Pregnancy & Birth Injury Claims In England & Wales – Seeking Compensation For Negligence

Bringing a child into the world should be a joyous occasion, but unfortunately, instances of negligence during pregnancy and childbirth can lead to serious injuries to both mother and baby. In the UK, individuals have the right to seek compensation for injuries caused by medical negligence during pregnancy and childbirth. Understanding the types of pregnancy and birth injury claims is crucial for those who have experienced such circumstances.

Different types of pregnancy and birth injuries

Birth trauma

Birth trauma refers to physical injuries sustained by the baby during labour and delivery. This can include bone and skull fractures, nerve damage, and soft tissue injuries. Injuries often occur due to improper use of delivery instruments such as forceps or vacuum extractors, or failure to respond to fetal distress during labour.

Cerebral palsy

Cerebral palsy is a group of permanent movement disorders that appear in early childhood. It is often caused by damage to the developing brain during pregnancy, birth, or shortly after birth. Medical negligence during childbirth, such as failure to monitor fetal distress or delays in performing a necessary caesarean section, can contribute to cerebral palsy.

Erb’s palsy (brachial plexus injury)

Erb’s palsy, also known as brachial plexus injury, occurs when the nerves in a baby’s upper arm are damaged during birth. This injury can result from excessive force applied during delivery, particularly when the baby’s shoulder becomes stuck behind the mother’s pubic bone (shoulder dystocia).

Hypoxic-ischemic encephalopathy (HIE)

HIE occurs when the brain is deprived of oxygen and blood flow during childbirth. This can lead to permanent brain damage or even death. It can also cause significant damage to other organs including the liver and kidneys. Babies who experience such damage are usually left with long-term debilitating injuries.  Factors contributing to HIE may include umbilical cord complications, placental abruption, or failure to respond to signs of fetal distress.

Miscarriage, still birth, and neonatal deaths

Resulting from inadequate antenatal monitoring of the baby’s development.

Maternal injuries

Negligence during pregnancy and childbirth can also lead to injuries to the mother. This may include perineal tears or episiotomies that cause significant damage or that do not heal properly, complications from cesarean sections, or failure to diagnose and treat maternal health conditions such as preeclampsia or gestational diabetes.

Retained products of conception (RPOC)

Where part of the placenta is left after delivery. This is a common occurrence but a significant one and must be managed quickly to avoid the mother experiencing a life-threatening haemorrhage.

Seeking compensation for negligence

In England and Wales, individuals who have suffered injuries due to medical negligence during pregnancy and childbirth have the right to pursue compensation through legal action. To establish a successful claim, there are a number of legal tests that must be overcome. It is very important for individuals considering a pregnancy or birth injury claim to seek legal advice from experienced solicitors specialising in medical negligence cases to ensure the claim is properly and fully investigated with relevant medical evidence and to ensure adequate and fair compensation is achieved.

Conclusion

Pregnancy and childbirth should be moments of celebration and hope, but when negligence occurs, it can lead to devastating consequences for both mother and baby. Understanding the types of pregnancy and birth injuries caused by negligence is essential so that individuals can seek justice and compensation. By seeking legal guidance and pursuing claims against negligent healthcare providers, victims can hold responsible parties accountable and obtain the support they need to move forward with their lives.