Infant Birth Injury Cases

Pregnancy and childbirth are usually associated with joy and happiness, when things go wrong due to a medical error the consequences for both the mother and child can be devastating.
Infant birth injuries arise where the baby is injured physically during the pregnancy or birth process. These injuries are often life-changing and are very difficult to manage.

Some examples of the more common types of infant birth trauma complications:

Brachial palsy

This involves damage to the nerves in the baby’s arms and hands. It often arises following shoulder dystocia, where the baby’s shoulder gets caught above the mother’s pubic bone. If the nerve is torn it can result in permanent damage.

Fractures

A fracture of the collarbone is the most common fracture during childbirth. It often arises following shoulder dystocia, where the baby’s shoulder gets caught above the mother’s pubic bone or during a breech delivery.

Perinatal asphyxia

This occurs when there is an inadequate supply of oxygen to the baby during childbirth process. This can happen because the blood flow to the baby is restricted or because the blood does not have enough oxygen. A common consequence of this type of birth injury is cerebral palsy.

Cerebral palsy is a neurological condition caused by a lack of oxygen to the brain and it results in impaired motor skills, muscle tone and movement.

Neonatal / Perinatal stroke

Neonatal strokes are more common than most people realise. In fact, the riskiest time for a stroke during a lifetime is in the first week of life.

Ischaemic strokes are caused by maternal preeclampsia, premature rupture of membranes, diabetes, infections, drug abuse and placenta problems. There is also a link between the use of the vacuum and / or forceps with arterial dissection. They can cause a tear in the arterial wall which causes a constriction or occlusion.

Haemorrhagic strokes are caused by a head injury, poor connection between the blood vessels in the brain and / or an aneurysm and blood clotting diseases.

Subgaleal Haemorrhage

This is bleeding directly under the scalp. Blood in this area can spread and cause blood loss and shock and a transfusion may be required. It can arise due to the use of forceps or a vacuum extractor.

Chorioamnionitis

This is a bacterial infection which occurs before or during labour. If left untreated it can have serious consequences for the mother and the baby. Infants can develop neonatal sepsis which requires immediate emergency treatment.

Legal Claims

Where the birth process results in the baby being injured it is sometimes possible to bring a claim in relation to the injuries suffered by the baby.

The focus of the legal investigation will be to ascertain whether there was anything that could have been done which would have allowed the baby to avoid suffering a birth trauma injury.

For example:

  • Should the mother’s infection have been diagnosed earlier? Would an earlier diagnosis have resulted in earlier treatment?
  • Should the baby’s likely large size have triggered an elective caesarean section? Would that have meant that the shoulder dystocia emergency would have been avoided?
  • Should the mother’s high blood pressure readings have alerted her treating practitioner that she had developed preeclampsia? Should the birth have been brought forward and would the baby have avoided developing seizures?
  • Were the forceps or the vacuum extractor placed in the correct position on the baby’s head? Did the poor placement lead to a perinatal stroke?
  • Were there earlier signs that the baby was becoming distressed? Would an emergency caesarean have avoided the perinatal asphyxia?

Where it can be proved that a failure on the part of the hospital and / or the obstetrician caused or contributed to injuries suffered by the baby it may be possible to make a claim for compensation for the injuries suffered.

What can be claimed?

Financial compensation can be claimed for: pain and suffering, past and future treatment expenses, past and future wage losses, past and future domestic assistance. It may also be possible to claim for any losses associated with the psychiatric injuries of the parents that have occurred as a result of the injuries to the baby together with legal costs and disbursements.

Time limits

There are time limits which apply to personal injury claims. You should seek legal advice promptly if you have suffered injuries in relation to a infant birth trauma to ensure that you can access all the compensation which you are entitled to claim.

Legal Costs

At Remedy Law Group we work on a no win no fees basis, which means that you will only be required to pay our legal costs if we achieve a successful outcome for you and our first consultation is always free.

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