The Long-Term Cost of Birth Injuries

Birth injuries caused by medical negligence have a profound impact on mothers, babies, the NHS, and society as a whole. As specialist birth injury compensation solicitors, our focus is on securing the rehabilitation care, and financial compensation families need to move forward.

According to NHS Resolution, the body responsible for handling NHS claims, payments for clinical negligence in England rose by 9.5% in 2022/23 to almost £2.7 billion, with maternity negligence accounting for a significant proportion of this cost. These figures highlight the seriousness and prevalence of birth injury claims.

What Is a Birth Injury?

A birth injury is an injury sustained by a mother and/or baby beforeduringor shortly after labour and delivery. While most births result in excellent care, avoidable errors can cause life-changing harm.

Common Birth Injuries Affecting Mothers

Mothers may suffer a range of injuries, including:

  • Perineal trauma
  • Haemorrhage
  • Infection
  • Ruptured uterus
  • Prolapsed uterus
  • Pelvic fractures
  • Pre-eclampsia

Common Injuries Affecting Babies

Babies can also suffer serious injuries, such as:

  • Cerebral Palsy
  • Brachial plexus birth injury (including Erb’s palsy and shoulder dystocia)
  • Oxygen deprivation (hypoxia or anoxia)
  • Brain injury
  • Broken bones
  • Infection
  • Stillbirth

When injuries are caused by negligent maternity care, they can result in long-term physical, psychological, and financial consequences.

The Long-Term Effects of Brachial Plexus Birth Injury

One of the most common birth injuries in infants is brachial plexus birth injury. This occurs when the network of nerves controlling the shoulder, arm, and hand is stretched or damaged during delivery – often due to excessive force applied to the baby’s head and neck.

Shoulder Dystocia and Nerve Damage

Brachial plexus injuries frequently occur in cases of shoulder dystocia, where the baby’s shoulders become stuck behind the mother’s pelvic bone after the head has been delivered. Improper management of shoulder dystocia can significantly increase the risk of permanent injury.

Long-Term Outcomes

While many infants recover fully, research published in 2023 found that approximately 30% of children with brachial plexus birth injuries suffer permanent paralysis. Secondary complications may include:

  • Persistent weakness
  • Joint deformity or dislocation
  • Contractures
  • Altered limb growth
  • Chronic pain and reduced range of motion
  • Mental health difficulties
  • Spinal and joint degeneration

A specialist birth injury compensation solicitor will ensure that appropriate medical experts are instructed so the court can fully assess long-term prognosis and award accurate compensation.

The Long-Term Impact of Perineal Tears

For mothers, perineal tears are among the most common birth injuries and vary in severity.

Degrees of Perineal Tears

  • First degree tears: Affect only the skin, often heal quickly
  • Second degree tears: Involve perineal muscles and usually require stitches
  • Third degree tears: Extend into the anal sphincter and require surgical repair
  • Fourth degree tears: The most severe, extending into the rectum and potentially causing long-term complications such as faecal incontinence

Failure to correctly identify or repair third and fourth degree tears can have devastating consequences, affecting a woman’s physical health, sexual wellbeing, and mental health.

birth injury solicitor will investigate risk factors, failures in care, and the long term impact of the injury, supported by expert medical evidence.

Government Inquiry Into Birth Trauma

Birth injuries often coincide with birth trauma. On 9th January 2024, a new All-Party Parliamentary Group (APPG) was launched to investigate birth trauma in the UK.

Objectives of the Inquiry

The inquiry aims to:

  • Identify maternity care practices contributing to birth trauma
  • Highlight examples of good maternity care and post-birth support
  • Examine the impact of birth trauma on mental health, relationships, bonding, and future reproductive choices

Evidence is expected to be heard between February and March 2024, with findings published in April 2024.

Why Early Legal Advice Matters

Childbirth should be remembered as a joyful and safe experience. When a birth injury or traumatic birth occurs, families can face years of pain, uncertainty, and ongoing medical treatment.

If you or your baby have suffered a birth injury, it is vital to contact a birth injury solicitor as soon as possible. Around 80% of clinical negligence claims settle out of court, meaning most cases are resolved without the stress of a trial.

Early legal advice helps ensure:

  • Evidence is preserved
  • Time limits are met
  • Appropriate rehabilitation and interim payments are secured

Specialist Birth Injury Solicitors You Can Trust

Our team has decades of combined experience representing families in medical negligence and birth injury claims. We are compassionate, understanding, and committed to securing the support and compensation you need to move forward.

Free No-Obligation Consultation

If you believe medical negligence caused a birth injury, contact us today to discuss your situation. We offer a freeno obligation consultation and are available by phone or email to help you take the next step.

CONTACT US

Get in touch using the form below or via the following methods:

Ask NJS Law

For fast, friendly affordable legal advice. Contact a member of our team today.

FAQ

For any questions we may be able to answer, discover our FAQ section.