A maternity brain damage claim seeks compensation for a preventable brain injury before, during or after your child’s birth. If your baby suffers a brain injury through a lack of care by a medical professional, you may have grounds for a medical negligence claim.

A baby can suffer a brain injury due to complications during birth in hospital. You may have a claim for hospital negligence if your baby suffers maternity brain damage when the hospital breaches its duty of care to you.

A No Win No Fee medical negligence solicitor handles your case if you have a maternity brain damage claim.

maternity brain injury claim

Table of Content

What is a maternity brain injury claim?

A maternity brain injury claim is when you make a claim for compensation against the hospital responsible for damage to your child’s brain before, during or after giving birth.

You seek compensation for the care needed for the baby today and in the future. A brain injury to a baby could lead to life-long complications with high medical bills and constant care. The costs of providing for your baby will be high if they suffer medical negligence at birth. Childbirth brain injury claims seek compensation for these costs.

Medical negligence is medical care below that any other medical professional acting at an acceptable level would provide. When your baby suffers maternity brain damage, the injury could be due to poor pregnancy care, delivery errors, or failure to deal with infection post-delivery.

Your No Win No Fee birth injury solicitors can look at your case and see if you have a valid maternity brain injury claim for compensation.

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Common claims for brain injuries at birth

Common claims for brain injuries at birth range from not noticing a problem with the baby’s heartbeat tracing (known as a pathological CTG or an abnormal CTG) which shows the baby is in distress due to a lack of oxygen to failing to spot the signs of infection to errors when delivering the baby. A brain injury to a baby will have serious consequences for the baby and the family.

You may be able to make a birth injury claim if your child suffers a brain injury due to medical negligence when having your baby.

Common childbirth brain injury claims for brain damage are:

  • Inadequate monitoring during labour leading to brain damage
  • Errors during delivery of baby causing brain injury
  • Cerebral palsy from maternity brain damage
  • Failing to treat Strep B in a timely manner
  • Delays in diagnosing Hydrocephalus
  • Kernicterus due to failure in maternity care
Common maternity brain damage claims

Inadequate monitoring during labour leading to brain damage

Inadequate monitoring during labour leading to brain damage is a very common claim in maternity negligence cases.

The maternity staff should be fully trained in all aspects of monitoring the baby in the womb and the implications of alerts when a mother is due to give birth.

If the baby’s heart rate starts to rise or oxygen levels begin to drop, there could be a need for an immediate intervention. Maternity brain damage can result from restrictions in the oxygen flow, and the baby must be delivered quickly when under stress.

A cardiotocography (CTG) will show patterns which show if the baby is in distress due to a lack of oxygen. Features such a slow heart rate, fast heart rate or decelerations occurring late after a contraction can be signs of a pathological (dangerous) CTG which means the maternity staff are on notice there is a problem and the baby may need to be delivered quickly by a means such as an emergency C-Section.

The team should monitor the baby from the early signs of labour and continue to do so until the child is delivered.

Failure to monitor the baby or inadequate monitoring could lead to maternity brain damage and a birth injury compensation claim.

Errors during the delivery of the baby causing brain injury

Errors during the delivery of a baby causing brain injury are the likes of delays in delivering a baby, poor delivery methods, and not intervening for a Caesarean birth in time.

A steady supply of oxygen before, during and after birth is essential to newborns, who could suffer brain damage if they are without oxygen for too long.

The hospital should employ trained, fully qualified, and experienced staff to deal with all types of births. Most brain injuries at birth and during delivery are preventable; staff should recognise the danger signs well in advance.

Your child could suffer the results for life, and you may be able to claim compensation for the medical negligence.

Cerebral palsy from maternity brain damage

Cerebral palsy from maternity brain damage is another very common claim in hospital negligence cases. Cerebral palsy leaves a child with complex needs for life, and a significant cause is maternity brain damage. 

A child in a breech position it will likely need to be delivered by Caesarean section. Failure to recognise a breech birth can lead to complications in delivery, with Cerebral Palsy a possible outcome. 

If you notice the signs of Cerebral Palsy in your child and suspect it is the result of a maternity brain injury, you could have a medical negligence claim for compensation.

Are you eligible for compensation?

If you want to obtain compensation for the negligence you have suffered, we have a simple 3 step process to make sure you get the money you deserve

  • Take our online assessment & speak with our team

  • Our team of doctors and lawyers will undertake a full medical review based on your medical records

  • We will send a legal letter of claim and our solicitors will pursue your compensation on your behalf

All case reviews are 100% cost and commitment free.

Failing to treat Strep B in a timely manner

Failing to treat Strep B in a timely manner can see a minor infection becoming a serious one and even putting the child’s life at risk. 

Strep B is an infection present in most mothers, and a course of minor antibiotics should prevent it from spreading to the unborn baby in the womb or during birth. 

If the child does contract Strep B, the hospital staff should treat it immediately. Strep B can cause complications such as a brain injury but is preventable when the obstetric staff do their duty. 

Lifelong brain injury can result from a simple, preventable infection such as Strep B, and you can claim compensation if the hospital fails to diagnose and treat a Strep B infection.

Delays in diagnosing Hydrocephalus

Delays in diagnosing Hydrocephalus can lead to the condition becoming worse and causing maternity brain damage in your child. Hydrocephalus is a buildup of fluid on the brain which can be drained if caught in time. 

The buildup of fluid will put pressure on the brain, causing maternity brain damage. Infection can occur if there are errors in keeping the shunt clean, which can also lead to brain damage. If the shunt gets blocked or is not fitted correctly, the fluid will not drain, increasing the pressure on the brain. 

A No Win No Fee solicitor can make your maternity brain damage claim for compensation.

Kernicterus due to failures in maternity care

Kernicterus due to failures in maternity care, can lead to severe brain damage and a shortened life expectancy. A baby can develop Kernicterus when high levels of bilirubin build up in the blood and cross into the brain.

A baby showing signs of neonatal jaundice should be treated accordingly to prevent Kernicterus. Failing to spot or treat the symptoms properly can cause brain injury and affect your child for life. 

If your child suffers a brain injury before, during or after birth, you may have a compensation for maternity brain damage claim.

Compensation for maternity brain damage claims

You can seek compensation for maternity brain damage claims in amounts from the low £10,000s to over £10 million in some cases.

The compensation in birth injury claims varies depending on several factors, and maternity negligence claims sometimes see very high awards, such as when a misdiagnosis leads to a severe brain injury and a lifetime of unnecessary suffering, intensive care, and chronic pain.

Compensation amounts in maternity brain damage claims can be:

  • Missed diagnosis of Hydrocephalus – £250,000
  • Brain injury due to infected shunt – £1.5 million
  • Brain injury due to lack of oxygen at birth – £2.1 million
  • Brain injury due to failure to treat Strep B infection – £2.5 million
  • Cerebral palsy due to maternity negligence – £23 million
compensation claim calculator

All amounts are approximate and are only a guide to what is possible in maternity brain injury negligence claims. Figures can be high in some claims as a child could need long-term care, and you may face medical bills for life. You claim for these care expenses and the medical costs in the future. 

As in all medical negligence claims, each case is dealt with on merit and how much the patient suffers due to the medical complications. 

A No Win No Fee medical negligence solicitor will be the one to advise you on a maternity brain injury negligence claim. They will know from experience what your case may be worth and how to make a successful claim. 

Your No Win No Fee medical negligence solicitor will handle your maternity negligence claim for compensation and for all damages incurred.

Our Process

Our team members have a higher career win rate with a 75% success rate on NHS letters of claim, compared to an industry average of 54.5%.

Enquiry

The first step is to get in touch and tell us what went wrong. It’s free and easy. Call our 24-hour helpline: 0800 246 1122 or request a callback here.

Medical Evaluation

Once you have spoken with our team we’ll let you know how we can help. Typically the next step is to obtain your medical records for us to review.

Legal Letter

Once all your medical records have been received they will be reviewed by a medically & legally qualified member of our team. If there is evidence of medical negligence we will send a letter of claim to the negligent party outlining your medical negligence claim.

What can you claim for when you sue for maternity brain injury negligence?

You can claim compensation for any damages that occurred when you sue for maternity brain injury negligence. 

There are two types of compensation damages due when suing for any type of medical negligence: General damages and Special damages.

General damages are when you sue for the pain, suffering and loss of amenity, PSLA, you have experienced due to negligence. 

  • Pain is that above what is normally expected for your procedure 
  • Suffering is the inconvenience and changes to your life that cause you discomfort
  • Loss of Amenity is any difficulty you have in doing everyday tasks, such as walking, sitting, playing sports, and sleeping

Special damages include loss of earnings, future care costs, and out-of-pocket expenses. 

  • Loss of earnings includes compensation for time off work and any reduction of your income in the future 
  • Future care costs are for any care you will need as a result of medical negligence 
  • Out-of-pocket expenses cover medical appointments, travel, accommodation, and meals 

Be sure to keep payslips, receipts, and proof of any losses you experience due to the medical negligence.  

You deserve compensation to cover all losses, including loss of life, medical costs, and long-term care needs. 

When your loved one suffers from the effects of maternity brain injury negligence, you make a claim for maternity negligence compensation.

medical negligence compensation types

Effects of a brain injury at birth

The effects of a brain injury at birth may be obvious, even in the hospital after delivery, while others may take time to develop in your child. Your child will suffer different effects depending on the severity of the brain injury. 

Serious effects of a brain injury at birth can lead to the baby needing intensive care immediately, while other effects may only become clear when the child goes to school. 

The effects of a brain injury are:

  • Learning disabilities
  • Behavioural issues
  • Shortened life expectancy
  • Difficulties in walking
  • Paralysis
  • Quadriplegia
  • Unable to live an independent life
  • Heart issues
  • Sight and hearing loss
  • Speech and language difficulties
  • Developmental delays
  • Difficulties in sitting, standing, and walking
  • Self-care problems such as dressing and using the bathroom
  • Cerebral palsy
  • Epilepsy

There are many effects of a brain injury at birth, and some children develop many of the effects, while others may only exhibit one or two difficulties. An early diagnosis and therapy can lead to improvements as the child grows and develops mentally and physically. 

If your baby suffered a brain injury at birth, you may have a claim for medical negligence compensation.

How do birth injuries occur?

Many birth injuries occur due to difficulties in delivery when the baby receives reduced amounts of oxygen. Birth injuries can also occur due to an untreated infection or errors made during delivery.

Staff should monitor both the baby and mother before and during delivery. Trained staff should know when and how to intervene when the baby’s oxygen levels go below safe levels. 

  • Strep B infections go undiagnosed and untreated

  • The umbilical cord is wrapped around the baby’s neck
  • A breech baby is not delivered by Caesarean section
  • Oxygen levels are not monitored
  • A distressed baby is not delivered after delays in labour
  • The baby’s head becomes stuck during delivery
  • Delivery doctor misusing forceps on baby

  • Delays in delivering a baby after due date

Birth injury negligence UK

A significant cause of birth injuries at birth is a lack of trained and experienced medical professionals on duty in the delivery ward. A fully-trained doctor or midwife will have the experience to handle most birth complications and will know when and how to intervene. 

A No Win No Fee medical negligence solicitor will look at your case and see if you have a maternity brain damage claim for compensation against those responsible.

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How frequent are brain injuries at birth in the UK?

Brain injuries at birth are not very frequent in the UK, yet they still happen, and a newborn baby could suffer for life from maternity brain damage. Brain damage at birth can occur due to poor care before the birth, errors during labour and failures in postnatal care.

NHS statistics show the frequency of brain injury at birth and highlight that brain injuries do happen, and you should be aware of how they happen if your child is diagnosed.

Brain injury at birth, per annum:

  • Infants born with a brain injury in the UK – 3,445
  • Total live births in the UK – 664,399
  • Rate of brain injury per 1,000 live births – 5.19

Incidence of different types of maternity brain injury: 

  • HIE, reduced blood oxygen in newborn babies – 1.5 cases per 1,000 births
  • Ischaemic stroke – 1 in 2,300 births per year
  • CVT stroke – 2.6 in 100,000 births per year
  • Brain bleeds in newborns – 3 per 10,000 births per year
  • Central nervous system infections in newborns 0.39 per 1,000 births per year
  • Kernicterus – 7.1 per 100,000 births per annum

Maternity brain damage can happen, and if your baby suffers from the effects of a brain injury at birth, you might have a claim for medical negligence compensation.

Contact The Medical Negligence Team

Contact the Medical Negligence Team today to discuss your maternity brain damage claim for compensation. We have both the legal and medical experts to guide you along the steps to a successful medical negligence claim for compensation. 

At the Medical Negligence Team, we fight every compensation claim on a No Win No Fee basis. You will not be out of pocket for an unsuccessful claim. 

We have a very high success rate and a reputation for a speedy and successful resolution to all medical negligence cases. 

Our 100% Compensation Guarantee puts all the money you win into your pocket. You or your loved one suffered due to maternity negligence and deserve every penny of the compensation claim.

Contact us at the Medical Negligence Team for all your medical negligence needs.

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