For most people, pregnancy and giving birth is one of the happiest times of their lives. However, if things go wrong, it can be a very traumatic time for parents. Birth injury claims involving children who suffer Cerebral Palsy and other neurological injuries during the course of labour, delivery and the neonatal period are probably the most tragic, emotional and distressful types of medical negligence litigation that regularly comes before the Courts.

During the birth process a baby may suffer a physical injury. This is called birth trauma or birth injury. A baby's size and position during labour and delivery can lead to a difficult birth and cause an injury to the baby. There are several types of birth injuries that can commonly occur as a result of complications during pregnancy, labour, or child birth. The types of birth injuries that can occur can be temporary or can result in extensive and long term damage.

Typical injuries that lead to a birth injury compensation claim are mostly related to the foetus not receiving sufficient oxygen during the delivery. This can be caused by the umbilical cord becoming trapped, the mother experiencing complications during the birth or improper handling of the baby once it is born. A reduction in the supply of oxygen to the brain may cause brain damage or lead to some other form of permanent disability.
The following are common birth injuries:

Brachial palsy – brachial palsy occurs when the brachial plexus (the group of nerves that supplies the arms and hands) is injured. It is common when there is difficulty delivering the baby’s shoulder, called shoulder dystocia. The baby loses the ability to flex and rotate the arm.

Fractures – fracture of the clavicle or collarbone is the most common fracture during labour and delivery. The clavicle may break when there is difficulty delivering the baby’s shoulder or during a breech delivery.

Caput succedaneum – caput is a severe swelling of the soft tissues of the baby’s scalp that develops as the baby travels though the birth canal.

Facial paralysis – during labour or birth, pressure on the baby’s face may cause the facial nerve to be injured. This may also occur with the use of forceps for delivery. The injury is often seen when the baby cries when there is no movement on the side of the face and the eye cannot close.

Hip dysplasia - a problem with formation of the hip joint. The location of the problem can be either the ball of the hip joint (femoral head), the socket of the hip joint (the acetabulum), or both.

Neonatal hypoglaecemia – an abnormally low level of blood glucose which can cause long-term brain damage

Cerebral Palsy – the development of ‘cerebral palsy’ is one of the most serious types of birth injuries that a child can develop. The term “Cerebral Palsy” is used to describe a medical condition that affects control of the muscles. Due to an injury to the brain, the sufferer is unable to use some of the muscles in their body in the normal way. There are different types of Cerebral Palsy; spastic quadriplegic or Hemiplegia Cerebral Palsy, Dyskinetic Cerebral Palsy, Hypotonic or Ataxic Cerebral Palsy.

Cerebral Palsy is caused by an injury to the brain before, during, or shortly after birth. Problems during birth such as the baby not getting enough oxygen, or a difficult delivery in which the baby's brain is injured may result in Cerebral Palsy. Some babies born with Cerebral Palsy do not show obvious signs right away. Classically, Cerebral Palsy becomes evident when the baby reaches the developmental stage at six and a half to nine months and is starting to mobilise, where preferential use of limbs, asymmetry or gross motor developmental delay is seen.

Many of the common types of birth injuries can be prevented when proper medical protocol is adhered to. Medical negligence can cause several types of birth injuries.

If a hospital is negligent in their handling of a birth which leads to a baby developing Cerebral Palsy or any of the other birth injuries listed above then an action for medical negligence may arise.

If you or a loved one have suffered a birth injury which you feel is due to medical negligence, please contact us to speak with one of our experienced solicitors who can evaluate your case to determine your legal rights and options.