Rebecca Beesley
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Solicitor | Medical Negligence
What is a Birth Injury?
Having a baby is an exciting time but it is not always the blissful experience portrayed in film and on television. While the UK has one of the best maternity safety records in the world, complications can arise during pregnancy, labour, or delivery. In some cases, infants are born in serious conditions, requiring resuscitation, ventilation, and specialist care in the Neonatal Intensive Care Unit (NICU).
While some complications are unavoidable due to medical conditions or prematurity, others result from medical negligence. Errors made by doctors or midwives can contribute to serious hypoxic brain injuries, also known as asphyxia.
What Causes Hypoxic Brain Injury in Newborns?
Hypoxic Ischaemia, or asphyxia, occurs when a baby’s brain does not receive sufficient oxygen due to insufficient blood flow to the brain. Several factors can contribute to this condition, including:
- Pre-eclampsia,
- Placental abruption (when the placenta detaches from the womb),
- Problems with the placenta,
- Umbilical cord problems (e.g. compression or entanglement),
- Shoulder dystocia,
- Fetal distress,
- Uterine (womb) rupture.
After Birth:
- Sudden Unexpected Foetal Collapse (SUFC),
- Respiratory distress,
- Infections, such as meningitis,
- Hypoglycaemia (low blood sugar levels),
- Untreated jaundice,
- Undiagnosed heart anomalies or defects.
Hypoxic Ischaemic Encephalopathy (HIE)
Commonly, brain injured babies are diagnosed with Hypoxic Ischaemic Encephalopathy (HIE). There are several ‘grades’ of HIE, reflecting the severity of the injury suffered.
- Grade 1 (Mild)
- Grade 2 (Moderate)
- Grade 3 (Severe)
Often, babies with HIE undergo therapeutic cooling, a treatment that lowers body temperature to reduce potential damage and improve outcomes. Sadly, babies who suffer from HIE often experience developmental delays, learning difficulties, and, in severe cases, cerebral palsy or epilepsy. The full extent of the injury may not become apparent until later in childhood.
Common Medical Errors Leading to Infant Brain Injury
In our experience, certain errors frequently contribute to birth-related brain injuries, including:
- Failure to respond adequately to concerns regarding reduced foetal movements,
- Inadequate monitoring of foetal growth,
- Failure to properly track baby’s heart rate during labour and delivery,
- Delays in delivery, increasing the risk of oxygen deprivation,
- Allowing labour to continue or to proceed with vaginal delivery, despite specific indications that a Caesarean section would be safer and more appropriate for mum and baby,
- Failure to diagnose and treat gestational diabetes,
- Missed diagnosis or treatment of hypoglycaemia and jaundice,
- Failure to recognise and manage pre-eclampsia,
- Delays in diagnosing infections or meningitis,
- Failure to recognise and act upon signs of respiratory distress post-birth,
- Errors in neonatal resuscitation.
Should You Make a Birth Injury Claim?
Many parents worry about whether it is right to consult a solicitor or pursue a claim. We understand these concerns, especially when a child continues to receive NHS care.
However, medical negligence claims are not about punishing healthcare providers; rather, they are about recognising and acknowledging when treatment has gone wrong and ensuring that an injured child receives the financial support they need to meet their specific needs and access appropriate lifelong care.
Can Mothers Also Make a Claim?
Yes. The law allows mothers to claim for physical injuries or psychological trauma caused by negligent care during pregnancy, labour, or delivery. As such, there can be two separate injury claims for mother and baby arising from the same events.
Time Limits for Making a Birth Injury Claim
There are very strict time limits for bringing clinical negligence claims:
- For children: Claims must be issued before their 21st birthday.
- For adults: Claims must be issued within three (3) years from either:
- The date of the negligence, or
- The date they became aware of the injury caused by medical negligence.
- Extensions: In some cases, an extension to these time limits may be negotiated.
Birth injury claims are often complex and require thorough investigation, which can take several years. We strongly recommend seeking legal advice as early as possible to ensure the best possible outcome for your case.
How Phoenix Legal Can Help
If you believe that you or your child suffered an injury due to substandard care during pregnancy, labour, or delivery, our team of specialist medical negligence solicitors is here to help. We offer expert legal advice and support to families navigating these challenging situations.
Contact us today to discuss your case.
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