Birth Injury Claims: Injuries to Mothers & Newborn Injury Claims

The birth of your child should be an amazing experience, but here at Grieves, we understand that sometimes things can go drastically wrong. Injuries sustained during childbirth can have devastating, life-long effects on a family, affecting their physical, psychological and financial well-being.

Although some injuries are unavoidable, others are the direct result of medical negligence. It is your health professional’s responsibility to ensure you and your child receive the best possible care during birth. If pregnancy or labour complications were missed or the care you received was inadequate, the midwife or doctor responsible for overseeing your birth could be held legally accountable for the injuries you sustained during birth.

If you feel you or a loved one has suffered as a result of birth injuries caused by negligence, contact our compassionate team of expert staff now.

We will use our years of experience handling medical negligence cases to examine your case thoroughly and do all we can to help you and your family secure the compensation you deserve.

Types of birth injury

There are many types of birth injury, some of which can result in life-changing illnesses or conditions. Some examples of birth injuries that can affect a mother or her child are:

• Cerebral palsy
• Erb’s palsy
• Injury to the mother (vagina tears and episiotomy)

Cerebral palsy

Cerebral palsy is an incurable condition that affects a person’s ability to co-ordinate his or her limbs. In severe cases, cerebral palsy can also result in mental disabilities. The condition is the result of damage sustained to the brain during pregnancy or birth.

Cerebral palsy is often the result of unavoidable problems encountered during pregnancy or childbirth, such as placental abruption; however, in some cases, a child’s development of cerebral palsy can be attributed to medical negligence during his or her birth. Avoidable negligence that could cause a child to have cerebral palsy include:

• Delays delivering the child (for example, mismanagement of the three stages of labour and failure to recognise the need for or organise a caesarean section)
• Incorrect interpretation of CTG traces
• Allowing high-risk women to give birth vaginally instead of by caesarean section

Erb’s palsy

Erb’s palsy is a form of birth injury characterised by nerve damage in a child’s arm; depending on the severity of the damage, the condition can result in complete paralysis of the affected arm.

The condition is typically caused by a midwife or doctor exerting excessive pressure on a child’s body during delivery, usually in an attempt to free a baby whose shoulders have become stuck in the birth canal.

When a baby’s shoulders become stuck, the baby’s chest and umbilical cord are compressed, preventing the child from breathing; doctors and midwives have to act fast to reduce the risk of oxygen starvation and brain damage.