Birth injuries: Legal help for cerebral palsy and maternal trauma

Understanding birth injuries and their legal implications

Birth injuries can have a profound impact on families, affecting both the child and the mother. Whether it’s a case of cerebral palsy in a newborn or maternal trauma during delivery, these situations often involve significant emotional and financial strain. If medical negligence is to blame, seeking legal help for birth injuries can ensure justice and compensation for affected families.

What are birth injuries?

Birth injuries refer to physical harm sustained by a baby or mother during the process of labour and delivery. While some minor injuries are unavoidable, others result from improper medical care or negligence. Common examples include:

• Cerebral palsy: A neurological condition caused by oxygen deprivation or trauma during birth.
• Brachial plexus injuries: Damage to the nerves controlling the arm and hand, often due to improper use of delivery tools.
• Maternal trauma: Injuries to the mother, such as uterine rupture or severe tearing, which may occur due to delayed medical intervention.

Cerebral palsy: A result of birth injuries

Cerebral Palsy is one of the most common and serious consequences of birth injuries. This lifelong condition is typically caused by brain damage during labour, often linked to medical negligence such as:

• Failing to monitor foetal distress.
• Misusing delivery instruments like forceps or vacuum extractors.
• Delaying emergency C-sections when necessary.

Families affected by cerebral palsy often face long-term costs, including therapy, medical equipment, and home modifications. Pursuing a birth injury claim can help secure financial compensation to ease these challenges.

Maternal trauma: Recognising the impact on mothers

While much attention is given to injuries sustained by newborns, maternal trauma is equally significant. This can include physical injuries such as:

• Perineal tears requiring extensive surgical repair.
• Infections due to improperly performed procedures.
• Psychological trauma, such as post-traumatic stress disorder (PTSD), stemming from traumatic delivery experiences.

Maternal trauma often results from inadequate medical care during labour, such as failing to address complications or provide timely interventions. Compensation claims can help mothers access necessary treatments and support.

Proving medical negligence in birth injury cases

To successfully pursue a claim for birth injuries, it must be proven that medical negligence occurred. This involves demonstrating that healthcare providers failed to meet the expected standard of care, directly causing harm. Key steps include:

• Gathering evidence: Medical records, witness statements, and expert opinions are critical.
• Consulting a specialist solicitor: Working with experienced legal professionals ensures the best chance of success.
• Understanding time limits: In the UK, birth injury claims generally have a three-year time limit, starting from the date of the injury or when it was first recognised. For claims on behalf of children, the three-year time limit does not start to run until the child reaches the age of 18.

If you’re considering legal action, it’s essential to consult a solicitor specialising in Medical Negligence as soon as possible.

Compensation for birth injury claims

Compensation for birth injuries can cover a wide range of costs, including:

• Medical expenses for ongoing care and rehabilitation.
• Loss of earnings if parents need to stop working to provide care.
• Adaptations to the home or specialised equipment.
• Emotional distress caused by the injury.

Every case is unique, and the amount of compensation depends on the severity of the injury and its long-term impact.

Frequently Asked Questions About Birth Injuries

What is the difference between a birth defect and a birth injury?

A birth defect is a congenital condition present from birth, often due to genetic or environmental factors. A birth injury, on the other hand, results from trauma or negligence during delivery.

What support is available for families dealing with birth injuries?

Many organisations provide resources and support for families, including charities focused on cerebral palsy and maternal trauma. Legal claims can also help secure funds for necessary care and rehabilitation. For further information, you can visit the Action Cerebral Palsy website for valuable resources and support.

Why legal support matters in birth injury cases

Dealing with the aftermath of birth injuries can be overwhelming. Having the right legal support ensures that families are not only compensated but also empowered to focus on recovery. By holding negligent parties accountable, legal action can prevent similar tragedies in the future.

If you or a loved one has experienced a birth injury, reach out to experienced legal professionals to explore your options. For expert advice, visit our Medical Negligence Solicitors page.

Specialist and experienced support

Our Medical Negligence Solicitors are experienced in supporting those with birth injury negligence claims.

We very much appreciate the strength and courage it can take to revisit very personal and traumatic events and experiences, but we would like to reassure you we approach every conversation and case with the utmost sensitivity.

We want to work with you to achieve the best possible outcome for your claim. We understand you will want to know how we can assist, so we offer a free of charge no obligation first meeting or chat, which we follow up with a full letter of advice. If you are in any doubt as to whether you have a claim, please do contact us, again completely without obligation.

We are also able to discuss how you can cover the cost of a claim, including through a ‘no win no fee’ agreement.

 

This article was produced on the 4th March 2025 for information purposes only and should not be construed or relied upon as specific legal advice.