1. 1
Birth Injury Claims
Poor midwifery and/or obstetric care, both prior to and during labour and birth, can
provide grounds for a medical negligence claim as can the adequacy of the care and
treatment provided to your child following birth where he/she has required medical
treatment in the early hours and days of his/her life. Common complications can
occur during pregnancy, labour or in the period immediately after birth which, if not
appropriately recognised and treated by the attending midwives and/or doctors, can
result in your child acquiring significant injuries. In certain cases it can be difficult to
demonstrate or to prove that injuries or disabilities diagnosed in a newly born or
young child were caused by inadequate medical care rather than being the result of
congenital abnormalities. Very complex expert evidence will often be necessary in
such cases from specialists in the area of paediatric neurology, paediatric
neuroradiology and in genetics to determine the most probable cause of
abnormalities or injuries diagnosed in new born children.
Disorders which can occur during pregnancy and which can cause injury to both the
unborn child and mother include:
 Maternal or gestational diabetes which can result in brain and heart defects in
the unborn foetus;
 Pre-eclampsia, a disorder of maternal blood pressure which can cause both
the death of the unborn baby and the mother if untreated;
 Placental abnormalities which can be manifested by an arrest in the growth of
the foetus (intrauterine growth restriction) or, in severe cases, can result in
placental abruption where the placenta separates from the wall of the uterus
to deprive the foetus of oxygen;

2. 2
During labour common complications which can arise that will usually require
appropriate midwifery and/or obstetric intervention in order to prevent injuries to the
unborn foetus include:
 Excessive or inappropriate use of oxytocin/syntocinon, a drug administered to
a mother to induce or to augment labour but which can result in
overstimulation of the uterus and thereby can adversely affect the oxygen
supply to the foetus;
 Failure to adequately monitor foetal heart rate or failing to identify and act
upon abnormalities in the foetal heart rate;
 Inappropriately delaying the performance of an instrumental delivery, whether
by forceps or a vacuum extraction (ventouse);
 Inappropriately delaying performance of an emergency caesarean section;
 Using inappropriate techniques during an assisted or instrumental delivery.
Following delivery, it is essential to ensure that the neonate achieves adequate
oxygenation and should any restrictions in oxygen delivery be identified, the airways
should be appropriately suctioned (to remove inappropriate secretions) and
resuscitation/ventilation undertaken to provide adequate oxygen delivery.
The medical negligence team at Ivor Fitzpatrick & Company have successfully
brought to trial and/or have settled many birth injury claims through establishing that
inadequate obstetric and/or midwifery care during the antenatal period and/or during
labour and the delivery has caused serious injuries such as:
 Cerebral Palsy;
 Other brain injuries;
 Skull fractures, and;
 Nerve injury to a shoulder (Erbs Palsy).

3. 3
We understand that the consequences of a traumatic labour and birth which results
in an injured child are emotionally devastating and we will endeavour to do all that
we possibly can to ensure that the necessary investigations are carried out as
sensitively and as quickly as is reasonably practicable whilst ensuring that the full
information and evidence of the relevant events surrounding the birth are thoroughly
examined. In the event there is reasonable evidence of medical negligence which
has caused any or all of the injuries which may affect your child, we will vigorously
pursue a claim for proper compensation so that your child’s needs are adequately
met.