Having a baby should be one of the most exciting times in your life. However, when medical mistakes are made during pregnancy or birth, the consequences can be devastating.

A birth injury claim is a claim in respect of an injury to the baby or birthing person from the clinical negligence of a medical professional before, during or shortly after labour and childbirth.

Types of birth injuries

Common types of childbirth injuries cased by clinical errors include:

• Failing to adequately monitor the baby and/or birthing person.
• Administering the incorrect medication.
• Mishandling of the birthing person or baby.
• Negligent care during labour, leading to birth injuries to the birthing person or baby.
• Failure to identify or treat infections, such as meningitis or sepsis.

Examples of birth injuries

Some examples of birth injuries or illnesses that can occur during pregnancy include:

• Placental abruption – this is where the placenta separates early from the uterus.
• Shoulder dystocia – this is when the baby’s shoulder gets stuck during delivery and can lead to complications for both the birthing person and baby, which can be serious without proper medical management.
• Uterine rupture – where the uterus wall tears open.
• Unmanaged gestational diabetes.
• Failure to properly manage pre-eclampsia – high blood pressure during pregnancy and after labour.

Birth injuries in labour

Birth injuries that can occur during labour include:

Injuries to the birthing person

• Mistakes made during caesarean section that can lead to organ damage.
• Gynaecological treatment errors such as episiotomy – second or third degree tears.
• Perineal tears – third and fourth degree.
• Retained swabs.
• Anaesthetic errors.
• Mistakes in surgically suturing tears.
• Anal fissures (tears in the anus).
• Injuries when delivering baby via forceps or ventouse delivery.
• Suturing (stitching) issues.
• Postnatal infections.

Injuries to the baby

• Cerebral Palsy due to the baby suffering head and brain damage, such as hypoxic ischemic encephalopathy caused by decreased blood and oxygen levels to the brain.
• Muscular injuries such as Erb’s palsy or brachial plexus injury.
• Shoulder dystocia (when baby’s shoulder becomes stuck during delivery).
• Fractures to the baby’s skull, legs, arms, shoulders or collarbone during birth.

More about birth injury claims

Sadly, some babies can pass away shortly after birth (infant mortality) or may be born dead after 24 weeks (stillbirth). It may be possible to make a birth injury compensation claim against the hospital or healthcare provider responsible if they acted negligently in their care which led to stillbirth or infant mortality.

If you have undergone a failed abortion and went on to have a baby (whether healthy or otherwise) you may be able to make a claim.

Impacts of birth injuries 

A birth injury can have a significant effect on your mental health. Through making a birth negligence claim, you may be able to seek compensation that could help to pay for support and counselling that can help you to move forward with your life.

How long is a birth injury claim?

The length of clinical negligence claims depends on how long it takes to gather evidence, whether the other party admits fault, the severity of the injury and the extent of the claim for special damages. Straightforward clinical negligence claims may settle within 12-18 months, whereas complex cases may take several years.