Understanding Birth Injuries
Birth injuries can be a traumatic experience for families, causing both physical and emotional harm to the mother and the baby. It is essential to understand the different types of birth injuries, their causes, and the impact they can have on a family’s life. Birth injuries can be categorized into two main types: physical injuries and neurological injuries.
Physical injuries can include fractures, bruises, and cuts, which may occur during the birth process. Neurological injuries, on the other hand, can include conditions such as cerebral palsy, Erb’s palsy, and hypoxic-ischaemic encephalopathy (HIE). These injuries can result from complications during labor and delivery, such as oxygen deprivation or trauma to the baby’s head or body.
Understanding the causes of birth injuries is crucial in determining whether medical negligence was involved. Factors such as improper use of medical instruments, failure to monitor fetal distress, and delayed delivery can all contribute to birth injuries. By identifying the cause, families can take the necessary steps to seek justice and compensation for the harm caused.
What is a Birth Injury Claim?
Childbirth may not always go according to the birth plan. Unfortunately, complications can occur before, during, and after the birth. These are not always due to medical negligence. In some cases, birth injuries cannot be avoided despite the best efforts and competency of the medical professionals involved in your care.*
However, if you are a mother and harm has been caused to you and/or your baby that could reasonably have been avoided were it not for substandard medical care, you may be entitled to make a medical negligence claim for medical negligence.
Birth Injury Vs. Birth Defect
A birth injury differs from a birth defect. A birth defect is also called a congenital disorder, i.e. a condition or illness that develops while the infant is still in the womb. Birth defects may result in physical, intellectual, or developmental disabilities. These disabilities can range from mild to severe. Birth defects and birth injuries can sometimes result in the same disabilities.
Medical complications can arise from birth injuries, such as neonatal encephalopathy and hypoxic ischemic encephalopathy, which can have severe long-term effects on the child’s quality of life.
A mother and/or her baby can suffer injury during pregnancy, labour and delivery, and in the neonatal period. Birth injuries can result in temporary or permanent damage.
The following are some common birth injury claims that can occur during antenatal care, labour, delivery, and post-natal care:
Antenatal Care
- Failure to provide regular check-ups and tests
- Failure to recognise potential risks of injury during antennal examinations
- Missed symptoms or misinterpreted test results during check-ups
- Failure to refer you to a consultant if your test results were unusual/abnormal
- Poorly managed gestational diabetes
- Injury to the baby due to antenatal problems such as pre-eclampsia
- Injury to the baby due to placental abruption that is not properly managed
The medical team plays a crucial role in providing proper antenatal care and preventing birth injuries through timely monitoring and interventions.
Labour
- Injury to the baby due to uterine rupture that is not properly managed
- Failure of medical personnel to deal competently with an abnormal CGT trace that shows the baby’s heart rate and mother’s contractions
- Misuse of medication used to induce or accelerate labour
- Failure to treat Group B Streptococcus infection
- Injuries arising due to prolonged labour
If medical negligence is suspected during labor, it is crucial to consult a birth injury solicitor to assess medical records and advise on the legal limitations for filing a claim.
Delivery
- Failure to provide a caesarean section or episiotomy in suitable situations
- Unnecessary caesarean section
- Epidural injuries
- A poorly repaired episiotomy
- Missed third- and fourth-degree perinatal tears
- Internal organ damage during a caesarean section, e.g. bowel or bladder
- Shoulder dystocia
- Erb’s Palsy/brachial plexus (nerve damage to signals sent from spinal cord to your shoulder, arm, and hand)
- Hip dysplasia
- Cerebral Palsy
- Birth Asphyxia (new-born baby does not receive enough oxygen)
- Post-traumatic stress disorder
- Stillbirth
- Wrongful death of the mother
- Problems caused to the baby following attempted instrumental delivery by forceps or vacuum.
It is crucial to consult experienced birth injury solicitors for legal assistance in these cases to navigate the complexities and secure compensation for affected families.
Postnatal Care
- Undiagnosed/untreated hypoglycaemia in the new-born baby
- Untreated jaundice in the newborn baby
- Incompetently managed ventilation of a sick newborn baby
Pursuing medical negligence claims is crucial for families affected by birth injuries, as it provides a pathway to seek justice and compensation for the harm caused.
Medical Negligence and Birth Injuries
Medical negligence is a significant contributor to birth injuries. Medical professionals have a duty of care to provide adequate medical attention to mothers and babies during the birthing process. When this duty of care is not met, it can result in serious birth injuries.
Medical negligence can occur at various stages, including pregnancy, labor, and post-delivery. Common examples include mismanagement of labor, failure to monitor fetal distress, delayed delivery, and failure to perform a cesarean section when necessary. These lapses in care can lead to conditions such as cerebral palsy, Erb’s palsy, and other severe birth injuries.
If you suspect that medical negligence was involved in your birth injury, it is essential to consult with a medical negligence solicitor. They can help you understand your rights and guide you through the process of making a claim, ensuring that you receive the compensation you deserve.
How Long Do You Have to Make a Birth Injury Claim?
As a mother who has been injured as a result of a birth injury, you have only two years from the time of the alleged medical negligence to make a claim. Therefore, it is important to obtain independent legal advice without delay and contact one of our medical negligence solicitors at HOMS Assist.
If who wish to make a claim as a parent, acting as a “next friend” on behalf of your child who has been injured, you can make a claim any time before their 18th birthday. Once your child turns 18, if a claim has not been made on their behalf, they must make a claim before their 20th birthday. However, we recommend you seek legal advice sooner rather than later, if you wish to investigate a claim. Again, our team of medical negligence solicitors at HOMS Assist can help.
If you wish to make a claim for a child who has passed away as a result of a birth injury, you have two years from the date of death to make a claim. Our medical negligence solicitors at HOMS Assist can advise you on whether you can make a legal claim.
What Steps Are Involved in Making a Birth Injury Claim?
- Consult with a medical negligence solicitor to investigate your claim. We have a dedicated team here at HOMS Assist.
- Once you instruct a medical negligence solicitor at HOMS Assist, we will obtain copies of all the relevant medical records.
- We will then engage an appropriate medical expert, usually from the United Kingdom, to furnish a written opinion as to whether the medical care provided to you and/or your baby fell below an acceptable reasonable standard, resulting in a breach of duty of care.
- We will also obtain a written opinion from the same medical expert, or from another appropriate expert to confirm that there is a causal connection between the breach of duty and the injury you or your baby sustained.
- If the independent medical expert(s) conclude(s) that medical negligence has occurred, your medical negligence solicitor will draft a Letter of Claim outlining the nature of your case and inviting the responsible medical practitioner(s)/hospital to settle your case. It is usually necessary to initiate court proceedings, given the tight timelines involved in bringing a medical negligence case. What happens next depends on the response to the Letter of Claim.
It is natural to have concerns about the process. However, we at HOMS Assist will be there to guide you through every step of the way.
The Litigation Process
The litigation process for birth injury claims can be complex and time-consuming, but understanding the steps involved can help you navigate it more effectively. The first step is to gather all relevant medical records, including obstetric and neonatal records, medical history, and birth injury diagnosis. These records are crucial in establishing the facts of the case.
Next, an independent medical expert will review these records to determine whether medical negligence was involved. This expert will provide a written opinion on whether the care provided fell below an acceptable standard and if there is a causal connection between the breach of duty and the injury sustained.
If medical negligence is established, a claim can be filed with the relevant authorities. This involves drafting a Letter of Claim outlining the nature of the case and inviting the responsible medical practitioner(s) or hospital to settle. Negotiations with the defendant or their insurance company will then begin, and if necessary, court proceedings may be initiated to ensure a fair resolution.
Birth Injury Compensation
Birth injury compensation can provide crucial financial support to families affected by medical negligence. Compensation can cover a range of expenses, including past and future medical costs, loss of earnings, and future earning capacity. For children with birth injuries, specialist equipment and home modifications may be necessary to facilitate their mobility and everyday functioning.
The costs of these modifications, as well as ongoing care and therapy needs, can be included in the compensation claim. This financial support can make a significant difference in the quality of life for both the child and their family, helping them to manage the long-term impact of the birth injury.
Consulting with a medical negligence solicitor is essential to determine the amount of compensation you may be entitled to. They can guide you through the process and ensure that all relevant factors are considered in your claim.
Finding the Right Solicitor
Finding the right solicitor is crucial in pursuing a birth injury claim. A medical negligence solicitor with experience in handling birth injury cases can provide expert guidance and representation. When selecting a solicitor, it is essential to consider their experience, expertise, and reputation.
You should also consider their approach to handling birth injury claims and their ability to communicate effectively with you throughout the litigation process. A good solicitor will be able to explain the litigation process, gather evidence, and negotiate with the defendant or their insurance company on your behalf.
Choosing the right solicitor can make a significant difference in the outcome of your birth injury claim, ensuring that you receive the compensation and justice you deserve.
