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5 Common Birth Injuries

 

By nature, birth injuries to babies are unexpected and it can be completely devastating for parents and the family. A birth injury is when a baby suffers injury before, during, or after birth. It can be upsetting and you may have feelings of anger and confusion over what has happened.

Some injuries are not foreseeable or may not have been preventable, however, some birth injuries may be due to the substandard level of care provided by medical professionals, such as the doctors or midwives. The injury may have been due to an issue that was overlooked during pregnancy or may have been due to a problem that was not correctly treated which may have led to a birth injury.

If your baby had suffered a birth injury and you are concerned about the care that you received during pregnancy or labour, then please get in touch with our birth injury solicitors. Our expert medical negligence solicitors are vastly experienced in helping parents seeking medical compensation as a result of birth injuries.

Many of our cases involve birth injuries as shown below:

Cerebral Palsy

Cerebral Palsy is characterised by the lack of motor skill development, muscle spasms, and weak muscles. In many cases, this condition can be caused by damage to the baby’s brain during birth. There could be various reasons for the damage occurring, such as improper birthing techniques, inadequate monitoring of the mother in labour, and/or inadequate monitoring of foetal distress during labour.

These situations may lead to cerebral palsy and whilst surgery can help the child, it is not a permanent cure. This condition could lead to other health issues, such as hearing and vision impairments, speech difficulties, and learning disabilities. To help manage the symptoms of cerebral palsy, long-term therapy may be needed.

 

Brachial Plexus

A brachial plexus injury (BPI) occurs when the nerves in the baby’s neck are damaged during delivery. These injuries may involve nerve damages from the upper spins to the neck, shoulder, arm, and hand. The most common type of brachial plexus injury is known as Erb’s Palsy, or Erb’s Duchenne palsy, and this usually affects the shoulder and the upper arm.

If a baby has a BPI, then it could result in either a temporary or permanent loss of sensation or movement in the arm. The nerve damage can occur if the nerves are compressed, stretched, or in severe cases, separated from the spinal cord. The more severe cases involving torn or ruptured nerves may fail to heal correctly.

 

Shoulder Dystocia

Although shoulder dystocia is a rare problem which could occur during the baby’s delivery, it can happen and it approximately affects about 1 in every 150 deliveries. This complication is when the baby’s head is born but one of its shoulders becomes stuck behind the mother’s pubic bone. It’s important to know that this is not a birth injury in its own right, but the risks that are associated with shoulder dystocia are serious. If this complication is not managed and handled correctly, then it could lead to birth injury of the baby.

Doctors and midwives are trained to recognise the signs of shoulder dystocia and will have the right measures to carry out a safe delivery. However, if an inadequate level of care was provided, then there could be serious consequences.

 

Broken Bones During Delivery

During the delivery stage, babies are at risk of broken or fractured bones due to a variety of reasons. These broken bones or bone fractures can be caused by excessive pulling or twisting of the baby during delivery, overly forceful use of forceps, or simply due to shoulder dystocia.

Fractures in the shoulder bone are the most common type and babies that have bone diseases are particularly at risk. With ultrasound, certain types of bone disease can be detected but it may not be possible in every case. It’s important to know that some bone fractures are unavoidable as giving birth can be physically demanding on the mother. The natural force of the mother’s contraction may sometimes be enough to cause a fracture; however, this is rare and the baby can make a full recovery with the right care and treatment.

 

Oxygen Deprivation

Oxygen deprivation could occur during the delivery of the baby which could lead to brain injuries. As a result of these brain injuries, it can cause cerebral palsy or chronic seizures. If the doctor does not properly monitor the baby during birth or after, or the baby remains in the birth canal for too long, then brain injuries may occur.

There are two main types of oxygen deprivation; anoxia and hypoxia. Anoxia is when a baby is completely deprived of oxygen which means that the baby’s brain could sustain an injury. Even just a few minutes without oxygen could have a lifelong impact. Hypoxia is when there is a reduced flow of oxygen to the baby’s brain. The restricted flow of oxygen to the brain could also cause lifelong effects.

 

Although some birth injuries may not have been preventable, there are babies who should have been born healthy but have been injured due to an inadequate level of care. Parents want to ensure that their baby has a good quality of life and we can help parents through this situation. Our medical negligence solicitors are committed to finding an explanation of what happened and we can help parents to seek settlement to help alleviate the financial pressures associated with caring for a child who has sustained a birth injury.

 

Contact BTTJ Medical Negligence for Birth Injury Claims

We understand how upsetting it can be to talk about what has happened and how overwhelming the consequences of medical negligence are. At BTTJ Medical Negligence, we have a team of legal professionals and medical negligence specialists who are exceptionally experienced at handling these types of cases. All advice and information are treated with total confidentiality, compassion, and care.

If you have suffered from birth injury negligence and you would like to discuss a birth injury claim, then please get in touch with us to see how we can help.

You can call us on 0800 032 2474 or you can send us an email here.

During such an emotional time for parents, you expect the highest standard of care for both mother and child. Most cases are positive and successful, however, when doctors and midwives fail in providing their duty to a reasonable standard, mistakes can happen. In the worst cases, this could result in them causing injury to the mother, child, or both. These tragic incidents will often lead to legal proceedings against the hospital, doctor, and the staff.

If your child has been injured during birth, then you could be entitled to compensation.

Who Can Make a Claim for Birth Injury?

As a parent, you could claim compensation for any birth injury that was a result of medical negligence. If your baby had been injured by mistakes in labour or delivery, then it’s important that you seek legal advice as soon as possible. Although some injuries can be minor and relatively easy to recover from, some injuries may be life-changing for the child. You may be entitled to make a claim if your child has been injured due to the negligence or mistakes by medical staff, whether it’s before, during, or after giving birth.

Our experienced medical negligence solicitors have helped families with a wide range of cases including birth injury claims. Many of our cases involve:

  • Cerebral palsy
  • Erb’s palsy
  • Bell’s palsy
  • Shoulder dystocia
  • Still birth
  • Birth trauma
  • Poor delivery technique
  • Ventouse or forceps injuries
  • Negligent management of high-risk births
  • Failure to perform a timely Caesarean section

These situations are often life-changing for the child and parents. In cases of birth injury, seeking legal advice can be the best course of action.

 

How Long Do I Have To Make A Claim?

As with many other types of claims, there is a time limit for claiming compensation. For birth injury claims, you can claim on behalf of your child at any time before their eighteenth birthday. After they turn eighteen, they have three years to bring the claim.

If you are claiming for a child who has passed away as a result of birth injury, then you have three years to make a claim from the date of their death.

 

Contact BTTJ Medical Negligence for Birth Negligence Claims

We understand how upsetting it can be to talk about what has happened and how overwhelming the consequences of birth injury are. At BTTJ, we have a team of legal professionals and medical negligence specialists who are exceptionally experienced at handling these types of cases. All advice and information are treated with total confidentiality, compassion and care.

If you or your child has suffered due to medical negligence and you would like to discuss birth injury claims, then please get in touch with us to see how we can help.

You can call us on 0800 032 2474 or you can send us an email here.

Each Baby Counts, an initiative led by the Royal College of Obstetricians and Gynaecologists, have recently published their second annual report  looking at the number of babies who die or are left severely disabled as a result of incidents occurring during term labour.

The report findings are based on the analysis of data from 2016 and key points include:

  • Of nearly 700,000 term babies born in the UK in 2016 the total number of babies that fulfilled the “Each Babies Counts” criteria was 1123. Of these there were 11% stillbirths, 13% early neonatal deaths and 765 severe brain injuries.
  • Of the 955 babies where the review had sufficient information to draw conclusions about the quality of care, the Each Baby Counts reviewers concluded that 674 babies, equating to 71%, might have had a different outcome with different care.
  • The main themes identified where improvements could have been made were failure by health professionals to identify or act upon relevant risk factors, issues related to monitoring of fetal wellbeing with CTG and blood sampling, and education or training issues.

 

More details on the findings and recommendations can be found by clicking here.

 

 

NHS Resolution, which was formerly NHS Litigation Authority, has published research on the motivation of patients making a compensation claim when something has gone wrong with their healthcare.

The research, which was conducted in partnership with The Behavioural Insights Team (BIT), surveyed 728 patients who had made a claim and looked at the incident that had occurred, how the patient felt it had been handled, how any subsequent complaint had been handled and the factors that led to the patient making a claim for compensation.  BIT also did an in-depth telephone interview with 20 past claimants.

The findings show that, in general, the research participants were not satisfied with the reactions of NHS staff following an incident or how their complaint was handled within the NHS.

It found that:

  • 63% of patients who responded felt that they did not receive an explanation for why the incident occurred.
  • Only 31% said they felt they had received an apology.
  • 71% of the people responding did not think that their healthcare provided undertook any actions to investigate the incident in the first instance.
  • Only 6% of respondents felt that actions were taken that would prevent the same incident happening again.
  • The majority rated the response to their complaint as ‘poor or very poor’ in terms of accuracy, empathy, speed of the response and level of detail.

 

It also found that both internal and external factors motivated patients to make a claim.  Personal motivations included:

  • Wanting to prevent similar things happening to others.
  • Wanting to receive an apology or an explanation for the incident, or to trigger a detailed investigation of the incident.
  • Wanting the clinicians involved to be held to account.
  • Emotional responses (e.g. frustration and anger) brought about by poor incident or complaint handling.
  • Financial compensation.

External motivations included:

  • Suggestions from NHS staff that making a claim would be appropriate
  • Advertising
  • Conversations with friends, family and wider social network

 

Helen Vernon, who is Chief Executive at NHS Resolution, said “This research confirms that claims for compensation can sometimes be made in the search of answers, which could have been provided when the incident occurred. Being open with patients when they suffer avoidable harm and taking tangible steps to learn from what happened are essential. We would like to thank the patients who spared the time to contribute to this valuable research, which will help us to build on our work with the NHS to improve the response when things go wrong.”

 

Full details of the research conducted can be found on the NHS Resolution website.

The Legal 500 has recognised Brindley Twist Tafft & James and recommended our Clinical Negligence department.

Seen as the leading guide to law firms and solicitors across the UK, the Legal 500 is an independent directory.

 

The 2018 results, which were recently published, recommends BTTJ’s clinical negligence department with the results reflecting the work the department covers relating to cerebral palsy, brain damage, gynaecology and orthopaedics.  Tom Barnes, Partner, and Richard Stanford, Solicitor from the Clinical Negligence department both received a special mention.  The publication recognises that Tom Barnes is ‘highly experienced‘, ‘has  a great case load‘ and ‘is popular with clients‘ and that Richard Stanford is ‘excellent‘, ‘clever‘, ‘hard working‘ and ‘canny‘.

Also recognised from Brindley Twist Tafft & James was our Corporate and Commercial department.  Samantha Wright, who is the Senior Partner at BTTJ, was recommended for her work in this field along with John Chadaway, Partner and Public Notary.

More information on the Legal 500 rankings can be found on the following links:

bttj.info/2JHjWnG

bttj.info/2JIYdvG 

 

Birth injuries are very complex and demanding cases that require the specialist knowledge of experienced solicitors to ensure you are rightly compensated.

Our solicitors have successfully settled many birth injury claims.

During birth there can be injury to the mother, the baby or both. Some of these birth injuries are unavoidable, but there are a number of cases where injuries are caused by medical negligence.

Birth injuries to the mother can have devastating and life-long consequences.

Mothers are entitled to seek compensation for birth injuries they have suffered. As a mother, the injuries you can claim for include; incorrect suturing (stitching) subsequent to a Caesarean section, failure to manage pre-eclampsia or other infections, perineal tears which if not treated properly can lead to longstanding problems; retained products of conception, in the event of a miscarriage there is the risk of tissue remaining in the uterus which can lead to bleeding and infection; nervous shock following a traumatic birth.

Mothers are also entitled to seek compensation for the psychological affects of a traumatic delivery.  Mothers who struggle with psychological birth injuries suffer understandable stress and are more likely to endure depression and  post-traumatic stress disorder (PTSD).

We have successfully concluded many birth injury negligence cases and are experts in the field.

We will ensure that you receive adequate compensation for your pain and suffering as a result of your birth injury.

 

 

 

Figures in the annual report of NHS Resolution, which handles litigation against the Health Service, show that parents made 232 claims against maternity units after newborns suffered cerebral palsy or brain damage in 2016/17.  This is a 23% rise from the 188 reported a year earlier.

 

Peter Walsh who is the chief executive of the charity Action against Medical Accidents has commented that ‘More research needs to be done to understand what is leading the increase, but moving away from the cult-like fixation with so-called ‘normal birth’ is a step in the right direction’

‘It is likely that this and also staffing issues has led to delays in intervention to protect babies and their mothers.’
‘No mother should be made to feel abnormal because an intervention is needed, and patient safety should always be the first concern.’

You can read the full story as reported in the Daily Mail here