A birth injury is any kind of physical harm or trauma to an infant caused by medical negligence or complications during labour and delivery. Birth injuries can range from mild to severe and can have lasting physical, cognitive, and psychological effects.

Birth injury negligence is when a medical professional fails to provide the necessary care during delivery, resulting in an injury to the baby. It can include mistakes such as incorrect use of medical instruments, failure to monitor the baby's vital signs, or failure to detect and treat problems before, during, or after delivery.

Birth injury negligence claims are legal claims brought by parents on behalf of an injured baby due to the medical negligence of a doctor or medical professional during the labour and delivery process.

Birth injuries to mother or baby that are caused by negligence can be devastating and life changing. Experienced birth injury solicitors can help you and your family get the compensation you deserve, so you can start to rebuild your lives.

Forbes Solicitors understand that clinical negligence resulting in birth injuries to mother and baby can be devastating and in severe cases life threatening. This is why we take great care in providing compassionate and understanding support in addition to our expert legal advice and make sure you get the compensation you deserve, at all times.

Our solicitors are experienced in providing advice and representation on clinical negligence claims, including birth injury and pregnancy claims to mothers and families alike and can advise you on a no win, no fee basis. Starting with a free consultation in a safe and understanding atmosphere, we work with you to ascertain as to whether in fact you have a claim, how likely your claim is to succeed, the possible compensation figures as well as your best course of action should you or your baby have been injured during pregnancy or childbirth.

Birth Injury Claims regarding Mothers can include but are not exclusive to:

• Perineal tears

• Mistakes in suturing tears

• Episiotomies

• Botched Caesarean sections resulting in injuries to organs

• Failure to recognise damage caused by Caesarean sections

• Retained swabs

• Issues with anaesthesia.

Birth Injury Claims regarding Babies can include but are not exclusive to:

• Brain injuries

• Fractures to the skull, arms, legs, shoulders or collarbones

• Cuts and scarring

• Cerebral Palsy

• Hip dysplasia

• Injuries sustained from forceps.

We understand that parents may be feeling like they have nowhere to turn if mother or baby has been injured due to clinical negligence, whether before or during childbirth, but Forbes are here to help. As injuries can be extensive resulting in the need for on-going care, it's important that you seek legal advice as soon as possible to ensure any medical bills accrued are covered and any care needed for children injured due to negligence is paid for.

Your best interests and that of your children are always at the heart of everything we do, this is why we strive to ensure you receive everything you are entitled to regarding your clinical negligence and birth injury claim, including any changes or adaptations to your home as well as the required rehabilitation equipment or sessions.

It's important you get the best legal advice from the best clinical negligence team to handle your birth injury claims. Forbes is that team.

The dedicated team of Clinical Negligence Solicitors and Litigation Lawyers within Forbes draw upon a wide range of experience in all types of claims against health care authorities and professionals. This service extends to those at private clinics also.

The Claimant was delivered at 39 weeks gestation in February 2017 by way of caesarean section in poor condition, not breathing, bradycardic and cyanotic. They were transferred to neo-natal intensive care unit (‘NICU’) at 27 minutes with a diagnosis of severe perinatal asphyxia and presumed sepsis and then to Royal Preston Hospital for cooling.

The Claimant suffered with four limbs spasticity with truncal hypotonia, multi focal epilepsy, absent gag reflex, and permanent severe neurological injury which required 24-hour care with feeds taking up to 3 hours. Unfortunately, in December 2020 the Claimant died, with the post-mortem report concluding the cause of death was from sudden unexpected death in epilepsy, cerebral palsy and a viral respiratory tract infection.

It was the Claimant’s case that there was breach of duty in the latter stages of the antenatal care and more particularly avoidable delay with the timing of the decision to carry out an emergency caesarean section.

The Claimant’s mother made numerous requests leading up to the Claimant’s birth for a caesarean section.  Had these been acceded the Claimant would have  been delivered in February 2017 intact. The Claimant suffered an escalating prolonged partial hypoxic ischaemic insult which culminated in foetal circulatory collapse immediately extending to delivery which is likely to be when the injury was sustained. Had delivery been affected by elective caesarean section prior to the onset of established labour then the Claimant would have avoided all neurological injury.  There were also further delays in the decision to deliver the Claimant, due to  an unnecessary foetal blood sample.   The injury was likely to have been sustained during the final 14 minutes immediately extending to delivery and resuscitation would also have been avoided.  The letter of response admitted to a 6 minute delay.  The Defendant denied that the negligent delay was responsible for any of the damage suffered by the infant.

Expert evidence was obtained from an obstetrician gynaecologist, paediatric neuroradiologist and   paediatric neurologist.

Forbes Solicitors assisted the Claimant’s executors seek damages for the Claimant’s pain suffering and loss of amenity throughout their lifetime and for past losses for care, aids and equipment, funeral expenses, and any other additional expenses. The Claimant unfortunately passed away during proceedings, meaning that the claim was  limited to these past losses.  By negotiation , the Claimant’s executors were successful in recovering £280,000. Initially the claim was brought through the benefit of legal aid funding, however, this entitlement stopped upon the death of the Claimant and new funding arrangements were made.

The Claimant was admitted to Hospital for augmentation of labour at 36 +6 weeks gestation, following confirmed premature pre-term rupture of membranes at 34 weeks.  An ultrasound scan performed at 35 + 5 weeks gestation confirmed an intramural fibroid, and also that the leading edge of the placenta was 44 mm away from the cervical OS.  She had a previous diagnosis of placenta praevia and therefore planning a vaginal birth was considered appropriate. 

A vaginal bleed was noted, and examination found a blot clot.  Vaginal bleeding continued and a diagnosis of Antepartum haemorrhage was made with a decision to perform an emergency Category 1 Caesarean Section thereafter. 

As part of the management of the haemorrhage, emergency O negative blood was requested by the Anaesthetic Registrar. The wrong blood was collected from the fridge and the processes for checking and administering the blood product were not followed. It was noted in the medical records that over 50 mls of incorrect blood was transfused before the error was noted by the Operating Department Practitioner. The Claimant was transfused with O positive blood as opposed to O negative blood. The transfusion was stopped after 50 mls had already been transfused, and the management of the obstetric haemorrhage continued. Advice from haematology was sought in relation to the wrong blood being administered and advice was given to perform a direct anticoagulation test (DAT). 

As a result of the incident the Claimant suffered psychological trauma and underwent mental health counselling and CBT treatment. Following the incident the Claimant also suffered from short term anaemia, fatigue and tiredness. The Defendants admitted negligence at the pre-litigation stage and offered the Claimant £6,000, which was accepted.