Birth Injuries

Cerebral palsy is caused by brain damage before, during, or shortly after birth. Many cases aren’t caused by negligence and result from unavoidable complications. However, some cerebral palsy cases result from preventable oxygen deprivation during labour and delivery.

Negligent causes include failure to respond to foetal distress signs on CTG monitoring, delayed decision to perform emergency caesarean section, mismanaged labour with excessive delay, or failure to resuscitate newborns properly. Expert obstetric and neonatal evidence establishes whether cerebral palsy was preventable with appropriate care.

Erb’s palsy is nerve damage to the brachial plexus in the shoulder causing arm weakness, loss of movement, or complete paralysis. It’s caused by excessive traction on the baby’s neck during delivery, particularly when shoulder dystocia occurs and the baby’s shoulder becomes stuck.

Obstetric guidelines specify techniques for managing shoulder dystocia that minimise nerve damage risk. A claim may be possible where excessive force was used, appropriate protocols were not followed, or suitably experienced staff were not present at delivery.

Birth injury claims for children must be brought before their 21st birthday, giving them three years after reaching age 18. For adults who suffered birth injuries, the usual three-year limitation from date of knowledge applies, though this can be extended in certain circumstances.

Claims for mothers injured during childbirth must be brought within three years of the injury or knowledge of its negligent cause. We recommend investigating claims as early as possible while medical records and memories are fresh, even though children have until age 21 to claim.

Compensation for birth injuries depends on the severity of the injury, the level of care required, and the long-term impact on the child and family. Every case is assessed individually.

Compensation covers pain and suffering, all past and future care costs, therapy, equipment, accommodation adaptations, lost earnings, and other losses. We appoint care experts, occupational therapists, and accommodation specialists to quantify all future needs comprehensively ensuring sufficient compensation for lifetime requirements.

Birth injury claims require medical records from pregnancy, labour, delivery, and postnatal care. CTG traces showing foetal heart monitoring are crucial. We obtain expert obstetric evidence about whether care fell below acceptable standards and whether different management would have prevented injuries.

Paediatric neurology experts assess the child’s condition, prognosis, and care needs. Care experts quantify future costs. Causation is often complex, requiring detailed analysis of whether negligence caused or contributed to injuries. We coordinate all expert evidence ensuring comprehensive proof of liability and the amount of compensation.

Most birth injury claims settle before trial through negotiation once liability and the amount of compensation are established. However, these are complex claims and defendants, often NHS Trusts, will usually investigate them carefully and may dispute liability, causation, or the amount of compensation. Some cases require court proceedings to reach settlement or proceed to trial.

Court proceedings involve detailed expert evidence exchange, witness statements, and potentially multi-day trials before specialist judges. We handle all court procedures and represent you throughout. Complex birth injury claims can take several years to resolve, as it’s important to understand the full extent of the child’s needs before reaching a settlement.

Birth injury compensation should be assessed with all lifetime needs in mind. For severe disabilities, this includes 24-hour care, therapies, equipment, accommodation adaptations, transport costs, and loss of future earning capacity. Care experts prepare detailed lifetime care plans specifying all requirements.

We often negotiate periodical payment orders providing guaranteed annual income covering care costs adjusted for inflation, rather than lump sum payments. This ensures long-term financial security. Trusts and Court of Protection deputyship may be needed to manage compensation for children. We advise on appropriate arrangements protecting your child’s interests.