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05 Sep 2024

Clinical Negligence

Is A Birth Injury Preventable?

Some birth injuries happen as a result of medical negligence.

Welcoming your baby into the world is meant to be one of the happiest days of your life.

Although many births are free from complications, mistakes can occur that can injure the baby, the mother, or both.

In the UK alone, ‘30,000 women a year have suffered negative experiences during the delivery of their babies’, highlighting how prevalent the issue of medical negligence is.

While complications can occur during birth, some birth injuries are caused by negligent mistakes which could have otherwise been prevented.

So, is a birth injury preventable? The short answer is it depends, as each case is unique. 

That said, as many birth injuries can be prevented, if you suspect you or your baby has suffered medical negligence, it is recommended that you seek legal advice from a birth injury solicitor to find out whether a claim is possible.

Common Types Of Preventable Birth Injuries 

Although rare, medical professionals can cause preventable birth injuries.

Some common types of preventable birth injuries include:

  1. Cerebral palsy
  2. Nerve damage
  3. Birth asphyxia 
  4. Erb’s palsy
  5. Fractures
  6. Facial lacerations during C-Section
  7. Stillbirths

1. Cerebral Palsy

Cerebral palsy is a neurological condition that’s caused by a problem with the brain that develops before, during, or soon after birth.

The impacts of cerebral palsy can vary from person to person, from mild to debilitating.

Related complications of cerebral palsy can include:

  • Learning disabilities
  • Speech difficulties
  • Limited hearing or vision
  • Cognitive impairment

Sometimes, the cause of cerebral palsy is not known, but a mismanaged labour or delivery can contribute to a child’s diagnosis.

2. Nerve Damage

Another common type of birth injury that can be preventable is nerve damage.

Nerve damage can happen when the nerves are overstretched or, in extreme cases, torn or ripped.

Depending on which nerves are damaged, a baby may be born with a variety of weaknesses or even paralysis.

Different Types Of Nerve Damage

Facial Nerve Damage – This can happen when forceps compress the nerve, but it can also occur if the facial nerve is squeezed in the birth canal.

Laryngeal nerve damage – This type of nerve damage often occurs when an infant’s head is turned to the side during child birth. 

3. Birth Asphyxia 

Perinatal asphyxia happens ‘when a baby doesn’t get enough oxygen before, during, or right after birth’.

The severity of asphyxia depends on the duration as well as how it is treated. However, when it is severe, it can cause damage to the brain and organs, including the heart, lungs, and kidneys.

Although not all instances of birth asphyxia can be prevented, high quality medical care can treat many complications that occur at delivery that can result in birth asphyxia. 

If you suspect your baby has been harmed due to a medical mistake, you could make a claim.

Contact our experienced birth injury solicitors at Harding Evans today.

4. Erb’s Palsy

Medical professionals who use ‘too much force during delivery can cause preventable cases of Erb’s palsy’.

The brachial plexus is a group of nerves connecting the spine to the arm and hand. It is this group of nerves that controls arm movements and feelings.

Erb’s palsy is a nerve condition that occurs when damage to the brachial plexus causes a lack of sensation in the arm.

If the damage is severe enough, the arm may even be paralysed.

Erb’s palsy can often be avoided if appropriate medical care is provided. That said, the risk of Erb’s palsy is reduced with a caesarean section, although it can still occur.

5. Fractures

Improper use of forceps and other instruments can cause preventable fractures.

Preventable skull fractures occur when the baby is pushed too quickly through induction medications or is physically pulled through the birth canal with delivery tools.

Moreover, forceps and vacuum cups (ventouse) can also cause nerve trauma in the same area.

Where there is suspicion that medical negligence has occurred, it’s important to seek legal advice as soon as possible to discover the next steps.

6. Facial Lacerations During C-Section

Facial lacerations during c-sections are most commonly caused by the improper use of medical instruments during delivery, such as scalpels and other sharp instruments.

Although generally, lacerations are minor, in some circumstances, they can require stitches and even reconstructive surgery.

There are many factors that contribute to the risk of facial lacerations, such as an emergency C-section, inexperienced surgeons, and ruptured membranes before the C-section.

7. Stillbirth

Stillbirths are highly traumatising and, in some cases, can be the result of failures by healthcare professionals.

Some instances of this include:

  • Inadequate monitoring of the baby during labour.
  • Mistakes made while performing a C-section.
  • Failure to provide oxygen to a baby during birth.
  • Improper treatment of Pre-Eclampsia which has developed through pregnancy.

If you believe that your baby was stillborn due to medical negligence, a solicitor will be able to provide you with support and investigate your case.

8. Retained Products Of Conception

The term Retained Products of Conception (RPOC) refers to placental and/or fetal tissue that remains in the uterus after a pregnancy.

This can occur after a miscarriage, planned pregnancy termination or preterm/term delivery.

From fever to heavy bleeding and pelvic pain, there are numerous symptoms associated with Retained Products of Conception. If you’re experiencing these symptoms after a pregnancy, there could be a problem.

How Our Birth Injury Claims Solicitors Can Help

Although not all birth injuries are preventable, medical mistakes do occur, and you could claim compensation.

Birth injuries or complications can be a traumatic event for a family, but Harding Evans Solicitors are here to help.

If you or your baby was injured due to medical negligence during or after birth, you could be entitled to make a claim.

Get in touch with our team of specialist birth injury solicitors at hello@hevans.com today.

 

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