Making a birth injury negligence claim | Steps to take and what to expect

Welcoming a new baby into your family is a joyous occasion; however, if the mother or baby suffers an injury during pregnancy or labour, this can be a very stressful and even traumatic time. If you or your baby were unfortunate enough to suffer from a birth injury due to medical negligence, there could be many impacts on your quality of life and even the ability to bond with your baby.

While many difficulties can occur naturally, medical errors or inadequate care can happen. If you are looking to confirm whether an injury to the mother or child arose as a result of medical negligence and whether you are eligible to make a compensation claim, this guide will help. Here, we take you through the various examples of clinical negligence when it comes to birth injuries and provide an overview of what you can expect from a medical negligence solicitor.

What are the different types of birth injuries to the mother or child during childbirth?

It is the responsibility of medical staff to care for the mother and baby; however, poor judgments and negligence can have devastating results. Though injuries are not always caused by negligence - there are many medical outcomes that may arise as a result of poor decisions and negligence. The following are common injuries sustained by mothers that can sometimes be caused by negligence:

1. Vaginal tears - Otherwise known as perineal tears, these can range from minor tears to severe third- and fourth-degree tears.
2. Broken bones - There are situations where delivering a baby can lead to broken pelvic bones, including the small ilia bones, the tailbone, hip bones, and pubic bones. A poorly managed delivery can lead to breakages that would otherwise be avoided.
3. Uterine rupture - This rare and life-threatening conditioning can kill or seriously injure both the mum and baby, and the early signs should be recognised with continuous foetal monitoring.
4. Post-partum haemorrhage - Although some blood loss after birth is natural in the six weeks following childbirth, some women experience dangerously heavy bleeding. Medical professionals are trained to recognise the signs so that steps can be implemented to reduce the chances or prevent haemorrhaging completely.
5. Uterine inversion - This complication occurs when the placenta fails to detach properly during delivery; this then turns the uterus partially or fully inside out. If it is not noticed, the mother can haemorrhage, which can result in potentially fatal blood loss.
6. Nerve injury - Nerves within the perineal area can become damaged naturally during childbirth; however, quick medical treatment can prevent a painful condition known as pudendal neuralgia.
7. Pelvic organ prolapse - When the pelvic muscles are weakened, this should be picked up by medical professionals quickly. If damage is not treated, the organs within the pelvis can drop downwards and cause ongoing issues with the bowel and bladder.

Have you sustained a birth injury that may have been caused by negligence?Contact us for advice here.

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

It is not only mothers who experience birth injuries as a result of negligence. Unfortunately, babies can also be injured during childbirth, sometimes as a result of negligence. The following are some examples of common injuries which babies sustain:

1. Broken bones – Sadly, fractures can occur during difficult births, with breaks to the skull, legs, shoulder, arms, and collarbone the most common.
2. Internal bleeding - Alongside obvious cuts and scars, babies can also suffer from internal bleeding, which can be very serious if left undiagnosed.
3. Epidural injuries - There are increased risks associated with the use of anaesthesia, and foetal distress can be undiagnosed, which can lead to permanent disabilities.
4. Brain damage - This includes conditions such as Cerebral Palsy and bleeds on the brain due to excessive force during delivery.
5. Lacerations - These can occur during a caesarean section, which usually happens as a result of using incorrect birthing tools such as scalpels and forceps.

If you believe that you or your child were injured due to medical malpractice or negligent care, a birth injury solicitor will be able to help.

Find out more about when an injury to the baby may have been caused by negligence here.

Could you make a medical negligence claim?

Although the majority of childbirths go as planned with minimal complications, doctors and midwives should be able to respond swiftly to complications or medical issues. There are birth injuries that can arise which are not a result of negligence - which can include shoulder dystocia, planned caesarean sections, and carefully managed episiotomies.

However, if a mother or baby has 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 birth include the following:

1. A failure to recognise potential risks during pregnancy at the antenatal examinations.
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.

There are also many other common examples of medical negligence during pregnancy, labour, and post-birth, including:

1. A poorly managed delivery - This covers everything from induction issues and improper use of forceps to poorly completed episiotomies and issues due to the use of vacuum extractors.
2. Mismanaged or misdiagnosis of pre-eclampsia - This can cause the mother to suffer from very high blood pressure, which increases the risk of fits, stroke, HELLP syndrome, and even multiple organ failure.
3. A lack of screening or poor screening for medical issues - During pregnancy, the mother and baby should be screened for conditions such as Spina Bifida, Down Syndrome, brain defects, heart defects and other abnormalities.
4. Poor antenatal checks - These should be completed during pregnancy to monitor the baby's growth and development. If appointments are not completed regularly, or signs of issues are missed, this can be classed as negligence.
5. Poorly managed complications during pregnancy - There are many complications that can be very dangerous to both the mother and the baby, including infections such as sepsis and Urinary Tract Infections.
6. Failure to remove retained products of conception - Any placental or foetal tissue should be removed completely from the uterus to prevent infection and further complications.
7. Injuries sustained after the birth - The mother can suffer everything from perineal tears through to damage to organs caused by caesarean sections.
8. Failure to treat infection – If staff fail to recognise signs of an infection or treat it quickly, it could then spread to the baby or cause devastating health issues for the mother.

Find out more about types of birth injury negligence claims here.

How to make a medical negligence claim for a birth injury

We have successfully assisted many families whose lives have been impacted by medical negligence, and we can help you to find the compensation you need for financial losses and the ongoing support required.

Following our initial fact-finding meeting, we will have an in-depth understanding of what went wrong during your child's birth and the impact this had on both you and your baby. We will then inform the healthcare provider that an investigation is underway, and we will request to see the medical records relating to your care.

Once we have the details of your medical treatments and examinations, we will seek the expert opinion of an independent medical professional. This will allow us to make a decision on whether injuries were preventable and whether you are in a position to make a birth injury negligence claim. The compensation amount you will receive will depend on the severity of the birth injury to you and/or your child; however, the Wake Smith team will ensure you receive justice.

Will I have to go to court?

Wherever possible, we aim to negotiate your compensation claim outside of court, so you may not have to attend a court hearing if other avenues are successful. At Wake Smith we also encourage the Defendant to engage with us through Mediation, rather than go to Court.

Here at Wake Smith, our team is here to help with your birth 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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