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Birth Injury

In the UK each year it is estimated that there are 700,000 births. Thankfully the majority take place without complications and end happily for both mother and baby. However there are occasions when things go wrong, mistakes are made and in the excitement, confusion and trauma of the birth process it can be difficult to know exactly what has happened. Bond Pearce's birth injury lawyers have experience of dealing with medical accidents involving birth injuries which occur to both mother and baby including:-

  • injury to mother - vaginal tears, fissures, incorrect suturing following episiotomy, failure to manage pre-eclampsia, infections
  • injury to baby - Cerebral Palsy, Erbs Palsy, facial palsy, Brachial Plexus Palsy, umbilical cord complications, ruptured placenta, skin irritation, fractures to the arm, collarbone or shoulder, brain damage, eye infections and injuries, cuts and scarring and infections

Many parents who approach us do so to find out what happened. Recollections can be vivid but for some it is difficult to recall exactly what was going on. Our birth injury specialists are able to investigate the circumstances surrounding the injury and provide you with clear advice.

In the rare cases where there is a fatality the team are able to deal empathetically with the issues, representing you at the inquest and pulling the facts together to help you through this difficult time.

INJURY TO MOTHER

  • Vaginal tears - in particular 3rd and 4th degree tears involving opening to the anal sphincter, anal canal and the rectum
  • Fissures - holes between the rectum and vagina
  • Incorrect suturing / stitching following episiotomy
  • Failure to manage pre-eclampsia
  • Infections

In cases where injury has occurred to both baby and mum, mothers can be so caught up in caring for their injured newborn that they don't recognise their own injuries and pain. Many of the mothers for whom we have acted have feelings of guilt because they think the injury to the baby is their fault. But it is not just the physical pain and symptoms that affect you, some mothers lose their entire sexual appetite and due to the pain of intercourse they lose their self esteem and confidence. Many who wanted other children can never face having another child. Our team of birth injury legal specialists are used to listening, understanding and dealing with these issues.

INJURY TO BABY

There are a number of conditions that also affect newly born babies that if left undetected or not managed properly can lead to future difficulty. For example:

Hip Dysplasia
All babies have a physical examination soon after they are born; the examination of the hip joint is part of this examination. The GP or clinic doctor checks the hips again at around six - eight weeks. This is because some babies may have hips that are not growing properly; a condition called Developmental Dysplasia of the Hip (DDH).

For the hip joint to grow normally the ball shaped head of the thigh bone (femur) needs to be inside the cup shaped socket on the side of the pelvis (called the acetabulum). The head of the femur is held in place by ligaments, muscles and a joint capsule.

If the head of the femur is not held tightly in place, the socket may be flatter than usual; this is called acetabular dysplasia. It makes the joint less stable and the head of the femur may be able to move in and out of the socket. This is called a dislocatable or subluxated hip. If the head of the femur loses contact with the socket and stays out of the joint, this is called a dislocated hip. These are both forms of DDH.

The physical tests are known as the Ortolani and Barlow Tests. The baby is laid on his or her back and the hips are moved gently outwards. A distinctive 'clunk' suggests a possible abnormality and the joint may be classed as unstable. The head of the thighbone moving in and out of the socket causes this. 'Clicky' sounds are not always important; a 'clicky hip' can be entirely normal.

What causes DDH?
Some babies are born with dislocatable or unstable hips because around the time of delivery, hormones in the mother cause ligaments around her birth passage (pelvis) to relax a bit, to make it easier for the baby to pass through her pelvis during birth. These hormones may pass through the placenta to the baby and cause the ligaments around the baby's joints to relax, making the baby's hip joint less stable. As the level of hormones in the baby decreases, the ligaments around the hip tighten again.

What can go wrong?
Examination and correct diagnosis is vital. Any delay in diagnosis of dislocated hips or unstable hips and can result in future mobility problems. If there is a concern, those carrying out the examinations such as doctors, nurses and health visitors should refer the child on for specialist opinion and further tests such as ultrasound or x-ray. Many of our cases involve a delay in diagnosis of hip dysplasia, sometimes the condition can go unnoticed until the child is walking. The longer the delay the more complicated the treatment and the greater the chance of long term effects.

FATALITIES AND INQUESTS
No amount of money can replace the untimely death of a loved one. Whatever the circumstances we recognise that where a fatal injury has occurred to either mother or baby that the family have questions that need answering and want to find out what happened. We will investigate the circumstances and where necessary arrange for representation at the inquest. Preparing for an inquest can be a traumatic and bewildering experience on top of the shock and distress caused by the death. Many people feel that the legal procedures and processes in trying to discover the truth about the circumstances of a death are the last thing they can cope with after losing someone close. At Bond Pearce we are experienced in helping people following the death of a loved one including representation at inquest. We aim to take the pressure off you at this most difficult of times and help you to get the answers you deserve.

Read more about inquests.