§ GUIDE · WOMEN'S HEALTH

Her injury,
not only the baby's

Almost everything written about birth claims is about the child. These six judgments are about the woman: what happened to her body and mind in maternity and gynaecology care, from a swab result never passed on to an operation that should never have been done. Four succeeded, with awards from £68,742 to £271,901.

Judgments read

6

Claimant succeeded

4 of 6

Largest sum stated

£271,901

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§ BEFORE YOU GO FURTHER

For a claim about your own injury in maternity or gynae care, these need to be true

  • Something specific went wrong: a result not acted on, an infection not treated, retained tissue missed, an operation performed without good reason.
  • The failure caused a lasting physical or psychiatric injury, not only a difficult experience.
  • Earlier or different care would probably have avoided it.
  • It happened within the last three years, or you only recently found out.

The two losses here failed on the evidence of what a scan would have shown and what caused an infection. Records and expert opinion decide these claims, and psychiatric injury after a stillbirth is compensable in its own right.

§ 01

Results and infections not acted on

Rathore v Bedford: swabs after childbirth showed chlamydia, nobody told the patient or her GP, and a year later an ectopic pregnancy cost her a fallopian tube. Liability was admitted and damages assessed at £68,742. Hodgson v Hammond: GPs missed pelvic inflammatory disease until it became an abscess needing two operations and reducing fertility; the claim succeeded.

§ 02

The mother's own trauma

Zeromska-Smith v United Lincolnshire: a stillbirth at term after an induction was not managed as it should have been. The claim was the mother's own, for the psychiatric injury she suffered, and damages were assessed at £271,901. A mother's psychiatric injury from a mismanaged birth is a claim in its own right, separate from any claim for the child.

§ 03

Operations that should not have happened

Biggadike v El Farra: after a hysterectomy, pelvic floor repair and mesh removal by one consultant, a second performed a colposuspension without clinical justification and left the patient with severe bladder symptoms. Judgment for £195,888 against the second surgeon. Performing an operation that is not justified is a breach even if it is done well.

§ 04

Where these claims fail

Manzi v King's College Hospital: the claim depended on proving a substantial piece of placenta had been retained and missed on the postnatal scan, and the judge was not persuaded. Devonport v Gateshead: an abscess, narrowed ureter and lost kidney after a radical hysterectomy were alleged to come from a bowel injury at surgery; the judge preferred the hospital's explanation. Both turned on expert evidence about mechanism, not on whether the outcome was serious.

§ THE JUDGMENTS BEHIND THIS GUIDE

The six judgments behind this guide.

Every one a published decision of the courts of England and Wales, linked to its source.

Claimant succeeded£68,742

Rathore v Bedford Hospitals NHS Trust

[2017] EWHC 863 (QB)·2017·Damages assessed at trial

Swabs taken after childbirth showed chlamydia but neither the patient nor her GP was told, and it went untreated for about a year; she suffered repeated pain and an ectopic pregnancy requiring removal of a fallopian tube. The trust admitted breach; the court accepted the ectopic pregnancy and a period of pain disorder were caused by the negligence but rejected the claim that her later chronic widespread pain was.

Failing to pass on an abnormal test result is a clear breach, but the claimant still has to prove which later problems flowed from it. Long-term pain conditions are hard to attribute to a delayed diagnosis.

Claimant succeeded

Philipa Hodgson v Dr Daniel Hammond & Anor

[2025] EWHC 1261 (KB)·2025·Liability decided at trial

Ms Hodgson saw a locum GP who suspected pelvic inflammatory disease but did not examine her or arrange urgent follow-up, and a second GP reviewing her blood results by telephone did not refer her for examination. The delay in treatment led to an abscess, removal of a fallopian tube and chronic pelvic pain.

When a GP suspects a serious infection, the court expects an examination or urgent referral to rule it out, and a telephone review of test results does not replace that. Both GPs were held liable, with damages to be decided separately.

Claimant succeeded£271,901

Justyna Zeromska-Smith v United Lincolnshire Hospitals NHS Trust

[2019] EWHC 980 (QB)·2019·Damages assessed at trial

The baby died in the womb before induction and the mother had to labour for 18 hours to deliver her stillborn daughter; the Trust admitted negligence. Martin Spencer J found she had a genuine, continuing psychiatric illness and awarded £271,901 in total.

After a negligent stillbirth the main claim is usually the mother's psychiatric injury and its financial consequences, such as lost earnings and treatment. Awards can be substantial but the court scrutinises the recovery prognosis closely, and the parties' valuations here were very far apart.

Claimant succeeded£195,888

Biggadike v El Farra & Anor

[2024] EWHC 1688 (KB)·2024·Liability and damages decided at trial

The patient had a hysterectomy, pelvic floor repair and incontinence tape fitted by one consultant, then mesh removal and a colposuspension by a second consultant. The court cleared the first surgeon but found the second performed the colposuspension without clinical justification, leaving the patient with severe bladder symptoms.

Performing an operation that is not clinically justified is a breach of duty even if it is technically done well. Damages are limited to the harm caused by the negligent procedure, not the patient's pre-existing symptoms.

Claim failed

Manzi v King's College Hospital NHS Foundation Trust

[2016] EWHC 1101 (QB)·2016·Liability decided at trial

A mother alleged that a registrar negligently failed to spot on an ultrasound that a substantial piece of placenta had been left behind after birth, leading to infection and an emergency operation two weeks later. The parties agreed the claim depended on proving a substantial (about 7 cm) piece was retained, and the judge was not persuaded of that on the evidence.

Retained placenta claims often turn on what the scan would actually have shown; if the retained tissue was small, a missed scan finding may not be negligent. Agreed thresholds for success can decide a case.

Claim failed

Devonport v Gateshead Health NHS Foundation Trust

[2016] EWHC 1729 (QB)·2016·Liability decided at trial

After a radical hysterectomy for cervical cancer the patient developed an abscess and a narrowed ureter, and later lost a kidney; she alleged the bowel was perforated at surgery and that urologists should have been involved in a second operation. The judge preferred the hospital's explanation for the infection and found no negligence in either operation.

Ureteric and kidney damage after pelvic surgery is not automatically negligent; the court will examine the most likely mechanism. Expert evidence on the cause of infection is often decisive.

Browse the whole case library →

Contains information licensed under the Open Justice - Licence v2.0. Judgments from Find Case Law, The National Archives. Summaries are ours; amounts only where printed in the judgment.

§ QUESTIONS

Common questions

My baby was stillborn and I have not recovered. Can I claim for myself?

Yes. Zeromska-Smith was the mother's own claim for psychiatric injury after a mismanaged induction, and damages were assessed at £271,901. It depends on showing the stillbirth was caused by negligent care.

A swab or test after my birth showed an infection and I was never told.

Rathore is exactly that, and liability was admitted. The remaining question is what the untreated infection went on to cause.

I was told I had retained placenta weeks after the birth.

Manzi shows these claims turn on what the postnatal scan would have shown. If the retained tissue was small, a missed scan finding may not be negligent.

I had an operation I now think I never needed.

Biggadike succeeded on that basis: a colposuspension performed without clinical justification was a breach of duty even though it was technically done well. The clinic records showing why it was recommended are the evidence.

How long do I have?

Three years from the injury, or from when you first realised the care fell short. For psychiatric injury after a birth, the clock usually runs from the birth.

This guide is general information about the law in England and Wales, not legal advice about your case. ClaimGavel is run by Costart Projects Ltd on behalf of Tomlin & Partners, a specialist medical negligence firm regulated by the SRA. The free assessment on this page is an AI overview to show you roughly where you stand; a solicitor confirms the position in a free, no-obligation conversation.