Whilst the NHS strives to provide the highest standard of care, sometimes in challenging circumstances, instances of medical negligence during childbirth, including delays in delivering the baby, can have life changing consequences, for both the baby and the whole family. Delays during childbirth can result in very significant injuries, including conditions like cerebral palsy.
Cerebral palsy is a group of lifelong conditions that affect muscle tone, movement and coordination, caused by damage to the brain before, during, or shortly after birth. The brain damage that leads to cerebral palsy can also affect other areas of development such as sight, hearing, learning and cognitive ability and speech. While many cases of cerebral palsy occur due to unavoidable complications, a significant number are linked to errors in medical care.
What are the links between delivery delays and Cerebral Palsy
Delays in the delivery process can lead to a baby being deprived of oxygen (hypoxia) or experiencing a reduced blood supply to the brain. This oxygen deprivation can cause irreversible brain damage, a primary cause of cerebral palsy. Several scenarios during labour and delivery could lead to such delays and potential negligence:
Failure to recognize and respond to foetal distress
Appropriate monitoring of the baby’s heart rate during labour is crucial. A failure to identify and act upon signs of foetal distress, such as an abnormal heart rate, can lead to prolonged oxygen deprivation. For example, if a cardiotocograph (CTG) trace shows concerning patterns, prompt intervention, which may include an expedited delivery via Caesarean section, is necessary. Delays in recognising and acting on these signs can be considered negligent.
Delayed Caesarean section
In situations where a vaginal delivery poses a risk to the mother or baby, a timely Caesarean section is vital. Unwarranted delays in performing a C-section when indicated by foetal distress, when the baby is known to be unusually large and/or with abnormal presentation (e.g., breech), or prolonged labour can result in the baby suffering brain damage due to oxygen shortage.
Improper management of complications
Birth complications such as shoulder dystocia (where the baby’s shoulder gets stuck during delivery) or umbilical cord issues require swift and appropriate management. Delays or incorrect techniques in resolving these complications can lead to a lack of oxygen to the baby’s brain.
Inadequate monitoring of labour progression
Failure to adequately monitor the progress of labour and respond to deviations from the norm can lead to prolonged and difficult deliveries, increasing the risk of foetal distress and subsequent brain injury.
Failure to expedite delivery when certain maternal complications present
Some maternal conditions, such as pre-eclampsia/eclampsia or certain infections, can have a negative impact on the health of the baby, which require careful monitoring and a willingness to quickly intervene and deliver if the baby’s wellbeing is compromised.
How we help families whose child has suffered a birth injury
When cerebral palsy is suspected to be a result of medical negligence, including delivery delays, families have the right to pursue a claim for compensation. These claims are typically brought against the NHS Trust responsible for the hospital where the birth took place.
To establish medical negligence, it must be proven that:
- A duty of care was owed: Medical professionals have a duty to provide a reasonable standard of care to both the mother and the baby.
- There was a breach of that duty: The care provided fell below the accepted standard, for example, there was a delay in delivering the baby that no reasonably competent medical professional would have allowed to occur in similar circumstances.
- The breach caused the injury: The delivery delay directly led to the baby’s brain damage and subsequent cerebral palsy.
What can a medical negligence claim achieve?
Successful claims for cerebral palsy due to medical negligence can result in substantial compensation awards. These awards aim to cover the high costs associated with raising a child with cerebral palsy. Some of the things a claim aims to provide money for include:
- the cost of specialised care and therapies (e.g., physiotherapy, occupational therapy, speech therapy) to enable the child to develop their skills as much as possible to live to promote independence, interact and integrate with others and to have as full and active life as they can;
- assistive technology and equipment to enable them to become as independent as possible in the future and to maximise their opportunities and experiences;
- adaptations to the family home to accommodate the child’s disabilities but also enable the family to have enough space for family time and for the therapies to take place;
- the cost of lifelong specialist care so the family can rest assured that their child will be looked after for life, especially when they are no longer able to provide the high levels of care often required;
- the cost of specialist education if the local school or state provision is unable to fully meet the needs of their child, to ensure that they maximise and achieve their potential;
- Court of Protection costs so that there is always professional oversight and protection of their child’s compensation, to prevent misuse of the money and ensure that their financial security is guaranteed;
- everyday living costs for your child in adulthood. Many of the clients we help will struggle to work in full-time paid employment in later life, so a claim will be included for lost earnings and pension income
In addition a claim will try to compensate for the pain, suffering and loss of function that your child has suffered as a result of their brain injury, although these particular sums are notoriously low under UK law.
The importance of getting the right legal advice
Families who suspect that delivery delays or other medical errors may have contributed to their child’s cerebral palsy are strongly advised to seek legal advice from solicitors specialising in medical negligence and especially birth injury claims. Even though many solicitors work in the medical negligence field, it is important to find someone that is both an expert in birth injury claims, and someone with whom the family feels comfortable. The process of making a claim can in many cases take a very long time.
The first step is for your solicitor to investigate what happened, what should have happened and the difference that any delays in delivery, or other errors, have made to the outcome. This all requires input from independent medical experts. Allegations are then put to the hospital, who in turn carry out their own investigation before deciding whether or not they are going to accept responsibility for your child’s cerebral palsy.
Even once liability for what has happened to your child has been accepted, time needs to pass to allow your child to grow up enough so their full needs can be assessed and the right amount of compensation agreed to meet them. During this time an expert solicitor will help secure interim payments, which are payments made to the family before the case settles to meet urgent needs, including therapies, help with schooling, care and even in some cases, significant home adaptations.
Moving forward
While financial compensation cannot undo the challenges of raising a child with cerebral palsy, it can provide crucial financial support to ensure your child receives the necessary care, therapies, and resources to maximize their quality of life and independence. Furthermore, pursuing such claims can contribute to raising awareness within the NHS and promote improvements in maternity care to prevent similar incidents from occurring in the future.
For families facing this difficult situation, understanding their rights and seeking expert legal guidance is the first step towards securing the support their child needs and holding negligent parties accountable.
How can we help?
At Enable Law we have helped hundreds of families get the right support in place for their child following a birth injury. To have a free, confidential discussion about the ways we may be able to help you call Kym Provan or a team member on 0800 044 8488 or fill in our contact form so we can call you back at a time convenient to you.
