When Can A Birth Injury Problem Amount To Medical Negligence?

Although the birth of a child to a new family is usually a great time of celebration, unfortunately on occasions medical complications can cause this to be a time of pain and sorrow. So when does a birth injury to the mother or baby amount to medical negligence?

Thankfully most of the time a birth proceeds with no or few complications and both mother and baby go safely through the process and are soon back in their own home. However, as in any medical procedure, there can of course be complications. What are these complications and when can they amount to medical negligence? It is best to look at the most common complications and to separate these in relation to the mother and the baby of the child.

Medical Problems With The Mother
The most common forms of injury to the mother can include:

Vaginal tears
Episiotomy Complications
Caesarian Sections
Infections

Vaginal Tears

The extent of the tear can determine the severity of the injury sustained. The tears can range from first degree to fourth degree tears, with the more severe degree of tear more likely to lead to long term complications.

A vaginal tear can amount to medical negligence if the medical staff fail to identify the serious nature of the tear, or recognise it but fail to stitch it correctly.

Episiotomy Complications
Whereas a vaginal tear is not planned, an episiotomy is a deliberate cut made by the medical team during labour, usually when they believe that if they do not make one a natural tear could occur and cause long-term problems. A poorly performed Episiotomy can cause ongoing pain and even incontinence if it extends to the anus.

An episiotomy can lead to a medical negligence claim if it is carried out without being necessary, or if the cut was larger than it should have been.

Caesarian Sections
Caesarian sections can lead to various medical complications, including infections and a delayed C Section can result in serious illness to the mother or baby.

Complications With The Baby
Common medical negligence claims bought on behalf of a baby can include:
Cerebral Palsy Claims
Umbilical cord complications
Brachial Plexus Nerve Damage
Infant death

Cerebral Palsy/Umbilical Cord Problems
Cerebral Palsy can arise from the baby being deprived of oxygen. This can be caused by the baby spending too long in the birth canal, or from the umbilical cord wrapping itself around the baby.
Failure to diagnose or treat jaundice or a delay in the diagnosis of or treatment of serious injuries can also lead to Cerebral Palsy in the baby.

Brachial Plexus Nerve Damage
The Brachial Plexus is a network of nerves located at the top of the neck. During childbirth the network can be damaged by excessive pulling of the baby by forceps or vaccuum extraction leading to long-term nerve complications

What Action Can You Take?
If you or your baby may have suffered from any of these conditions during or after the birth, it is important to seek early legal advice. Find a solicitor that will offer you a completely free initial opinion on the potential medical negligence claim. If the claim is to be made on behalf of your baby, it may well qualify for legal aid. If it is for the mother, many solicitors can now offer "no win no fee" agreements to allow you to pursue the claim for compensation without needing to incur a large amount of legal fees.