Medical Negligence

Birth Injury Claims

When a new baby is born, it is a very special time for all the family. Therefore, the effects can be upsetting when something goes wrong during the pregnancy or birth. Birth injuries can happen to both the mother and the child, and can sometimes occur due to poor clinical care during pregnancy or poor midwifery or obstetric care during the birth. If a baby or mother suffers an injury due to medical or clinical negligence, then a claim for compensation may be possible.

Here at Clear Law, we can help with many different types of birthing injuries. These include, but are not restricted to, the following:

Undiagnosed child deformity during pregnancy

If a scan during pregnancy is misread, or incorrectly taken, it can lead to a medical practitioner not noticing a deformity in the baby. If this is not identified at an early stage, it can cause a great deal of stress to both parents after the birth.

Maternal or gestational diabetes

Gestational diabetes is when a woman without diabetes develops high blood sugar levels during pregnancy. If this is not monitored correctly during the pregnancy, it can cause problems for both the mother and baby, during and after the birth. Most women with gestational diabetes during pregnancy will require regular monitoring and potentially medication to keep the condition under control.

Erbs palsy

This is a physical injury, which can occur during delivery. It is caused when the nerves in the baby’s upper arms are damaged. This injury can range from mild to severe, depending on whether the baby’s spinal cord ability is affected. It may be unable to send messages to the arm to help it move, which can cause paralysis to the affected area.

Forceps or Ventouse Delivery

These are types of assisted deliveries where instruments are used during the birth. These are often needed if the labour has been long and tiring or when the baby becomes distressed. There may be a claim in relation to this type of injury if there has been a delay in considering these instruments, or if they are used inappropriately.


Injury can occur during a caesarean, such as a delay in recognising that one is needed, injury to the baby such as cuts or scarring, incorrect stitching that results in scarring, or infection or errors during the surgery that result in severe nerve damage.

Pre Eclampsia

This can be very dangerous to both the mother and the child. Diagnosis of this condition is usually made during check-ups over the course of the pregnancy. Once pre eclampsia has been identified, it is usual for the mother to continue to have frequent examinations and tests during the pregnancy. If this is not identified, serious injury can be caused to the mother and the baby, including fits, problems with the baby’s growth, or premature births.

Second or Third Degree Tears and Episiotomy

Tears during childbirth are common and in themselves are not usually due to any form of negligence. However if it is identified during pregnancy that the baby is big in nature and a caesarean section is not recommended, then this could result in negligence.

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