Birth Injuries Explained: A Practical Guide

Introduction

Birth injuries can have significant and lasting consequences for a child or mother.

This Guide explains what birth injuries are, the different types of birth injuries that can occur during childbirth, how to bring a birth injury claim and the relevant time limits. It also considers how birth injuries can arise, particularly where medical negligence may have occurred.

What is a Birth Injury?

A birth injury, otherwise known as birth trauma or neonatal trauma, is an injury suffered by a mother or baby before, during or shortly after the birth of the child.

Birth injuries can affect both the child and the mother. Examples include conditions such as Cerebral Palsy in a baby or a severe perineal tear (4th degree tear) suffered by the mother during delivery.

In some cases, the effects of a traumatic birth are not only physical. The experience itself, together with the consequences of the injury, can also lead to significant psychological trauma for parents and some family members.

What are the Different Types of Birth Injury?

There are numerous types of birth injuries and varying levels of severity. The most common types are detailed as follows:

Cerebral Palsy

Cerebral Palsy is a lifelong neurological condition that often affects development, movement, coordination, development and muscle control.  Although not always caused by events during birth, Cerebral Palsy can sometimes occur where there has been an inadequate supply of oxygen to the baby’s brain during labour or delivery. Symptoms and severity can vary from person to person, but commonly include:

• Muscle weakness

• Poor coordination

• Developmental delays

• Difficulties with movement and speech

Hypoxic Ischemic Encephalopathy Brain Injury

Hypoxic-Ischaemic Encephalopathy ("HIE") is a critical medical condition that can lead to brain injury and may occur prior to, during or shortly after birth.

HIE arises when the brain is deprived of adequate oxygen or blood supply. HIE can be caused by labour and delivery issues, maternal health factors and neonatal factors. While some new-borns will fully recover from HIE others may have neurological or development issues as a result.

Long-term effects of HIE can include Cerebral Palsy, Epilepsy, difficulties communicating and sensory issues. The severity, and ultimate prognosis, will depend on the duration of oxygen deprivation during labour or pregnancy and the treatment provided after birth.

Brachial Plexus Injury

The Brachial Plexus is a group of nerves responsible for movement and sensation in the arm and shoulder.

During delivery, these nerves can sometimes be damaged, particularly if excessive force is used while assisting the baby’s birth.

Depending on the severity of the injury, symptoms may range from temporary weakness to permanent paralysis. In some cases, surgery may be required.

Erbs Palsy

Erb’s Palsy is a specific type of Brachial Plexus injury affecting the arm and shoulder.

It can occur during difficult deliveries and may result in weakness, loss of movement or reduced sensation in the affected arm.

Can Forceps cause Birth Injuries?

In some cases, sadly yes. Forceps may be used during labour to assist with the safe delivery of a baby. While often necessary, their use can sometimes result in injuries such as:

• Bruising

• Facial nerve damage

• Facial paralysis

Some injuries resolve naturally, while more serious cases may require medical treatment or surgery.

What is a CMV Infection?

Cytomegalovirus ("CMV") is a common herpes virus that, in most healthy people, causes no symptoms. However, if a pregnant woman contracts it, it can be passed from mother to baby during the pregnancy, leading to a congenital CMV infection. While many babies with congenital CMV develop normally, some may experience long term health issues. CMV is actually the most common congenital infection in Ireland, affecting approximately 1 in 150 to 200 births. Despite that prevalence, there is no universal antenatal screening for CMV in Ireland.

There are several indicators of a congenital CMV infection that present in the baby before or at birth. They include:

• Drop off in growth velocity of baby in the womb

• Jaundice (yellowing of the skin or eyes)

• Microcephaly (an abnormally small head)

• Low birth weight

• Hepatosplenomegaly (enlarged liver or spleen)

• Rashes or bruising

• Seizures

For congenital CMV, antiviral therapy, ideally started immediately at birth, has been shown internationally to reduce morbidity, particularly hearing loss and neurodevelopmental impairment.

The long-term outcomes of untreated congenital CMV include:

• Progressive bilateral hearing loss

• Global developmental delay, affecting cognitive, motor, and social abilities

• Motor and coordination difficulties

• Significant speech and language delay

Can Fatal Injuries occur during birth?

Sadly, fatal injuries can occur during pregnancy, labour or shortly after birth. These may include stillbirth, neonatal death or maternal death.

Fatal injuries can be classified as a birth injury, depending on the circumstances.

How do I bring a Birth Injury Claim?

To bring a Birth Injury Medical Negligence claim it will be necessary to provide evidence that:

The standard of care you received fell below that of a competent physician of the same level and this negligence caused injury to your child.

How long do I have to bring a Birth Injury Claim?

Birth injury claims can be made by parents at any time up until a child’s 18th birthday. Thereafter, the child has two years to instigate a claim themselves.

Why Choose Lavelle Partners for Birth Injuries?

Birth injuries can be traumatic, and mothers or children who have suffered serious injuries need expert support, ideally from the earliest stages of their recovery.

At Lavelle Partners, our dedicated team of specialist Birth Injury Solicitors can support you through every step of the process.

With over 35 years of experience in handling complex Medical Negligence & Personal Injury cases, our firm is committed to achieving the best possible outcomes for our clients.

Further Information

For expert guidance on making a claim for a Birth Injury, please contact Partner Avril Scally or Solicitor Grace Molloy in our award-winning Medical Negligence & Personal Injury Team.