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Home > Accident Types > Medical Negligence > Birth Defects Claim Advice
Birth Defects Claim Advice
The arrival of a new baby is normally a time for joy and celebration even though there is always an element of anxiety in case something should happen to spoil that happy event. When things do go wrong it is important to get the right action and support in first of all dealing with the situation, whether this is short or long-term.
Once the best care has been taken to treat the situation, it is also important to get the right support and advice should you feel you wish to make a claim regarding the problems you have experienced.
Birth defects can occur for many reasons, some are genetic or result from problems with the development of the baby during pregnancy and in some instances can be life threatening. Problems can also arise during the delivery and can cause temporary or permanent injury to the baby, though these too can sometimes also be life threatening.
As well as problems for the baby, the mother too can be traumatised by problems during the pregnancy and during delivery.
What is a Birth Defect?
Conditions Which the Baby May Develop During the Pregnancy
Making a Claim for Wrongful Birth
Congenital Hip Dysplasia
Complications Which May Occur with the Mother During the Pregnancy
Problems Which May Occur During Labour and Delivery
Erbs Palsy (Brachial Plexus or Shoulder Dystocia)
Making a Birth Defect Compensation Claim
Helpful Links
What is a Birth Defect?
A birth defect is a physical or mental disability which is present at the time of birth, which develops during the pregnancy. The most common of these are:
• Defects of limbs (arms and legs) including missing or extra fingers or toes, and club foot
• Heart abnormalities such as “holes in the heart”
• Spinal cord defects such as spina bifida
• Cleft lip or palate and other problems affecting the face
• Chromosomal abnormalities such as Down’s syndrome
About half of the defects diagnosed are related to limbs, heart or spinal cord abnormalities.
There are also defects that are caused by some problem during delivery, which are discussed further in this article.
Conditions Which the Baby may Develop During the Pregnancy
Screening
Some problems can be identified during the pregnancy by correct testing and interpretation of the results. Tests which are routinely available now include Ultrasound and blood tests which have made diagnosis much easier. Ultrasound scans can now detect about 50% of defects before birth and are particularly effective in diagnosing spina bifida. However conditions such as spina bifida, or the chromosomal abnormalities such as Down’s syndrome, can be missed due to poor operator training, or the misreading of blood samples by the technicians.
Wrongful Birth
A number of conditions can be so severe that if the parents had been aware of the condition, they may have chosen to have a termination. Failure to diagnose these conditions might result in the parents not being able to make that decision and only becoming aware of it when the baby is born. Not only is this a traumatic experience but may cause financial hardship if they have not had the time to prepare for the care their child will need. This situation is referred to as a “wrongful birth”.
Making a Claim for Wrongful Birth
If this were the case, you may be able to make a claim for medical negligence. In order for a claim to be successful in these circumstances, it must be possible to prove that the defect could have been diagnosed in the womb, and that a termination would have been carried out had it been detected. It is also necessary to prove that the defect could only have been prevented by terminating the pregnancy, and could not have been corrected by surgery either in the womb or after birth.
The object of making a claim in these circumstances would be to ensure financial security to ensure the appropriate level of care for the child, and even into adulthood where the condition is severe and long-term. Severe disabilities will often require extensive care by a team of medical professionals as well as the care given by the parents. There may be a requirement for residential care and even if the child can be cared for at home, one or both parents may have to give up work to care at home for their child.
Congenital Hip Dysplasia
Newborns and infants are routinely screened by ultrasound (the most important method) for congenital hip dysplasia which can be treated in most cases if diagnosed early enough, though occasionally surgery may be required to re-site the hip. The condition means that the hip is dislocated or is able to be dislocated. If not diagnosed until the child is older, more extensive surgery will be required or in the worst case it may not be possible to remedy the condition. It is thought that this condition may be the result of genetics but the real cause is unknown.
Complications Which May Occur with the Mother During the Pregnancy
During the pregnancy, the mother will attend frequent checks to ensure her continued health and the safe development of the baby. Some conditions can arise which pose a threat to the development of the baby, and sometimes the mother. These checks should diagnose, and in some cases anticipate, the onset of dangerous conditions and allow the medical professionals to take the necessary actions to minimise or even remove that risk.
Gestational Diabetes
A big worry for many mothers during early pregnancy is the danger of a miscarriage. Although this can occur for many reasons, the onset of maternal (gestational) diabetes can increase the risk of miscarriage. Gestational diabetes occurs when a mother develops a resistance to insulin because of the hormones in pregnancy. She will not have had diabetes prior to becoming pregnant.
Failure to diagnose or control the diabetes can cause defects in the baby affecting major organs such as the brain and heart. Medical evidence has allowed the medical profession to identify high risk mothers who should be screened as early as possible during the pregnancy to avoid either a miscarriage or developmental problems with the baby.
Babies born to mothers with this type of diabetes are often larger than normal and this can also lead to problems with the delivery, and an increased risk of injury during delivery.
Pre-Eclampsia
The most common serious complication for the mother during pregnancy is pre-eclampsia. Affecting up to 8% of pregnancies, it is thought to be caused by a defect in the placenta. Symptoms can include swelling, high blood pressure, headaches, sudden weight gain and the presence of protein in the urine. In come cases it can also result in poor growth in the baby. Unfortunately, some women will not show any symptoms before the onset of the disease so routine checks during ante-natal checks may be the only signs of the disease.
A rapidly progressing disease, the only cure is delivery of the baby. If diagnosed too early in the pregnancy for delivery to take place safely, the condition must be managed by treating the blood pressure and close monitoring of mother and baby, which often requires hospitalisation. If an early delivery is necessary, this can of course put baby at risk if too premature.
Placental (Uterine) Abruption
The cause of placental abruption is unknown but the symptoms are obvious and should be detected quickly. They will include bleeding from the vagina, tenderness of the uterus and pain in the back or abdomen, often severe pain. The condition occurs when the placenta separates from the wall of the uterus before the baby’s birth.
The main risk from this condition is due to oxygen deprivation, both to the mother and baby. The mother may also experience blood loss and the lack of clotting in her blood. The lack of oxygen in the mother may affect organs such as the kidneys and heart.
For the baby the risk is also dangerous and may cause brain injury or even cause the baby to die. If the condition occurs early in the pregnancy, and the baby has to be delivered early, there may also be premature birth complications.
Problems Which May Occur During Labour and Delivery
There are a number of conditions which can result from problems during the labour and delivery which may affect the baby either temporarily or permanently. Some of these will occur because of the size of the baby, which may have been the result of the mother being affected by gestational diabetes, though this is not always the case.
During the labour, the baby is assessed by the obstetrician to determine whether a natural delivery is safe. The size of the baby will be one determining factor and if this is not correctly anticipated there may be problems during delivery.
Erbs Palsy (Brachial Plexus or Shoulder Dystocia)
Shoulder dystocia (stuck shoulders) can be identified during labour and steps should be taken to avoid injury during delivery. Failure to correctly identify this could mean there has been clinical negligence. It occurs when the head has been delivered but the shoulders are too large and are impacted on the mother’s pelvis.
When the baby is delivered, if it is larger than average, there can be an injury to the neck which results in damage to the nerves (brachial plexus nerves) which control the muscles in the shoulder, arm or hand, and the nerves are paralyzed. This injury may result from shoulder dystocia, causing the nerves to stretch or tear, although this is not always the case.
Symptoms for the baby may be a limp or paralyzed arm, lack of muscle control in the arm, hand, or wrist. And there may be a lack of feeling or sensation in the arm or hand.
Cerebral Palsy
Although cerebral palsy can occur as a result of an accident or other trauma, during the delivery it is caused by lack of oxygen, causing a brain injury.
If you would like to read more about cerebral palsy please go to our Cerebral Palsy page.
Assisted Deliveries
Sometimes the baby needs assistance during the delivery. There are two commonly used methods; forceps which are shaped like paddles or blades (curved to mirror the head) and are positioned either side of the baby’s head to allow traction to be applied; or the Ventouse extraction pump which is in the form of a cup which is placed on the baby’s head and suction used to pull the baby out. These are often used when the baby becomes distressed and a quick delivery is necessary.
In the case of forceps, this can cause bruising and in the worst case, damage to the facial nerve. If this occurs the baby will develop a palsy causing the mouth to droop at one corner.
Scarring can occur if there are problems using the Ventouse cup in the wrong circumstances. The scarring can be permanent and visible.
Episiotomy
If the baby requires assistance during the delivery, the mother may need an episiotomy. This is a small incision into an area called the perineum (an area which stretches to allow the baby’s head to be born). This is only performed in an emergency situation such as an assisted delivery, or where the baby is larger than normal and there is a risk that the mother may tear during delivery. A tear is more difficult to repair than a cut so an episiotomy will be carried out to try to reduce complications after delivery.
Stitching is required after delivery, usually carried out by the midwife. If an episiotomy was not carried out, the tearing can be ragged (referred to as third degree tearing) and unless care is taken during the stitching, complications can arise. Occasionally this can lead to incontinence.
Making a Birth Defect Compensation Claim
If you or a member of your family has suffered a personal injury caused by the negligence of medical professionals, our specialist personal injury lawyers may be able to help you claim compensation.
Contact The Legal Line for cost free, expert advice and assistance on 0800 0328511 or by completing a claim enquiry form online.
Helpful Links
www.apec.org.uk/home.htm - Information, support and advice on pre-eclampsia, eclampsia, pregnancy induced hypertension (PIH) and HELLP syndrome.
www.erbspalsygroup.co.uk - Useful articles, information sheets and the stories of some people living with Erb's palsy.
www.midwivesonline.com/index.php - Information and advice for expectant mothers, new parents, and bereaved parents on a range of issues, including foetal abnormalities and complications during pregnancy and birth.
www.nhsdirect.nhs.uk/articles/article.aspx?articleid=93 - NHS factsheet on cerebral palsy.
www.mencap.org.uk - A registered charity promoting the understanding of learning disabilities.
www.pre-eclampsia.co.uk - A support group for those who have experienced pre-eclampsia or are seeking information.
www.reach.org.uk - An organisation for children with hand or arm deficiency.
www.scope.org.uk - Registered charity providing information and promoting support for people with cerebral palsy.
www.ubpn.org - The United Brachial Plexus Network, aiming to increase awareness and provide support to people with brachial plexus injuries.
www.clubfoot.co.uk - An information site about clubfoot and the treatment for clubfoot.
www.downs-syndrome.org.uk - Help and advice for people with Down's Syndrome and their families.
www.pregnancyquestionsandanswers.com - Online resource for information concerning all aspects of pregnancy and birth.
www.steps-charity.org.uk - Charity supporting those with lower limb conditions including clubfoot and developmental hip dysplasia.
www.uk-sands.org - Supporting anyone affected by the loss of a baby
www.arc-uk.org - Antenatal Results and Choices, information and support for parents whose unborn child may have an abnormality.
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