Nearly 2,000 babies are born in the United Kingdom every day. Of these, it is estimated that as many as 70 percent will suffer some type of birth injury. A birth injury is defined as any type of physical damage experienced by a baby before birth, during labour, during delivery or shortly after birth.

In many cases, the injury is minor and causes no lasting consequences. However, in some cases, the injury may be severe, and the most severe injuries often cause permanent damage. Fortunately, the British legal system provides for the parents or the child to be compensated when a birth injury is caused directly or indirectly through the negligence of a doctor or hospital.

Labour and Delivery Birth Injuries

Labour and delivery can be very traumatic experiences for a mother and her baby. A wide variety of problems and complications may arise. Birth injuries often result when doctors react inappropriately or do not react sufficiently when dealing with complications during labour and delivery.

Some of the most severe birth injuries are experienced during induced delivery or surgical delivery instead of through natural, spontaneous delivery. Injuries can be caused when a baby is deprived of oxygen or when trauma is experienced from mechanical movement when a baby is in an unusual birthing position or when the baby is too large for the mother to easily deliver.

Medical Negligence

Numerous cases of birth injuries are caused by the negligence of doctors and hospitals. Negligence can take the form of excessive force during delivery, failing to perform appropriate medical actions when necessary or failing to anticipate the size of the baby until it is too late.

Common Types of Negligent Birth Injuries

Birth injuries caused by doctor or hospital negligence can take several forms. All of the following conditions and injuries are known to be caused through medical negligence:

• Brachial Plexus Palsy – The brachial plexus is a bundle of five major nerves extending from the spine, through the shoulder and to the tips of the fingers. When these nerves are damaged during birth, it can cause partial or total paralysis.

• Erb’s Palsy – This term is often used interchangeably with brachial plexus palsy.

• Klumpke’s Palsy – This is a specific form of brachial plexus injury.

• Cerebral Palsy – Cerebral palsy is a permanent condition caused by brain damage before, during or shortly after birth.

Filing a Claim for Birth Injury Compensation

For parents or children to be eligible for compensation for a negligent birth injury, a legal case must be established. It is usually in the best interests of the parents to hire legal representation experienced in birth injury cases. Before or while establishing the case, an investigation will be conducted to determine if it is likely that acceptable standards of medical care were not met.

According to UK law, parents can file a claim for birth injuries any time before the child’s 18th birthday. After that, the child may file on behalf of himself or herself up until the age of 21.

Because of the complexity of birth injuries and medical negligence law, the case may take several years before a resolution is reached.