In the UK nearly 2,000 babies are born every day. It is estimated that 70 per cent of these births 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.
Often, the injury is minor and causes no lasting consequences. However, in some cases, 
the injury may be severe, and highly severe injuries often cause permanent damage. Fortunately, there are laws in place to provide compensation for those suffering from birth injuries. The British legal system is especially well adapted in providing compensation for the parents or the child when a birth injury is caused directly or indirectly through the negligence of a doctor or hospital.
Medical Negligence
Labour and delivery are often very traumatic experiences for both mother and baby, as a wide variety of problems and complications can arise. Birth injuries frequently occur when doctors react in an inappropriate manner or in an insufficient manner when faced with complications during labour and delivery. Several cases of birth injuries are caused by doctors’ and hospitals’ negligence. This type of negligence is defined as 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. The severest birth injuries are often sustained during induced delivery or surgical delivery rather than natural or spontaneous delivery. Injuries can occur 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.
The Most Common Negligent Birth Injuries
Below are the most common conditions and injuries caused by medical negligence:
- Brachial Plexus Palsy – Can cause partial or total paralysis. 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 damaged it can lead to partial or total paralysis.
- Erb’s Palsy –Used interchangeably with brachial plexus palsy.
- Klumpke’s Palsy –A specific form of brachial plexus injury.
- Cerebral Palsy – A permanent condition caused by brain damage before, during or shortly after birth.
Birth Injury Compensation
For parents or children to be eligible for compensation for a negligent birth injury, a legal case must be established. 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. An experienced lawyer in birth injuries is recommended for this process, as he will not be daunted by the medical jargon and will have dealt with such a delicate subject before.
In accordance with 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.
Due to the complexity of birth injuries and medical negligence law, the case may take several years before a resolution is reached.
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