Birth Injury Claims

The birth of a child is meant to be a joyous occasion, but complications during pregnancy, labour, or delivery can sometimes result in serious injuries. A diagnosis of cerebral palsy in your child can be devastating, especially if you suspect it was caused by medical negligence.

At Taylor Rose, our dedicated medical negligence team is here to support you in seeking justice and compensation if your child’s condition may have been preventable.

Understanding Cerebral Palsy

Cerebral palsy is a lifelong condition that affects movement, muscle tone, and coordination. It can range from mild to severe, with some children experiencing only minor difficulties and others needing extensive care throughout their lives. While cerebral palsy is not progressive (meaning it doesn’t get worse over time), it can significantly impact a child’s quality of life.

Causes of Cerebral Palsy: Medical and Negligence-Related Factors

Cerebral palsy can occur for various reasons, many of which are not preventable. However, in some cases, it may be caused by mistakes made by healthcare professionals during pregnancy, labour, or the immediate postnatal period. Understanding the different potential causes is crucial when investigating a birth injury claim. Below are some common causes of cerebral palsy that may involve medical negligence:

1. Lack of Oxygen to the Brain (Hypoxia/Asphyxia)

One of the leading causes of cerebral palsy is hypoxic-ischaemic encephalopathy (HIE), which occurs when the baby’s brain is deprived of oxygen during labour or delivery. This can be caused by:

Delays in performing a caesarean section (C-section) when the baby shows signs of distress.

Failure to monitor the baby’s heart rate effectively during labour.

Umbilical cord complications, such as prolapse or a tight knot.

Improper use of forceps or a vacuum extractor during assisted delivery.

2. Infections During Pregnancy

Maternal infections, such as rubella, cytomegalovirus, or bacterial infections, can lead to brain damage if not diagnosed and treated promptly during pregnancy. Failure to provide adequate prenatal screening or treatment may be grounds for a claim.

3. Premature Birth and Low Birth Weight

Babies born prematurely or with a low birth weight are at a higher risk of developing cerebral palsy due to underdeveloped organs and systems. However, if medical professionals fail to manage the risks associated with a premature birth appropriately, this can sometimes lead to preventable harm.

4. Jaundice and Kernicterus

Severe jaundice that goes untreated can develop into kernicterus, a condition that can cause brain damage and lead to cerebral palsy. Failure to identify and treat jaundice quickly after birth may indicate medical negligence.

Bringing a Clinical Negligence Claim: What We Look At

If you suspect that your child’s cerebral palsy was caused by medical negligence, it’s essential to understand what is involved in bringing a successful claim. At Taylor Rose, we will conduct a thorough investigation to determine whether the standard of care provided by the medical professionals fell below what is reasonably expected.

Below are the key factors we examine when handling a birth injury negligence claim:

1. Duty of Care

To bring a claim, it must first be established that the healthcare provider owed you and your baby a duty of care. In almost all birth-related situations, this duty is automatically established as doctors, midwives, and other medical professionals are legally obligated to provide competent care.

2. Breach of Duty (Substandard Care)

We will need to show that the healthcare provider breached their duty of care by failing to provide the standard of care that would be expected of a reasonably competent professional. This may involve:

• Reviewing medical records and witness statements.

• Obtaining expert opinions from independent medical specialists.

• Determining whether accepted protocols were followed during pregnancy, labour, or delivery.

3. Causation (Link Between Negligence and Injury)

Even if a breach of duty is proven, it’s crucial to establish that the negligence directly caused or contributed to your child’s cerebral palsy. This can be particularly complex, as there are many potential causes of cerebral palsy that are not related to medical negligence.

We will gather evidence to show that, on the balance of probabilities, your child would not have developed cerebral palsy if the proper care had been provided. This often requires detailed medical assessments and expert testimony.

The Importance of Early Action

Bringing a medical negligence claim can be a lengthy process, and there are strict time limits to be aware of. Generally, you have three years from the date you become aware that medical negligence may have caused your child’s condition to begin a claim. For children, this time limit typically starts from their 18th birthday, giving them until they turn 21 to bring a claim. However, starting the process early is beneficial as it allows us to gather evidence and build a strong case on your behalf.

How Taylor Rose Can Help

At Taylor Rose, we understand how overwhelming it can be to navigate the complexities of a birth injury claim while caring for a child with cerebral palsy. Our compassionate and experienced team is here to support you every step of the way. We will:

Offer a free, no-obligation consultation to discuss your case.

Work on a No Win, No Fee basis, so you don’t have to worry about legal costs.

Provide personalised, expert guidance to help you secure the compensation your family deserves.

If you believe that your child’s cerebral palsy diagnosis may have been caused by substandard care, contact our medical negligence team today. We are committed to helping families get the justice they need and the support they deserve.