Birth Injury & Neonatal Negligence Claims UK

Types of Birth Injuries

Cerebral palsy: Often caused by oxygen deprivation (hypoxia) during labour. Failure to monitor the baby's heart rate (CTG misinterpretation), failure to perform a timely emergency caesarean, or mismanagement of cord complications can result in brain damage. Cerebral palsy claims are complex but can result in substantial compensation to fund lifetime care.

Erb's palsy: Damage to the brachial plexus nerves during delivery, usually caused by excessive traction on the baby's head or shoulders. Often occurs during shoulder dystocia (where the baby's shoulder becomes stuck behind the mother's pubic bone). Can result in weakness or paralysis of the affected arm.

Hypoxic-ischaemic encephalopathy (HIE): Brain damage caused by reduced blood flow and oxygen to the baby's brain during labour or delivery. Severity ranges from mild (full recovery expected) to severe (permanent brain damage, disability, or death). Early cooling therapy can reduce the extent of damage if administered within 6 hours of birth.

Other birth injuries: Forceps delivery injuries (facial nerve damage, skull fractures), vacuum extraction injuries (cephalhaematoma, intracranial haemorrhage), meconium aspiration (failure to manage meconium stained liquor), kernicterus (brain damage from untreated severe jaundice), neonatal sepsis (failure to recognise and treat infection), and neonatal hypoglycaemia (failure to monitor and treat low blood sugar).

Common Failures in Labour and Delivery

CTG misinterpretation: the cardiotocograph monitors the baby's heart rate during labour. Failure to recognise an abnormal trace, or failure to act on it promptly, is one of the most common causes of birth injury claims. Delayed caesarean section: when the CTG shows the baby is in distress, a timely emergency caesarean can prevent brain damage. Delays caused by staffing, theatre availability, or failure to escalate can be negligent.

Shoulder dystocia management: this emergency requires specific manoeuvres. Excessive pulling on the baby's head, rather than following the correct protocol, can cause Erb's palsy. Neonatal death and stillbirth: failure to monitor fetal wellbeing, failure to induce labour when indicated, and failure to recognise signs of fetal compromise can all contribute to preventable deaths. NICU negligence: errors in neonatal intensive care including medication dosing, infection control, and monitoring failures.

Compensation for Birth Injuries

Birth injury compensation covers the child's pain and suffering, the cost of lifetime care (carers, therapists, adapted equipment), adapted housing and transport, loss of future earnings, educational support, and the family's costs (travel, time off work, psychological therapy). For severe cases like cerebral palsy, settlements can reach several million pounds to ensure the child is properly cared for throughout their life.

For stillbirth and neonatal death: families can claim a bereavement award (£15,120), funeral costs, and compensation for the psychological impact on the parents. Traumatic birth claims for the mother include physical injury compensation and claims for PTSD, depression, and anxiety resulting from the experience.

Common Questions