What is a birth injury?
During the birthing process, a baby or the mother may suffer a physical injury. This is called birth trauma or birth injury and may be due to the mismanagement of the delivery or the failure to cope with a medical emergency adequately. While these injuries can result from several causes, many are due to preventable errors and/or medical negligence by obstetric doctors or midwives. Not all birth injuries in Ireland are apparent immediately after birth. Some will not manifest for months or years after your child has been born and can be caused by genetic or teratogenic factors (smoking while pregnant, excessive drinking, diabetes, etc).
Birth injury claim types
Although cerebral palsy is the most prevalent birth injury claim, there are numerous other sorts of birth injuries, such as various degrees of brain damage, scarring, or damage suffered during assisted delivery (e.g., forceps).
Birth injuries during pregnancy
- Maternal diabetes or gestation diabetes
- Pre-eclampsia
- Uterine rupture and placental abruption
- Wrongful birth cases
Birth injuries during labour
- Cerebral Palsy Claim
- Subgaleal Hematoma
- Brachial Plexus & Erb’s Palsy Claim
- Congenital Hip Dysplasia Claim
- Obstetric/ Gynaecological Claim
- Vaginal Perineal Tears Claim
- Meconium Aspiration Syndrome Claim
Birth injuries due to medical negligence
1. Injury to the baby
When discussing birth injuries caused by medical negligence, it is important to determine if the injury to the baby resulted from the negligence of a third party. Such injuries can have long-lasting medical complications for the newborn, impacting their quality of life. Some common types of birth injuries caused by medical negligence include:
- Brain damage: This can occur due to perinatal asphyxia, where the newborn does not receive enough oxygen during the birth process. Brain damage can lead to conditions such as cerebral palsy, seizures, and developmental delays.
- Hip dysplasia: Improper handling or positioning of the baby during delivery can lead to hip dysplasia, a condition where the hip joint is not properly aligned.
- Erb’s palsy: Also known as Brachial Plexus Injury, this is damage to the nerves that send signals from the spine to the shoulder, arm, and hand. It can occur when excessive force is applied during delivery, leading to weakness or paralysis in the affected arm.
- Spinal cord injuries: Improper handling of the baby during delivery can result in spinal cord injuries, which may cause permanent disability or paralysis.
- Fractures: Fractures to the collarbone, arm, or skull can occur due to excessive force or improper use of delivery instruments like forceps or vacuum extractors.
- Untreated jaundice and kernicterus: Failure to diagnose and treat jaundice in a timely manner can lead to the development of kernicterus, a rare but serious condition that affects the baby’s brain.
2. Injury to the mother
Injuries to the mother can occur before, during, or after childbirth as a result of medical negligence. Inadequate medical care can lead to various complications, including:
- Pregnancy malpractice/maternal birth injuries: Mismanagement of the pregnancy can result in complications for the mother, such as pre-eclampsia, eclampsia, or other pregnancy-related disorders.
- Complications caused by forceps delivery: Improper use of forceps during delivery can cause injuries to the mother, including vaginal tears or lacerations, pelvic injuries, or bladder and bowel injuries.
- Abnormal bleeding: Medical negligence can contribute to excessive bleeding after childbirth, leading to complications such as anemia or the need for blood transfusions.
- Ruptured uterus: Improper management of labor or failure to perform a timely cesarean section can result in a ruptured uterus, a life-threatening condition for the mother and baby.
- Nerve damage: Improper positioning or manipulation during delivery can cause nerve damage, resulting in long-term pain, numbness, or loss of function.
- Psychological complications: Medical negligence during childbirth can lead to post-traumatic stress disorder (PTSD) for the mother, causing significant emotional distress.
Birth injury causes
Birth injuries can arise from various causes, and when they occur due to medical negligence, it further exacerbates the situation. Some common causes of birth injuries caused by medical negligence include:
- Incorrect interpretation of ultrasound results, leading to failure to identify potential complications.
- Failure to perform necessary tests and examinations during pregnancy, resulting in undiagnosed conditions or risks.
- Prescription of incorrect medication during pregnancy, which can have adverse effects on the baby.
- Inadequate monitoring of the baby’s heart rate during labor, potentially missing signs of distress.
- Improper use of forceps or other delivery instruments, causing trauma to the baby or mother.
- Delayed or improper response to emergency situations during childbirth, leading to preventable complications.
The claim process
1. Consult our Birth Injury Solicitors
It is advisable for you to speak to an experienced team of Birth Injury Solicitors as soon as possible if you believe that you were not provided with an adequate or appropriate level of medical care, which resulted in you sustaining an injury or illness.
2. We obtain your medical records
After the consultation with your Birth Injury Solicitor, he/she will request access to your medical records and engage an independent medical expert to assess your records. The purpose of engaging an independent expert is to establish whether there was any negligence on the part of the medical professional.
3. The medical negligence litigation process
Where the independent medical expert is of the professional opinion that medical negligence did occur, upon your instructions, your solicitor will commence the process of issuing legal proceedings in Court against the medical professional and/or hospital.
Statute of Limitation
The legal time limit to make a birth injury claim is two years from the date of injury or date of knowledge that the injury or illness resulted from medical negligence. For children/minors, the time limit expires two years after their 18th birthday. You may contact a birth injury solicitor to discuss your case to advise of the Statute of Limitations applicable to your case. Learn more about the time limit in relation to your case.
