Injuries sustained during and after childbirth can often result from substandard care. Many people who have suffered these injuries don’t realise that they have a valid medical negligence claim.

Birth injuries as a result of unplanned and emergency caesarean sections

A large proportion of the birth injury cases we take on involve an unplanned and emergency caesarean section so we know all too well the potentially catastrophic consequences of poor care here.

We have dealt with cases where:

• despite a foetal heart trace suggestive of a maternal haemorrhage (sinusoidal CTG trace), birth was delayed until an emergency caesarean section was required
• there were failures to act following a sustained low foetal heart rate (acute bradycardia) resulting in an emergency caesarean section, and
• there was a failure to respond to rising Anti-D levels resulting in an emergency caesarean section

These are just a few examples and in all of these cases the children suffered significant and permanent neurological injury which we say was negligently caused and avoidable with the right level of care.

Birth injuries as a result of poor postnatal care

A recent Care Quality Commission report (in 2024) highlighted stark findings when it comes to postnatal care.

Poor postnatal care includes women being unable to get a member of staff to help them when needed, not being given information or explanation when needed, and not being treated with kindness and compassion.

We have seen a significant increase in the number of cases which involve missed hypoglycemia in the baby post birth, causing seizures and permanent neurological injury. Often in these cases there is a failure to feed which is flagged by the mother and ignored by the care team until it is too late.

Birth injury cases tend to be of the highest severity where the child claimant is injured during or shortly after birth, going on to require 24-hour care and support for the rest of their lives. They will often never regain capacity to manage their lives or finances, or to work.

How can a Medical Negligence solicitor help with a birth injury claim?

To establish liability, it has to be proven that the care received was substandard and what ultimately caused the injury. We are able to assess the medical treatment to determine whether there is a valid claim.

In cases where liability is admitted we obtain Interim Payments and Rehabilitation to allow the family to buy properly adapted accommodation, equipment, and pay for therapies and care. Case managers are employed to advise on equipment, care, and vehicles.