WHAT IS A BIRTH INJURY*?
There are several types of birth injuries, including neurological and physical injuries. These injuries can commonly occur as a result of complications during pregnancy, labour, or childbirth. Birth can be temporary or can result in extensive and long-term damage.
Typical injuries that lead to a birth injury compensation claim are often related to the baby not receiving sufficient oxygen during or just before delivery. This can be caused by inadequate monitoring, failure to diagnose a condition, the mother experiencing complications during the birth or improper handling of the baby once it is born. A reduction in the supply of oxygen to the brain may cause brain damage or lead to some other form of permanent disability, such as cerebral palsy.
Medical negligence can cause several types of birth injuries. The following are examples of birth injuries* that can lead to claims for compensation.
Cerebral Palsy*
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The development of cerebral palsy is one of the most serious types of birth injury* that a child can develop. The term cerebral palsy is used to describe a medical condition that affects control of the muscles. Due to an injury* to the brain, the sufferer is unable to use some of the muscles in their body in the normal way. There are different types of cerebral palsy including spastic quadriplegia or hemiplegia, dyskinetic cerebral palsy, hypotonic or ataxic cerebral palsy.
Cerebral palsy is caused by an injury* to the brain before, during, or shortly after birth. Problems during birth, such as the baby not getting enough oxygen, or a difficult delivery in which the baby’s brain is injured may result in cerebral palsy.
Some babies born with cerebral palsy do not show obvious signs right away. Classically, cerebral palsy becomes evident when the baby does not reach developmental milestones and where preferential use of limbs, asymmetry or gross motor developmental delay is seen.
The development of cerebral palsy is one of the most serious types of birth injury* that a child can develop. The term cerebral palsy is used to describe a medical condition that affects control of the muscles. Due to an injury* to the brain, the sufferer is unable to use some of the muscles in their body in the normal way. There are different types of cerebral palsy including spastic quadriplegia or hemiplegia, dyskinetic cerebral palsy, hypotonic or ataxic cerebral palsy.
Cerebral palsy is caused by an injury* to the brain before, during, or shortly after birth. Problems during birth, such as the baby not getting enough oxygen, or a difficult delivery in which the baby’s brain is injured may result in cerebral palsy.
Some babies born with cerebral palsy do not show obvious signs right away. Classically, cerebral palsy becomes evident when the baby does not reach developmental milestones and where preferential use of limbs, asymmetry or gross motor developmental delay is seen.
Neonatal Encephalopathy and Hypoxic Ischaemic Encephalopathy (HIE)
Neonatal encephalopathy is an umbrella term to describe disturbed neurological function in a newborn baby. Some indicators may include respiratory distress, a low Apgar score, acidic blood PH, abnormal muscle tone (stiff or floppy in appearance), seizure activity, depressed reflexes, feeding problems etc.
Hypoxic ischaemic encephalopathy (HIE) is the most common type of neonatal encephalopathy. HIE is a neonatal brain injury caused by oxygen deprivation (hypoxia) and a limited blood flow to the brain (ischemia) at or near the time of birth. The brain does not receive adequate oxygenation, which leads to cell death and subsequent brain damage.
HIE can be the cause of a number of disabilities and impairments, including cerebral palsy, seizure activity, delayed development, cognitive impairment and recent research shows that it may cause neurosensory and neurobehavioral difficulties.
Neonatal encephalopathy and HIE can be caused by a number of medical complications around the time of birth, including:
- Placental or uterine complications e.g. a placental abruption, placenta previa, uterine rupture etc.
- Umbilical cord complications
- Mismanagement of a high risk pregnancy
- Improper fetal heart rate monitoring
- Failing to perform an emergency caesarean section when the labour is prolonged
- Maternal infections which are not managed
- Premature birth
- Mismanagement of the neonatal condition
HIE can be managed using a treatment called neonatal therapeutic hypothermia (cooling treatment). The infant’s brain and/or body is cooled below normal temperatures to help prevent or limit or prevent further damaging inflammation in the brain.
The current guidelines are such that neonatal therapeutic hypothermia must commence within 6 hours of birth, however, there is evolving research which suggests that it may be beneficial when commenced within a 24 hour window from the time of birth.
Furthermore, supportive care should be provided to assist the baby with breathing, to prevent seizure activity and to control blood sugar levels.
Neonatal Hypoglycemia*
Neonatal hypoglycemia is an abnormally low level of blood glucose which can cause long-term brain damage.
It can be caused by a number of issues including, poor nutrition for the mother during pregnancy, poorly controlled maternal diabetes, birth asphyxia (lack of oxygen at birth), birth defects, congenital metabolic diseases or hormone deficiencies, infection etc.
In the case of neonatal hypoglycemia, the baby may require glucose given through an IV. The baby’s blood glucose levels should be regularly monitored.
Brachial Palsy*
Brachial Palsy (Erb’s palsy) occurs when the brachial plexus (the group of nerves that supplies the arms and hands) is injured. It is common when there is difficulty delivering the baby’s shoulder, called shoulder dystocia. The baby loses the ability to flex and rotate the arm. Brachial plexus injuries* can result in lifelong physical disability.
Fractures*
A fracture of the clavicle or collarbone is the most common fracture during labour and delivery. The clavicle may break when there is difficulty delivering the baby’s shoulder or during a breech delivery.
Caput Succedaneum*
Caput is a severe swelling of the soft tissues of the baby’s scalp that develops as the baby travels through the birth canal.
Facial Paralysis*
During labour or birth, pressure on the baby’s face may cause the facial nerve to be injured. This may also occur with the use of forceps for delivery. The injury is often seen when the baby cries when there is no movement on the side of the face and the eye cannot close.
Hip Dysplasia*
This relates to a problem with the formation of the hip joint. The location of the problem can be either the ball of the hip joint (femoral head), the socket of the hip joint (the acetabulum), or both.
Many of the common types of birth injuries can be prevented when proper medical protocol is adhered to.
If a hospital is negligent in their handling of a birth which leads to a baby developing any of the other birth injuries listed above, then an action for medical negligence may arise.
LAURALYNN
Ireland’s Children’s Hospice
“I have come to know Ralph McMahon as a completely trustworthy and honest friend, totally committed to whatever task with which he becomes involved. During my years as chairman of the Children’s Sunshine Home I enjoyed valuable benefit from being able to discuss plans and challenges with Ralph knowing that our conversations would be in total confidence. I appreciated and respected his practical views and comments knowing them to be given sincerely and as a result of clear and conscientious thought.”
George Balmer, Former Chairman of LauraLynn
