Birth Injuries and Negligence: Understanding Your Baby’s Rights

The arrival of a baby is meant to be a joyous occasion, but sometimes, complications during childbirth can lead to serious injuries. While not all birth injuries are avoidable, there are instances where mistakes or negligence during labour and delivery may result in harm to the baby or mother.

This blog will explore what constitutes birth injuries caused by negligence, common examples, and how to identify if you might have a claim. By understanding your rights, you can take steps to seek justice and secure the support your family needs.

What Are Birth Injuries Caused by Negligence?

Birth injuries occur when a baby suffers harm during the labour and delivery process. While many complications are unforeseeable, negligence arises when healthcare professionals fail to meet the required standard of care. This can include:

• Failing to monitor the baby’s oxygen levels during labour.

• Delaying a necessary C-section despite signs of foetal distress.

• Using delivery tools, like forceps or a vacuum extractor, incorrectly.

• Misdiagnosing or failing to treat maternal conditions, such as gestational diabetes or pre-eclampsia.

  
  

Key Question: Did the healthcare provider’s actions (or lack thereof) directly lead to the injury?

Common Examples of Negligence Leading to Birth Injuries

Birth injuries vary widely in severity. Below are some examples where negligence may be a factor:

1. Cerebral Palsy

   • Often caused by a lack of oxygen to the baby’s brain during labour.

   • Negligence could involve failing to act quickly when foetal distress is detected.

     
     

2. Brachial Plexus Injuries (Erb’s Palsy)

   • This nerve damage may occur when the baby’s shoulder becomes stuck (shoulder dystocia) and excessive force is used.

     
     

3. Fractures or Broken Bones

   • May result from improper use of delivery tools or undue force during delivery.

     
     

4. Maternal Injuries

   • Negligence can also lead to serious harm to the mother, such as excessive bleeding or infections due to surgical errors.

     
     

How to Know If Negligence Played a Role

It can be difficult to know if a birth injury was caused by negligence or if it was an unavoidable complication. Start by considering these questions:

• Were you or your baby monitored appropriately during labour?

• Did the healthcare team respond quickly to signs of distress?

• Were any mistakes made during the delivery process?

  
  

If you’re unsure, obtaining your medical records and seeking expert advice can help clarify what happened.

Need Help with a Birth Injury Claim?

If your baby or a loved one has suffered a birth injury and you believe negligence may be involved, you don’t have to navigate this alone. Use the form below to share your concerns and experiences. Our team will help you understand your rights and guide you through the next steps.

Taking action can help secure the support your family needs to move forward. Contact us today to discuss your situation and find out how we can assist you.