Heartbreaking Reality: The Ongoing Crisis of Birth Injuries

Stark Statistics

Every day, 13 babies die before, during, or shortly after birth in this country, according to the 2009 “Saving Babies’ Lives” report. This tragic figure has not improved much today, with half of all stillbirths occurring without any apparent reason, often in low-risk pregnancies.

Parents’ Concerns

Many grieving parents believe not enough was done to save their babies’ lives. They often lack confidence in the care received leading up to their child’s death, feeling that opportunities to prevent the tragedy were missed.

Midwife Shortage

A critical shortage of midwives means many women in labour do not get the individualised care they need. This leads to hurried observations and potential misinterpretations, causing failures to notice labour complications requiring urgent delivery and obstetrician intervention.

Delay in Emergency Response

Obstetricians sometimes fail to attend promptly in emergencies, causing delays that can result in severe injuries or even death for both baby and mother. This delay is often a decisive factor in tragic outcomes.

Types of Birth Injuries

• Cerebral Palsy: Oxygen deprivation during delivery can cause varying degrees of brain damage, leading to lifelong disability and high care costs.
• Erb’s Palsy: Incorrect delivery techniques can damage the brachial plexus nerves, causing paralysis or weakness in the baby’s arm.
• Hypoglycaemia: Failure to treat this condition shortly after birth can result in severe cognitive deficits and epilepsy.

Proving Negligence

To succeed in a compensation claim for birth injuries, it must be shown that negligence occurred during or before the birth. This can include delays in delivery, improper use of forceps, failure to monitor foetal distress, and delayed or incorrect responses to complications.

Postnatal Care Failures

Negligence can extend to postnatal care, such as failing to recognise red flag symptoms, improperly suturing perineal tears, or not diagnosing and treating postpartum haemorrhages correctly. Psychological injuries, such as postnatal depression or puerperal psychosis, also require diligent attention and care.

Legal Recourse

If a baby or mother suffers injury or death due to negligence, it’s crucial to act within the legal timeframes to pursue a claim.

For mothers, this is typically within three years from the date of negligence or the date they became aware of it.

For children, the limitation period starts when they reach adulthood unless they lack mental capacity due to severe brain injury.

Get Expert Help

If you or your baby has suffered due to potential negligence during childbirth, contact Nicholson Jones Sutton Solicitors for a free consultation. We are committed to helping you navigate this challenging time and seek the compensation you deserve.

If you would like to discuss an issue, please get in touch to arrange a free no obligation consultation. We’re available by email or phone.