A full guide to birth injury negligence | Types of birth injuries, making a claim and achieving compensation

A birth injury is a type of harm that occurs to the baby or mother during childbirth. These injuries can have a big impact on quality of life, and can sometimes get in the way of bonding between a mother and baby. If this happens to you, it can be hard to know whether your birth injury may have been due to negligence and if you can make a claim.

Here, we explain when a birth injury is caused by negligence, the different types of injuries to the mother and baby and how to make a claim.

When does a birth injury qualify as a negligence claim?

Many birth complications can arise that are not a result of negligence, such as planned caesarean sections, and carefully managed episiotomies.

However, if you or you or your baby have suffered an injury as a result of mistakes made by medical professionals or lack of adequate care during or after birth, you may be able to make a medical negligence claim. Even issues such as poor staffing levels, which lead to poor standards of care, are classed as negligence.

The most common examples of medical negligence during childbirth include the following:

1. A failure to recognise potential risks during pregnancy at the antenatal examinations and during labour.
2. A failure to complete an episiotomy or caesarean section at a suitable time.
3. A failure to provide the required treatment following a birth injury.

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

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. According to NICE (The National Institute for Health and Care Excellence), the prevalence of Cerebral Palsy is about 2 per 1000 live births. Although Cerebral Palsy can occur naturally when the brain of the baby does not develop properly, it can also arise as a result of medical mistakes during childbirth. The following are some examples of when cerebral palsy occurs due to negligence:

• Failure to deliver the baby early enough, either naturally or by Caesarean section, which can cause permanent brain damage.
• Failure to monitor the baby’s heartbeat to spot potential issues early enough.
• Slow response to the poor oxygen levels due to the umbilical cord being wrapped around the neck of the baby.
• Failure to assist with the maintenance of adequate blood sugar levels.
• Failure to treat an infection quickly enough that was passed from the mother to the baby.
• Too much pressure is applied to the baby’s head, leading to brain damage.

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. 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.

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).

Find out more about the types of injuries to the baby during childbirth here

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

The following are common types of negligence cases when there is an injury to the baby:

• Lack of screening or mistakes made during screening.
• Midwifery and Obstetrics negligence.
• Failure to identify and treat a maternal infection.
• Miscarriage, stillbirth and neonatal death negligence.

Have you been the victim of birth injury negligence? Contact us today for assistance.

What are some common types of injuries to the mother during childbirth?

There are a number of injuries that can develop during childbirth, with some being more severe than others. Some common types of injuries to the mother that can occur include:

• Vaginal tears.
• Broken bones.
• Urine rapture.
• Postpartum haemorrhage.
• Uterine inversion.
• Nerve injury.
• Pelvic organ prolapse.
• Untreated or unmanaged pre-eclampsia.
• Failure to remove all of the placenta (retained products of the placenta).

When are these injuries due to negligence?

If medical staff, including both doctors and nurses, did not follow standards of care or if the hospital in which your birth took place could not provide adequate standards of care, due to equipment or staffing issues, this may be classed as birth negligence. Medical negligence can be the cause of birth injury to mother if staff did not:

• Recognise potential risks of injury. This could include failing to conduct regular foetal examinations or keep track of the mother’s health during pregnancy or birth.
• Provide a cesarean section or episiotomy if required. In some cases, medical professionals may make wrong decisions regarding the right birthing procedure to take, which could lead to injury.
• Provide adequate treatment after suffering from a birth injury.
• If medical staff failed to provide treatment for an infection that later developed into a more serious issue, this is negligence.

Find out more about the different injuries to the mother during childbirth 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.

Read our full guide to making a birth injury negligence claim for more guidance on this process.

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.

Achieving compensation

If the evaluation proves that the birth injury was caused by birth injury negligence, you may be able to receive compensation for any damage that has been caused. You will need to work with a law firm or a medical negligence solicitor to go through the process of formally making a claim and receiving adequate compensation.

What is considered when claiming birth injury compensation?

The amount of compensation that you could receive from your claim will depend on your individual circumstances. Several considerations will be taken in relation to all cases before a final compensation amount can be agreed on, including the following:

• How severe is the damage/injury that has been caused?
• Has the damage/injury caused emotional or physical trauma to you or your child?
• Are there any associated travel/medical costs?
• Will the injury/damage be long-lasting, such as a brain injury?

For most claims, the more severe a birth injury case is, the more compensation will be paid out. Your compensation will be reviewed and judged to ensure fairness and an adequate resolution to the injury that you have experienced.

Read our full guide to birth injury compensation here.

Related content

Injuries to the mother during childbirth

Making a birth injury negligence claim

Types of birth injury negligence claims

Cerebral palsy negligence cases

What to expect from birth injury compensation