Childbirth Injury Claims

In the vast majority of cases, childbirth is a natural physiological event that does not pose a risk to the health of a mother or baby. However, assisted births have become more common either by way of caesarean section, forceps delivery or other medical interventions.  In a significant number of cases, the outcomes of such births are not positive and occasionally result in injuries to the baby or the mother.

These childbirth injuries can be caused by pregnancy mismanagement, delivery, or aftercare. Sometimes, the injuries are not discovered immediately at birth instead the injuries become clear months or years after birth.

If during labour you are subject to medical negligence which results in you or your baby sustaining injuries, you may be entitled to claim compensation. 

Some examples of medical negligence that can lead to childbirth injury are:

  • Incorrect interpretation of ultrasound.
  • Failure to perform the necessary tests and examinations during pregnancy.
  • Prescription of the wrong medication during pregnancy.
  • Inability to track the baby’s heart rate.
  • Failure to deal with an emergency adequately.
  • Incorrect use of forceps during delivery.
  • Blunt force trauma to baby or mother.
  • Delayed birth – When the baby remains in the birth canal for too long. Leading to injury from the prolonged pressure from the birth canal on the baby’s brain.
  • Improper manipulation of the baby’s body during delivery.

The most common childbirth injuries that affect the baby

Injuries to an infant as a result of medical malpractice can result in different complications for the infant. Often, these childbirth traumas can have long-term effects on the child’s quality of life.

Some of the most common reason for childbirth malpractice cases are:

  • Brain Damage.
  • Forceps and Vacuum Extractor Injuries.
  • Forceps injury.
  • Perinatal Asphyxia – where a newborn does not receive enough oxygen.
  • Hip dysplasia.
  • Spinal Cord Injuries.
  • Pelvic injuries during birth.
  • Facial Paralysis.
  • Erb Palsy, also known as Brachial Plexus Injury which is damage to the nerves that send signals from the spine to the shoulder, arm and hand.
  • Fractures to collarbone, arm or skull.
  • Seizures.
  • Cerebral Palsy.
  • Erbs palsy.
  • Untreated jaundice, kernicterus and hyperbilirubinemia.

The most common childbirth injuries that affect the mother

Injury to the mother can be sustained prior to, during or following the birth. These injuries can be a result of medical negligence. Inadequate medical care can result in these complications:

  • Pregnancy malpractice/maternal birth injuries – mismanagement of the pregnancy.
  • Vaginal tears or lacerations.
  • Pelvic injuries during birth.
  • Broken bones.
  • Ruptured uterus.
  • Complications caused by delivery using forceps.
  • Abnormal bleeding caused by medical negligence.
  • Incontinence.
  • Damage to bowel or bladder.
  • Nerve damage after giving birth.
  • Post-traumatic stress disorder.
  • Wrongful death of the mother.
  • Forceps Injury.
  • Incorrect caesarean section.
  • Infection.
  • Pre-eclampsia or eclampsia.
  • Improper stitching following caesarean section.

For more information, fee phone 1800 246 442