Skip to content

Medical Negligence

Birth injury claims, including Cerebral palsy and Erb’s palsy

Medical Negligence

Birth Injury Claims, Including Cerebral Palsy and Erb’s Palsy

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

Our specialist birth injury team helps clients with claims relating to all injuries sustained during or immediately after childbirth, including in relation to Cerebral Palsy, Erb’s Palsy and Hypoglycemia.

Minor birth injuries are fairly common and will often heal by themselves. However, more serious and traumatic birth injuries can also occur, leading to long term injury to mother and/or child. If you or your baby have suffered a traumatic birth injury due to medical negligence, do get in touch with our specialist and sympathetic birth injury lawyers to discuss the options open to you in applying for compensation. We advise clients in relation to all types of traumatic birth injury.

Cerebral Palsy

In some circumstances, but not all, cerebral palsy can be a result of a brain injury sustained during birth. Below we have outlined some of the key questions surrounding Cerebral Palsy.

The Mayo Clinic describes Cerebral Palsy as ‘a disorder of movement, muscle tone or posture that is caused by damage that occurs to the immature, developing brain, most often before birth. Signs and symptoms appear during infancy or preschool years’.

The three main types of Cerebral Palsy are as follows:

  1. Spastic – meaning stiff muscle
  2. Dyskinetic or athetoid – meaning an uncontrolled muscle contraction of the limbs
  3. Ataxic – meaning uncoordinated limb movements

It is possible to be diagnosed with a mixture of these types, however, Spastic Cerebral Palsy represents the most common physical disability in childhood.

What causes Cerebral Palsy?

There are known to be different causes of Cerebral Palsy including:

  • Genetic susceptibility
  • Infection
  • Inflammation
  • Metabolic
  • Physical injury
  • Lack of oxygen around the time of birth

Some of these causes can be due to substandard treatment and clinical negligence.

What is Erb’s Palsy?

Erb’s Palsy is a paralysis of the arm caused by injury to the upper group of the arm’s main nerves.

Can a claim be made in relation to Erb’s Palsy?

Erb’s Palsy claims are complex. At one time, all obstetric brachial plexus injuries (OBPI) were thought to be the fault of the midwife or doctor on the basis that too much force was used during the delivery of the shoulders. However, over the past decade there have been increasing reports of OBPI in the absence of excessive force having been applied. Medical literature has suggested that some OPBI can in fact be caused by pressure caused through contractions when the mother is pushing. This means it is more important to instruct a solicitor who knows what they are doing.

Our solicitors have a wealth of experience in detailing with brachial plexus injuries. Our knowledge of handling claims in this area allows us to obtain the subtle and complex evidence necessary to allow you to obtain compensation for your child. Public Funding (Legal Aid) remains available for birth injury compensation claims and only your child’s income (if any) will be taken into account. Bindmans are franchised by the Legal Aid Agency to carry out such claims.

What is hypoglycemia?

Neonatal hypoglycemia is a condition where a newborn baby’s blood sugar (glucose – the main fuel for the brain and the body) falls to a very low level. Once the baby’s umbilical cord has been cut, they no longer receive a supply of glucose from their mother, so they need to maintain their own blood sugar levels through feeds. 

A transient reduction in blood glucose is expected as part of metabolic adaption following birth. This should resolve itself within the first 48 to 72 hours of life. However, a minority of newborn babies experience prolonged and severe hypoglycemia if the symptoms are not recognised and the baby’s blood levels are not monitored and restored through feeding, or, in more acute circumstances, an intravenous glucose drip.

A prolonged and severe state of hypoglycemia can result in permanent brain damage leaving the baby with severe and long term neurological and cognitive disabilities, seizures and developmental delay. The extent of the injuries is dependent on the extremity of the index injury.

Whilst all babies are at risk of developing neonatal hypoglycemia, certain babies are at a higher risk. Most babies with hypoglycemia are initially asymptotic and detection is based on surveillance of babies who are at high risk of developing hypoglycemia, such as:

  • Babies born to mothers with diabetes
  • Babies who are born premature or with a low birth weight
  • Babies who are born under significant stress
  • Babies who have an inadequate amount of external feeding i.e. have a poor suck and/or are vomiting
  • Babies who have a low body temperature shortly after birth
  • Babies who suffer a hypoxic-ischaemic event during birth (In other words, they are born with significant stress)

A newborn’s blood sugars can be tested by a simple blood test. Symptoms of a baby suffering from neonatal hypoglycemia include:

  • Difficulty maintaining a normal body temperature
  • Lethargy, pale and floppy
  • Trembling
  • Poor feeding
  • Vomiting
  • Irritability, jitteriness, or grunting

The consequences of neonatal hypoglycemia can be extremely serious, resulting in long term disabilities and in grave circumstances, death as a result of complete energy failure.

A medical negligence case can be brought against a trust where there have been delays in obtaining blood glucose test results, delays in taking subsequent action, delays in administration of IV glucose, giving an insufficient or incorrect dosage of IV glucose, delayed attendance by the paediatrician, and failures to address the mother’s concerns, and as a result; a child has suffered from permanent and serious injuries. In our experience, problems typically seem to arise after the midwifery team fail to notice that the baby is not feeding properly after birth, either by not feeding at all or by failing to latch & suck. The problems seem to arise more frequently in first-time mothers as they are not as familiar with the typical feeding patterns of a newborn.   

Our specialist clinical negligence team are experienced in obtaining compensation for children whose neurological disability has been caused as a result of substandard care during or shortly after birth. We are dedicated to assessing the full impact of the injury and ensuring our clients are fully compensated alongside obtaining rehabilitative therapies to aid with a child’s development.

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.

Meet the team

Jon Crocker
Managing Partner

Head of Medical Negligence and Personal Injury

Yagmur Ekici
Partner

Medical Negligence and Personal Injury

Siobhan Kelly
Partner

Medical Negligence and Personal Injury

Alla Murphy
Partner

Medical Negligence and Personal Injury

Sally-Jean Nicholes
Senior Consultant

Medical Negligence and Personal Injury

Rosaleen Wyllie
Associate

Medical Negligence and Personal Injury

Tony Taylor
Consultant

Medical Negligence and Personal Injury

Lucinda Hall
Solicitor

Medical Negligence and Personal Injury

Megan Owen
Solicitor

Medical Negligence and Personal Injury

Holly Crowder
Trainee Solicitor

Medical Negligence and Personal Injury

Vivian Kwok
Trainee solicitor

Medical Negligence and Personal Injury

Niamh Summers
Trainee solicitor

Medical Negligence and Personal Injury

How can we help you?

We are here to help. If you have any questions for us, please get in touch below.