Understanding Birth Injuries
In a recent episode of the My Bump2Baby Podcast, host Carla invited Director Hasina Choudhury and Associate Georgia Bolton to discuss birth injuries. In the following article, we summarise the topics covered in this podcast, including what constitutes a birth injury, the legal implications and how affected families can seek support.
These additions highlight the practical steps families can take following a birth injury, the critical role of deputyships in long-term care planning, and the importance of community and professional support in managing these life-altering challenges.
Meet the experts
Hana Choudhury is a solicitor and Director. Specialising in clinical negligence, particularly birth injury cases, she is a panel member of the AVMA Specialist Clinical Negligence Panel and the Law Society Clinical Negligence Panel. Her focus includes birth injuries that often result in lifelong impact, such as cerebral palsy.
Georgia Bolton is a solicitor in the Wills and Estates team, with a focus on deputyships. Georgia's work includes managing cases where families need financial and legal support due, including purchasing properties or making applications to the Court of Protection.
What are birth injuries?
Pregnancy and childbirth are miraculous but complex processes. Despite the incredible care provided by the NHS, mistakes can happen during or after birth, resulting in injuries to the baby or the mother.
Birth injuries can occur:
- In utero;
- During delivery; or
- Shortly after birth.
Such injuries can have devastating and lifelong consequences for both the child and the family. For example, cerebral palsy, a common birth injury, often results from brain damage caused by oxygen deprivation during delivery. While many cases of cerebral palsy are unrelated to medical negligence, there are instances where failings in care - such as delays in delivery or improper monitoring - are responsible.
What causes cerebral palsy?
Cerebral palsy (CP) is a neurological condition affecting movement, balance, and posture. It’s the most common motor disability in children, with an estimated 1 in 400 babies in the UK affected. The causes of CP may or may not result from negligence:
- Non-negligence-related causes:
- Brain infections (e.g., meningitis)
- Low blood sugar
- Head injuries
- Negligence-related causes:
- Prolonged oxygen deprivation (hypoxia) during labour or delivery
- Failure to monitor the baby's heart rate (CTG monitoring)
- Delays in identifying and acting on signs of foetal distress
Even a 20-minute delay in delivery can significantly impact the baby’s outcome, highlighting the importance of timely care during childbirth.
The ripple effect on families
Birth injuries, particularly those leading to conditions like cerebral palsy, affect more than just the child. The entire family is impacted emotionally, physically and financially. Parents often need to leave their jobs to provide round-the-clock care, leading to financial strain. Siblings may also be impacted, such as receiving reduced attention from their parents or fewer opportunities to enjoy extracurricular activities.
Whilst financial compensation cannot reverse the damage, it can help provide essential support such as care packages, therapy and specialized equipment.
Recognising the signs of cerebral palsy
There are some key developmental signs that parents might observe in children with CP:
- In infants (under 6 months):
- Difficulty holding up their head.
- Stiffness or floppiness when picked up.
- Overextending their back or neck.
- In infants (6–10 months):
- Delays in rolling over or sitting up.
- Favouring one hand while keeping the other in a fist.
- In toddlers (10+ months):
- Crawling asymmetrically.
- Difficulty standing, even with support.
If parents notice any of these signs, they should consult a healthcare provider for further evaluation and seek a referral for diagnostic tests.
What is a Deputyship Order?
In cases of significant birth injuries, particularly those resulting in lifelong disabilities, long-term financial and care planning becomes essential. One critical tool for families in these situations is a Deputyship Order of which there are two types: one covering property and finances and another covering health and wellbeing. However, for children, health decisions typically remain under parental responsibility until they turn 18.
A Deputyship Order for property and finances is typically required once compensation has been awarded to a child. This ensures that the awarded funds are properly managed to cover the child’s lifetime needs, from care expenses to home adaptations. Parents, professionals or both together can apply to the Court of Protection to become deputies responsible for managing these finances. Whilst the process takes time - often up to six months - it is a vital step in ensuring the child’s financial security.
The role of professional deputies
Managing compensation for a lifetime of care is no small task. In many cases, professional deputies are appointed to assist families in managing the complexities of financial planning. The role of a professional deputy often involves significant responsibilities beyond the financial. For example, families may need to purchase or adapt homes to accommodate new equipment, hoists, or therapeutic spaces such as hot tubs for rehabilitation. Professional deputies work closely with families to guide them through these processes, ensuring that funds are allocated wisely while relieving the overwhelming burden from parents. It is worth being aware that costs associated with deputyship are factored into the compensation claim, meaning families do not need to bear the financial burden of this crucial support.
Planning for the future
Another sensitive yet vital aspect of managing compensation is determining the child’s life expectancy. This process, while difficult for families, is necessary to ensure proper financial planning. Solicitors work with medical experts to estimate how long the child may live and factor this into the compensation claim.
For cases involving shorter life expectancies, periodical payment orders (PPOs) made annually, cover ongoing care costs and ensure that families do not run out of resources if the child lives longer than expected. This arrangement provides financial stability and peace of mind, ensuring that the family’s needs are met without risking overcompensation or underfunding.
When to seek legal advice
Parents who suspect that a birth injury may have been caused by medical negligence should consider exploring their options with a legal professional. There are specific time limits, known as the limitation period, for pursuing a claim:
- For children, parents have until the child’s 21st birthday;
- For adults with mental incapacity, the limitation period may not apply.
As a parent it is important to ask critical questions about their child’s birth experience, such as:
- Was there a rush to deliver the baby?
- Did the baby’s heart rate show signs of distress?
- Was the baby unwell immediately after birth?
Parents should feel empowered to advocate for themselves and their children - no question is too small or insignificant - if something feels wrong, parents should seek answers.
If parents believe something may have gone wrong, they can request medical notes and consult with legal experts like Hana and Georgia to determine if negligence occurred.
Support beyond birth injuries
While the focus of this article is birth injuries, other cases of injury and medical negligence, such as brain injuries caused by infections like meningitis can occur at any time and are just as impactful on families. Solicitors work to secure compensation that can provide the necessary care, therapy, and financial support for both the affected individual and their family.
Birth injuries are a difficult and emotional topic, but for parents concerned about their child’s development or the circumstances surrounding their birth, seeking early medical advice and legal consultation is crucial. Understanding your rights and options can help families to access vital resources to navigate these challenging situations.
In addition to clinical negligence and personal injury cases, the firm handles a wide range of legal matters, including wills, estate planning, property transactions, employment law, and dispute resolution. This comprehensive approach ensures that clients can access a variety of legal services under one roof, making it easier for families to navigate complex situations.
For more information, or to explore potential claims, please get in touch via our website, by calling 01206 574431 or by emailing enquiries@tsplegal.com.