Birth Injury to Baby Claims Solicitors

All babies are at risk during delivery, whether this is performed naturally, using forceps or ventouse, or by caesarean section. If the birth is mishandled, or warning signs are not reacted to quickly enough, a newborn can develop lifelong disabilities, or even die.

Mistakes that may occur during delivery include:

• Failing to see or address signs of oxygen starvation
• Causing head injuries due to mismanagement of the birth
• Forceful or inappropriate pulling of the baby
• Failing to appropriately disimpact the baby's head during a caesarean section
• Incorrect or ineffective use of forceps or ventouse
• Failing to prevent or address an infection

These mistakes can cause a baby to suffer in both the short and long term:

• Oxygen starvation may lead to Cerebral Palsy and other lifelong disabilities
• Mishandling of shoulder dystocia can result in substantial nerve damage to a baby’s shoulder, leading to an Erb’s Palsy claim
• Forceful pulling or inappropriate use of instruments may cause fractures, spinal injuries and more

The immediate hours, days and weeks following birth can be a tense period for new parents in any circumstances, especially if the baby is born unwell or with worrying symptoms.

It is crucial that the paediatricians, obstetricians, midwives and other healthcare professionals responsible for looking after a newborn’s health act promptly and professionally if they notice any warning signs. Failing to monitor or address red flags can lead to serious, preventable consequences for the child and their loved ones.

Examples of negligence that can occur following birth include:

• Failure to carry out prompt, effective resuscitation of a baby born in poor condition
• Failure to anticipate the need for assistance for a baby, delaying medical treatment
• Failure to cool a baby to minimise the risk and damage of potential brain injuries
• Not minimising the risk of infection, or treating signs of infection in a newborn
• Not recognising or responding to signs of seizures or fits

Sometimes injuries sustained by a baby before, during or immediately following birth are unavoidable, even when the healthcare professionals on site did everything they could.

Sadly, this is not always the case. Inadequate monitoring, delayed treatment responses, misdiagnosing a medical situation, and overall substandard care can completely alter the direction of a newborn’s life, and the lives of their family. When this happens, it is crucial that those responsible are held accountable, and that those affected are fairly compensated.

Like all medical negligence claims, proving a birth injury was negligent is the responsibility of the claimant against the Balance of Probabilities, and rests on three key elements:

1. Did a healthcare professional breach their duty of care towards the baby or its mother?
2. Did the baby suffer harm?
3. Was this harm a direct result of the healthcare professional’s breach of duty?

As specialist birth injury claims solicitors, we will thoroughly assess all available evidence, including medical records and witness statements, to establish whether your child’s birth injury was a result of negligence.

We will also speak with relevant medical experts to determine whether the defendant’s action or inaction fell below the standard expected of them, and whether the child’s development has been affected as a result.

By examining all evidence and working closely with our network of paediatric neuroradiologists, paediatricians, obstetricians and other healthcare professionals, we take every step to investigate a claim and quantify the compensation a claimant is entitled to.

The law does not allow a person under 18 or a protected party (someone lacking the mental capacity to make certain decisions) to make a medical negligence claim. But, this does not make a baby’s or child’s claim any less legitimate.

In these circumstances, a ‘litigation friend’ will be assigned to act on the claimant’s behalf. A litigation friend can be anyone who will act in the claimant’s best interests, often a parent or close relative.

Another significant difference in child injury claims is how compensation is awarded. If the claimant is under 18 or a protected party, the court must approve the award of compensation, deciding how this should be invested and who can manage the fund.

For significant compensation awards, a Deputy is often appointed by the Court of Protection to protect and administer the funds on the claimant’s behalf. This will end when the child turns 18, if they are considered to be mentally capable of handling their compensation.

For more, please read our guide on how to make a birth injury claim on behalf of your child.

Unlike other medical negligence claims that can often settle in two to five years, an injury to babies claim may not reach this point until the child is at least eight or nine years old (although this may be younger or older depending on the circumstances).

Even if the defendant admits liability for the injuries sustained by the claimant early, it will take several years to properly determine what the ramifications a baby’s injuries have on their long-term development. You do not want to settle too early for a value that will not meet your child’s ongoing needs.

By monitoring and reviewing the child’s development for several years, impartial experts will be much better placed to inform us of what support they will need in the future.

Despite this wait, we would recommend starting a claim on your child’s behalf as soon as you suspect that they were injured by a medical mistake. While it may take years to achieve a settlement, you could receive interim payments.

These payments can provide much-needed financial support to meet the immediate needs of your child and your family, and help you figure out a care regime that works for you before the final settlement.