffer a permanent birth injury or die shortly after birth as a result of their injuries.

When and why are forceps used?

Forceps are a form of assisted delivery. Assisted deliveries are quite common in the UK (about 1 in every 8 births) and they’re most common when labour is particularly long, the baby is distressed and spontaneous delivery is likely to be slower.

Doctors might recommend a forceps delivery if:

the baby is showing signs of distress, such as a decreased or increased heart rate
the baby is in a difficult position to be delivered by the mother’s effort alone
the mother needs help delivering the baby, for example if she has been in labour a long time and has become too exhausted.

Doctors may recommend forceps if the baby needs to be born quickly – for example, if there is an immediate risk to the mother or baby’s life.

The use of forceps depends entirely on the individual case, and the wishes of the mother. Doctors may recommend forceps if the mother has planned a vaginal birth and needs assistance during the second stage of labour. The second stage of labour begins when the mother’s cervix is fully dilated. By the second stage of labour, the baby is normally at or below the mid-cavity of the mother’s pelvis. If the baby is sufficiently low down in the birth canal, forceps delivery may be less risky than an emergency caesarean section.

If the baby is very low down in the birth canal, an emergency caesarean section may not be the best mode of delivery as the baby would need to be pushed back up the birth canal in order to be delivered by caesarean section. Therefore, in some situations, forceps may be the safest mode of delivery. There is some risk to the mother/baby, but as all options carry some risk, the doctor will recommend the safest mode of delivery taking all the circumstances into account. Further, if the baby has progressed far down the birth canal enough for forceps to be a safe option, then they should advise you accordingly and seek your consent.

Doctors may recommend forceps to help minimise the risk of injury and help your baby to be born safely, in the right conditions. Forceps can help mothers who wish to have a vaginal birth avoid a caesarean section. Forceps are typically recommended if a caesarean section is considered too risky or if the baby will be delivered quicker than by caesarean section.

Different types of forceps and how they work

There are many different types of forceps, each designed for use in specific situations. Common types of forceps you might hear about include:

Outlet forceps (e.g. Wrigley’s forceps)

Wrigley’s forceps are smaller and gentler than other types of forceps. They are designed for use when the baby is very far down the birth canal, and is almost born. They’re typically used when baby’s head is already showing. You might also hear them referred to as ‘lift-out’ forceps.

Low/mid-cavity forceps (e.g. Neville Barnes forceps)

Mid-cavity forceps are slightly bigger than outlet forceps and are normally used when the baby is positioned a bit further up the birth canal.

Rotational forceps (e.g. Kielland’s forceps)

Kielland’s forceps are used where the baby’s head needs to be rotated into a position suitable for a safe vaginal delivery before delivery takes place. In the wrong hands, Kielland’s forceps are potentially dangerous medical instruments and can cause serious trauma to the mother and baby.

The Royal College of Obstetricians and Gynaecologists (RCOG) recommends that Kielland’s forceps be only used in theatre, with tested and effective local anaesthetic. They should only be used by doctors trained and experienced in their use. When used correctly, Kielland’s forceps can help to achieve a successful vaginal birth.

Consent to use of forceps

In some situations, a forceps delivery may be the safest option for mother and baby. Advice from the RCOG suggests that a caesarean section may not always be an alternative to an assisted delivery because of the risks involved. Second stage caesareans are very difficult procedures, which can lead to complications for mother and baby. They may also have an effect on future pregnancies. A caesarean section may not always be a viable alternative to a forceps delivery, and your caregivers should tell you about all the options available so that you can make an informed choice.

Doctors and midwives must obtain consent to a forceps delivery. The consent should be:

voluntary: the decision to consent to treatment should be entirely the patient’s own. So, you shouldn’t be pressured into a certain type of treatment by friends, family or medical staff.
informed: caregivers should tell you about the treatment and answer your questions. They should tell you about the risks, benefits and alternative treatments available. In the case of forceps, your doctor should also tell you about other procedures such as ventouse (vacuum extraction) and caesarean and the benefits and risks to you and your baby.
given with capacity: in order to consent to treatment, you must be able to understand the information your caregivers present you with. If a patient lacks capacity, caregivers are allowed to treat you without your consent if it’s in your best interests to do so.

Can I refuse to give consent for the use of forceps?

You have a choice about whether forceps are used to deliver your baby or not. Mothers may refuse to consent to any procedure they don’t want during their labour and delivery.

Before your doctor attempts a forceps delivery, they must fully explain the procedure to be carried out, its likely complications and the alternatives available. The doctor must also explain what will happen if the forceps delivery is unsuccessful (for example, an emergency caesarean section). The doctor must answer all your questions and address any concerns you may raise. However, it must be borne in mind that forceps deliveries usually take place as an emergency, in situations where you may be quite distressed and the doctor may need to deliver your baby quickly if the baby is in distress. Your birth partner may ask questions on your behalf.

If you wish to avoid a delivery by forceps, make sure your wishes are included on your birth plan and discuss it with the attending midwife beforehand. If you are worried, ask your doctor or midwife once you are in labour.

Consent forms aren’t normally signed for forceps deliveries. You will be asked to provide verbal consent to the procedure. However, if the doctor or midwife thinks a caesarean section may be necessary if the forceps delivery fails, you should be asked to sign a consent form.

If you had a forceps delivery, and think it might have caused a negligent injury to you or your baby, talk to our birth injury claims specialists. Please note, Tees Law is based in England, UK and we are only able to work with clients where the birth took place in England or Wales, UK.

Birth injury statistics: Birth injury claims

Posted on 15 March 201824 March 2025 by Sarah O'Sullivan

Most of the time, pregnancy and childbirth is straightforward. However, sometimes there are complications and there can be injury to the mother, the baby or both.

Sometimes these injuries are unavoidable, but every year there are a number of cases where injuries, which can have life-changing consequences, are caused by medical negligence.

If something happened to you, or your baby, you don’t have to suffer in silence – it’s natural to want to understand what happened, and why. Our specialist birth injury claims solicitor can help you find a way forward.

We’ve all the expertise you need. We’ve advised many women on wide-ranging problems related to birth injuries, including:

injuries to the baby – such as stillbirth, cerebral palsy, Erb’s palsy, hyperbilirunia, and broken bones
injuries to the mother – such as pre-eclampsia, haemorrhages, perineal tears, uterine prolapse, faecal incontinence, complications with anaesthetics, and infections
failed sterilisation
disabled children – such as a failure to detect spina bifida or hydrocephalus, or misjudging the risk of Down’s syndrome.

If you or your baby has suffered from a birth injury and you are worried about the care you received, contact us today.

Our specialist birth injury claims solicitors understand what you’re going through, and we can help you get answers about your care. We’ll listen to your experiences, and help you find out what happened during your pregnancy and delivery.

The UK is one of the safest countries in the world to have a baby in. However, there are inherent risks associated with pregnancy and childbirth. Here, we look at the potential risks and benefits of different types of delivery.

Overall, the UK is a very safe place to have a baby. There were 696,271 live births in England and Wales in 2016 and the stillbirth rate is decreasing. Data shows that in 2016 the stillbirth rate decreased to 4.4 per 1,000 births (England and Wales – the lowest rate recorded since 1992.

However, research suggests that maternity care can be improved. Research shows that 921 babies suffered a serious birth injury in 2015. Many of those injuries were life-altering or, very sadly, resulted in the baby’s death. Of these:

119 babies suffered from intrapartum stillbirth (the baby died during labour)
147 babies died during the neonatal period (the baby died shortly after birth)
655 babies suffered a severe brain injury.

Pregnancy and childbirth can also put the mother at risk. In very rare cases, the mother can die during pregnancy and childbirth (called maternal death, or maternal mortality). In 2010-12 , the maternal death rate in the UK was 10 in every 100,000 maternities. These figures also include women who opted for a termination of pregnancy or suffered an ectopic pregnancy.

Risks of birth injury during a home birth

Deciding where to have your baby is a very personal decision. It is your choice, and you don’t have to have your baby in hospital if you don’t want to. Some parents choose a home birth so that their baby is born in a relaxed, comfortable home environment. Home births might be an option if you want to avoid a medicalised labour.

Based on current research, the NHS reports that “as a whole, home births are as safe as ones in medical settings”. Serious complications occur in 4.3 out of every 1,000 births (whether in hospital, a birth centre or at home).

However, research suggests that in certain conditions a home birth may be more risky than a hospital delivery. In first pregnancies, a home birth almost doubles the risk of the baby suffering a birth injury (compared to delivery at a hospital or birth centre). A home birth can, in certain conditions, increase the risk of complications during delivery (up to a three times greater risk). This includes a broad range of complications – including very serious injuries such as brain injury to the baby, to treatable injuries including bone fractures. 45% of first time mothers who attempt a home birth are transferred to hospital, compared to 12% of women who have had a baby before.

Despite the relatively increased risks, the chances of suffering a serious complication during a home birth remain low. If you are considering a home birth, involve your midwife or GP early on. They are best placed to advise you, and they should ensure you are aware of the benefits and any potential risks of a home birth.

Risks of birth injury at a birth centre or midwifery unit

Birth centres (also called midwifery units) are different to hospitals. They’re run by midwives, and often have a more relaxed atmosphere compared to a hospital maternity unit. Some parents opt for a birth centre delivery because the unit has:

friendly, welcoming atmosphere
higher chance of being attended by a familiar midwife
lower rate of medical intervention (less likely to have a forceps or ventouse delivery).

There are no specific risks linked to birth centres, but your midwife/doctor might recommend a hospital delivery instead if your pregnancy is considered ‘high risk’. You might have a high risk pregnancy if: you have a pre-existing medical condition, if you experience complications during pregnancy or if you had a complication during a previous delivery. Normally this is a precautionary measure to reduce the risk of harm to you or your baby. If there are complications during your labour (for example, if the baby is in distress and you need an emergency caesarean section) a hospital is equipped to deal with it.

Generally speaking, having a baby at a birth centre is very safe. They are reassuring, homely environments which can help to reduce the stress and anxiety around giving birth. If you would like to have your baby in a birth centre, talk to your midwife or GP and include this in your birth plan.

Risks of birth injury during a vaginal delivery

There are risks during any type of delivery, and vaginal deliveries are no exception. If you are planning a vaginal delivery, your midwife/doctor should explain the benefits as well as the potential risks.

9 out of 10 women suffer a perineal tear during a vaginal delivery. Unfortunately, some of these tears are serious (3rd or 4th degree tears) and are considered maternal birth injuries. About 3% of women suffer a serious tear which affects the muscles in the anus (back passage) and perineum (the area between the vagina and anus). Tears can damage the pelvic floor muscles, which control your bladder and bowel movements. Consequently, vaginal deliveries are associated with an increased risk of bowel and urinary incontinence (compared to a caesarean section). The symptoms of serious tears can last a long time, and be very difficult to cope with – affecting the mother’s career, relationships and day to day life. Research suggests that, compared to a caesarean section, women who have a vaginal delivery are 67% more likely to suffer urinary incontinence. The effects are also more likely to be long term, with a 275% increased risk of urinary incontinence 10 years’ after a vaginal birth (compared to a caesarean section).

Vaginal births can also be complicated by shoulder dystocia. Shoulder dystocia is when the baby’s shoulder becomes stuck behind the mother’s pelvic bone, with the head already delivered. It is a rare complication which affects in about 1 in every 150 births. It can cause Erb’s palsy or possibly brain injury to the baby.

You can read more about possible birth injuries to mothers, and their frequency, here.

Certain factors can increase the risk of injury during a vaginal birth – including your weight, age, medical history and whether you’ve had any children before. Your caregivers should tell you about the risks so that you can make an informed decision about the mode of delivery before you have your baby.

Risks of birth injury during an elective or repeat caesarean section

A quarter of babies in the UK are born through caesarean section. Most of these babies are born healthy, and the procedure is normally straightforward. However, a caesarean section is still major surgery. Any type of surgery has risks, though the chance of a serious problem are quite low. When caesarean sections go wrong, it can be extremely traumatic for babies and their parents.

If your pregnancy is considered ‘high risk’ or has been particularly difficult, your midwife/doctor might recommend a planned (or ‘elective’) caesarean. In certain situations, planned caesareans can help manage a high risk pregnancy and reduce the chance of mother or baby suffering serious harm. Your midwife/doctor should explain the potential risks and benefits of a planned caesarean, and answer any questions you might have. Planned caesarean sections are usually recommended if, on balance, it’s less risky to have a caesarean section than ‘spontaneous’ (natural) labour and a vaginal delivery. The reasons why your midwife/doctor may recommend a planned caesarean include: if you have a low-lying placenta, your baby is in the breech position or if you’ve previously had a caesarean section.

Complications following caesarean sections include:

3-4 in every 100 babies born by planned caesarean suffer from breathing problems (compared to 2-3 in every 100 babies born by vaginal delivery)
there is a chance the mother might develop a blood clot in her lung (pulmonary embolism). Pulmonary embolisms after a caesarean section are very rare, but they can be life-threatening. 1 in 1,000 women who suffer a pulmonary embolism following a caesarean section die from the condition
infections after a caesarean section are also fairly common. They normally take a few weeks to heal, but can be quite painful.

The above list is not exhaustive. There are additional risks for women who have had three or more caesarean sections, including:

placenta accreta (retained placenta following baby’s birth)
emergency hysterectomy (removal of the womb)
damage to the bowel (which affects 1 in 1,000 women), bladder or ureter which can cause incontinence
higher risk of stillbirth in future pregnancies (4 in 1,000 compared to 2 in 1,000 vaginal deliveries).

It usually takes longer to recover from a caesarean section than a vaginal birth. This is because a caesarean section is a major surgery, and your wound needs time to heal. Some mothers struggle to sit upright, or get around much just after their baby is born.

Emergency caesarean section

Your doctor might recommend an emergency caesarean section if there are complications during your labour. Situations where an emergency caesarean section might be necessary include:

if your baby is distressed (normally indicated by changes in baby’s heart rate)
your labour is particularly long or difficult, or you have a long second stage
if your baby is in an awkward position or is particularly big
the mother’s well-being is at risk
a vaginal delivery is not possible without endangering the health of the baby or mother.

13% of babies are born by emergency caesarean section. It can be a frightening, and even traumatic situation for parents. Unfortunately, some women end up not having the birth experience they’d planned due to unforeseen complications during labour which necessitate an emergency caesarean. It can be a difficult experience for both partners, and the physical and emotional recovery can be difficult.

Risks of birth injury during vaginal birth after caesarean section (VBAC)

Many women choose a vaginal birth after a caesarean section in a previous pregnancy (VBAC), for example, if they wish to avoid another caesarean.

VBAC deliveries have a 72-75% success rate (this is increased to 85-90% if you’ve had a vaginal delivery before). Many women achieve their goal of a successful vaginal delivery, and a successful VBAC may be the safest delivery option. However, VBAC deliveries are associated with the following risks:

25% of women who attempt a VBAC will be unsuccessful and require an emergency caesarean section to deliver their baby – a procedure which can be traumatic and frightening
women who attempt a VBAC have a 1% higher chance of requiring a blood transfusion or suffering a uterine infection (compared to a repeat caesarean section)
0.5% (1 in 200) women suffer uterine rupture during VBAC. This is where the scar of a previous caesarean section weakens and splits, which can be life-threatening
0.2% (approximately 2 out of every 1,000) of babies born by VBAC suffer brain damage or, sadly, die during delivery. This risk is comparable to the risks of a first-time labour. The risks of brain damage are lower during an elective repeat caesarean section (0.1% or 1 in every 1,000).

The risks increase if the mother attempts a VBAC but is unsuccessful. Your care provider should make you aware of this.

If you have previously had a caesarean section, your midwife and doctor should explain the risks and the benefits of a VBAC compared to a planned caesarean section. They should also explain the risks of multiple caesarean sections and how this could affect any subsequent pregnancies.

£90,000 settlement allows couple to fund IVF treatment after negligent surgery

Posted on 1 November 201728 March 2025 by Sarah O'Sullivan

Tees secured a £90,000 settlement for Alicia*, a woman who became infertile after her left fallopian tube was damaged during negligent surgery. The settlement has given Alicia and her partner, Lewis*, the opportunity to pursue IVF treatment to grow their family.

Negligent surgery leads to infertility

In 2008, Alicia underwent surgery to repair a hernia located on the left side of her groin. During the procedure, surgeons noted that her fallopian tube and ovary were involved. Following the surgery, Alicia was assured by her doctors that everything had gone well. At the time, Alicia was 24 years old and had plans to start a family in the future.

Discovering the devastating consequences

In 2014, Alicia and Lewis decided to begin their family. After several months of trying, Alicia became pregnant. Tragically, she suffered a ruptured ectopic pregnancy involving her right fallopian tube, resulting in the loss of her baby. During emergency surgery to remove the ruptured tube, doctors discovered that Alicia’s left fallopian tube was missing. The removal of her right tube left Alicia completely infertile, requiring IVF to conceive.

The devastating news shattered the couple’s dreams of having a large family. Alicia developed severe depression, and both she and Lewis struggled to accept the reality of their situation.

Seeking legal support with Tees

Determined to find answers, Alicia and Lewis approached Tees to pursue a medical negligence claim. Our team investigated the circumstances surrounding Alicia’s hernia surgery. With the support of a general surgery expert, we alleged that the negligence during the procedure caused Alicia’s left fallopian tube to be damaged or removed.

The hospital admitted full liability and issued an apology.

Securing the future with a £90,000 settlement

While Alicia and Lewis were able to have one child through NHS-funded IVF, they faced further challenges. NHS support for IVF ended after their first child, leaving them unable to afford additional treatment to achieve their dream of having a large family.

Tees argued that the negligent surgery had directly prevented Alicia from conceiving naturally. We negotiated a £90,000 settlement, calculated to cover the estimated cost of IVF cycles necessary for the couple to have three more children.

The settlement provides Alicia and Lewis with financial support to continue their IVF journey and build the family they always dreamed of.

A path towards healing and hope

Following the resolution of her claim, Alicia expressed her gratitude, saying:

“I can’t thank you enough for everything. You have been so helpful and efficient throughout and I’m really pleased with the result. It does feel like a weight has been lifted now and hopefully, plenty more [children] to come.”

Katheryn Riggs, Associate Solicitor at Tees’ Bishop’s Stortford office, who worked on the case, commented:

“This was a challenging claim to value, but with the help of an expert in gynaecology and fertility, we carefully assessed the number of IVF cycles Alicia would need to have the best chance of conceiving three more children. I am delighted that we have been able to get answers and an apology for what went wrong, and that Alicia and Lewis can now move forward with their plans to grow their family.”

How Tees can help you

If you’ve experienced negligent medical care resulting in infertility or other reproductive health issues, our experienced medical negligence team can help you pursue a claim. We understand the devastating impact that medical negligence can have on your life, and we are committed to supporting you through the legal process.

Contact Tees today to speak with one of our compassionate medical negligence solicitors. We’ll listen to your story, provide expert advice, and help you secure the compensation you deserve.

Client names have been changed to protect their privacy.

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Understanding Premature Rupture of Membranes (PROM)

Risks Associated with PROM

Tees secured a life-changing settlement for the family of a boy born with Down’s syndrome, where doctors had negligently failed to detect Down’s syndrome during routine antenatal tests.

Negligence during antenatal screening

A promising future turned upside down

The importance of antenatal screening

Critical errors in screening interpretation

The devastating impact on the family

Tees’ commitment to justice

Securing a life-changing settlement

Words from our legal team

Support from wrongful birth claims solicitors

Tees secured a £200,000 settlement for Beatrice*, who endured life-altering injuries after the birth of her first child.

Background of the case

Symptoms and medical complications

Impact on Beatrice’s life

Legal representation and outcome

Financial security and future treatment

Client testimonial

Birth injury claims: Tears during delivery

Miles’ story: The impact of medical negligence

The birth story: A chain of failures

A family’s lifelong struggle

Birth injuries in babies are devastating and can have lifelong effects. Parents often seek answers and support when faced with such circumstances. This guide explores the causes of common birth injuries and provides insights into medical negligence claims.

Why choose our legal specialists?

Understanding birth injuries

Causes of birth injuries Due to medical negligence

Types of birth injuries

Brain injury at birth

Shoulder dystocia complications

Obstetric brachial plexus injury

Broken bones during delivery

Stillbirth and neonatal death

How we can help

Contact us

Understanding the possible risks, symptoms and causes of uterine rupture can help mothers make informed decisions about their care.

How to claim compensation for uterine rupture

Uterine rupture

What is uterine rupture?

What causes uterine rupture?

Uterine rupture following a previous caesarean section

Other potential causes of a uterine rupture

Risk of repeat uterine rupture

Signs and symptoms of uterine rupture

Early signs of uterine rupture during labour

Risk of uterine rupture after a previous Caesarean section

Uterine rupture terminology

Forceps are sometimes used to deliver a baby, usually if the mother becomes exhausted, the baby is distressed or is in an awkward position. Forceps are meant to expedite delivery, with minimal risk of trauma to mother and baby.

Problems after forceps delivery

Forceps delivery medical negligence claims

Risks of forceps delivery

When and why are forceps used?

Outlet forceps (e.g. Wrigley’s forceps)

Tees secured an admission of liability and a £15,000 settlement for Melissa, whose daughter Enid was born 13 weeks prematurely and sadly died soon after birth.