Injuries to the baby during childbirth | Types of injuries and when negligence may be to blame

A birth injury is a type of harm that occurs to the baby during birth. Common birth injuries can include oxygen deprivation and pressure to the baby’s head. If your baby sustained an injury during childbirth, it can be hard to know what to do and whether you have an eligible birth negligence case.

Here, we discuss the types of injuries to the baby during childbirth, when this may be due to negligence, and how to make a birth injury claim.

What are the different types of birth injuries to the baby during childbirth?

Some common types of birth injuries to the baby during childbirth include:

• Cerebral palsy (CP) - Cerebral palsy is one of the most common consequences of a birth injury, and can be caused by complications such as birth asphyxia, birth trauma, and infection. Read our guide to cerebral palsy birth negligence cases here.
• Clavicle or collarbone fractures- This is common in babies whose deliveries involved shoulder dystocia. Healing usually occurs quickly, but it may be necessary to limit the baby’s movement.
• Brachial plexus palsy – This is a group of nerves that control arm and hand movement. It most often arises after a vaginal delivery with shoulder dystocia, caused by the baby being stuck in the birth canal. The likelihood of complete recovery depends on the severity of the birth injury.
• Internal bleeding – Unfortunately, babies can sometimes suffer from internal bleeding during childbirth. This can be very serious if left undiagnosed.
• Facial nerve palsy/paralysis - Facial nerve palsy/paralysis may result from temporary nerve bruising. Surgery can be required to fix it if it was caused by a nerve tear.
• Head trauma (bruising or lacerations) - Head trauma can occur through passing through the birth canal and forceful contractions. Sometimes, birth-assisting tools may cause head trauma.
• Hypoxic-ischemic encephalopathy (HIE) - This is a type of brain injury caused by birth asphyxia (oxygen deprivation around the time of birth).
• Other types of brain damage, such as to the basal ganglia or cerebral cortex - Seizure disorders are often caused by birth injuries such as HIE, birth trauma, or infection.
• Epidural injuries - There are increased risks associated with the use of anaesthesia, and foetal distress can be undiagnosed, which can lead to permanent disabilities.
• Lacerations - Lacerations are often a result of using incorrect birthing tools such as scalpels and forceps.

What are common signs that a baby sustained a birth injury?

The baby may be unresponsive at birth and require resuscitation and oxygen. Often, consequences of birth injuries are not apparent at birth, and a child’s birth injury may become noticeable later on in childhood, where parents often notice signs of behavioural issues or developmental problems. Signs of birth injury during childhood can include:

• Learning difficulties.
• Behavioural problems.
• Speech-language disorders.
• Motor impairments and poor coordination.
• Sensory processing disorders.
• Difficulty eating or swallowing.
• Vision and hearing impairments.
• Seizure disorders.

Signs of a birth injury immediately after delivery can include the baby’s skin appearing pale or blue, or if there are odd movements in the baby’s face, arms, or legs. You may also notice the baby feeling stiff or floppy, or the baby may have a slow heart rate. In some cases, abrasions, bruises, or swelling may be evident on the baby’s shoulder, head, or face.

Do you suspect your child may have sustained a birth injury?Contact us here to find out how we can help.

When is a birth injury to the baby caused by negligence?

A birth injury to the baby may have been caused by negligence if you suspect the following:

Lack of screening or mistakes made during screening

Babies can be screened for conditions such as Down Syndrome, Spina Bifida, heart or brain defects, and other developmental abnormalities, providing parents with the option to terminate their pregnancy. Screening can also determine any health conditions that may increase the risk of a birth injury.

Midwifery and Obstetrics negligence

This can include improper use of forceps or vacuum extractors during delivery and incorrect suturing. This type of negligence can also include failure to complete an episiotomy or a caesarean section at a suitable time.

Failure to identify and treat a maternal infection

Some untreated infections and illnesses can be extremely dangerous to unborn babies and may lead to a birth injury such as cerebral palsy. Mothers can contract maternal sepsis (also known as blood poisoning or septicemia) which can be caused by an infection such as pneumonia or influenza. Find out more about sepsis negligence cases here.

Miscarriage, stillbirth and neonatal death negligence

Inadequate neonatal monitoring of a baby’s development through regular appointments is required during a pregnancy. If medical treatment is administered without checking for pregnancy, miscarriages can occur or ectopic pregnancies can be misdiagnosed.

Find out more about the different types of birth injury negligence cases here.

Making a birth injury negligence claim

We assist many families whose lives have been impacted by medical negligence that led to a preventable birth injury. If you suspect your baby sustained an injury due to medical negligence, you may have a liable claim. Our team can help you to find the compensation you need for financial losses and the ongoing support required.

Initially, your birth injury solicitor will establish whether you are eligible for legal aid, which we can help you to secure. Alternatively, we can often offer our services through a common 'no win, no fee' arrangement. This allows your family to pursue legal action without having to provide any funds upfront. If we win your case and you receive birth injury compensation, you will then pay an agreed percentage for our services.

Here at Wake Smith, our team are here to help with your childbirth injury claim with expert legal services relating to medical and clinical negligence. To find out more, please contact our team today.

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