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Birth Injury - Medical Negligence Claim
Thousands of clinical compensation claims are initiated every year in the United Kingdom by medical negligence solicitors on behalf of people from all walks of life. A multitude of operations and procedures are executed successfully however a small percentage do go wrong, laying the grounds for medical negligence solicitors to take legal action in order to claim compensation. Both legal aid and the no win no fee scheme are available to pursue medical negligence compensation claims.
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A birth injury is any damage that occurs during the birth process, usually as the infant is passing through the birth canal. The truth is that many newborns sustain minor injuries, including cephalhematomas because of vacuum extraction. Less frequently, a child can get a damaged nerve or break a bone during the birth process. Fortunately, most-but not all-birth injuries get better without any significant treatment. A few can be serious and/or permanent.
A birth injury is likely to happen when the birth canal is not big enough or the fetus is abnormally large. This can happen with gestational diabetes or with regular diabetes in the mother. If the infant is lying in an odd position in the birth canal, it is more difficult for the infant to pass through and birth injury can occur. Because there are more cesarean sections and because ultrasound can assess fetal size and position, there are fewer birth injuries now than ever before.
Common birth injuries can occur to the head. This is the part of the baby that presents first so it is most likely to be traumatized. Even in a normal delivery, the scalp can become swollen and bruised. This usually passes within a few days. A cephalhematoma is a birth injury that causes a collection of blood to build up under the fibrous part of the skull. It looks like a lump beneath the skin and takes up to several months to heal completely. It is not inherently dangerous. In some cases, a skull fracture can occur in the delivery process but it generally heals on its own without consequence.
Bleeding in the brain is a potentially serious birth injury. A blood vessel deep to the skull can cause a brain hemorrhage. It appears as a bulging of the skull or a deformity of the skull. This is a more common injury in preterm infants that are suffering from low oxygen levels and can occur even if there is no birth injury. The bleeding can cause poor feeding, sluggish behavior or seizures.
There are several types of brain bleeding, including subarachnoid hemorrhage, subdural hemorrhage or intraventricular hemorrhage. An intraparenchymal hemorrhage, occurring within the brain itself, is common in premature infants and usually doesn't represent a birth injury. All types of brain hemorrhage usually resolve using supportive measures such as IV fluids and maintenance of bodily functions; however, a subdural hematoma is usually treated surgically.
Nerve injury can happen. The infant's face can press on the mother's pelvic bone and can therefore cause a facial nerve injury. The use of a forceps during delivery can cause a facial nerve injury as well. It looks as though there is facial weakness on one side of the face. Fortunately it resolves after about 3 months of age.
There can be damage to the nerves in the infant's arm area that can paralyze the arm. This occurs during excessive tugging on the infant head during the delivery. The infant must have the arm immobilized for several months but it usually resolves on its own. In rare cases, the broken nerves must be reattached by a surgeon. The nerve to the diaphragm can be damaged so half of the diaphragm is paralyzed as a result. This can cause difficulty breathing in a newborn infant but usually resolves on its own.
There can be perinatal asphyxia as a birth injury. This is when the fetus doesn't get enough oxygen during the birth process. It can be caused by many different reasons related to the birth process. It can be caused by an an infection in the fetus, abnormal development of the infant, genetic defect, drug exposure within the uterus, umbilical cord compression or clot, or a sudden loss of maternal or fetal blood. If the placenta has given out, it also causes a lack of oxygen to the fetus, particularly during labor. Infants can go into shock after delivery or suffer from brain, kidney or other organ failure. Often the infant will look completely normal but will suffer from brain damage, learning disabilities or cerebral palsy.