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You are in: Home Page | Personal Injury | Medical Negligence Claims | Birth Injuries | Birth Defect Compensation

Birth Defect Compensation

What are Birth Defects
Maternal Diabetes
Erbs Palsy / Brachial Plexus Injuries
Cerebral Palsy
Ventouse / Forceps Delivery
Congenital Hip Dysplasia
Episiotomy / Second and Third Degree Tears
Pre Eclampsia
Uterine (Placental) Abruption
The Future of Birth Defects
Making a Compensation Claim

What are Birth Defects

As well as being excited about having a baby, most parents to be also worry that something may be wrong with their baby. 

Although most pregnancies end with the birth of a healthy baby, in some cases complications can arise during both pregnancy and delivery and these problems may result in temporary or permanent injury to the baby.  In some cases there is also injury to the mother.

As a result of these complications there are a considerable number of babies who are born with a birth defect which can sometimes be life threatening.

A birth defect can be described as an abnormality present at birth which results in physical or mental disability. 

Half of all abnormalities are defects of limbs, heart and spinal cord.   The most common kinds of defects are those affecting the limbs (arms and legs).  These include missing or extra fingers or toes and abnormalities such as club feet.

The next most prevalent category of defect is heart abnormalities.  Common heart defects include "holes in the heart". 

The third most common kind of defect affects the spinal cord, such a spina bifida.

Others defects commonly observed include those affecting the face such as cleft lip and palate.    There are also major chromosomal abnormalities such as downs syndrome.

The use of ever more sophisticated ultrasound scanning has made it a lot easier to detect a defect prior to delivery, but this is dependent upon the ultra sonographer performing the scan correctly. If the scan is correctly performed it can detect about 50% of abnormalities before birth.  Spina bifida for example can be diagnosed very accurately.  Blood tests are also helpful in detecting certain abnormalities.

It is when a birth defect that should have been diagnosed before birth goes undetected due to perhaps an inadequate ultrasound scan, as a result of operator inaccuracy,  inexperience, or incompetence,  or misreading of blood tests, that you should consider consulting a  Solicitor, as there may have been medical negligence.

These cases are pursued on the basis that had the parents been made aware of the defect, they would have terminated the pregnancy and not suffered the birth of a child with a physical or mental disability.  These cases are known as "wrongful birth" cases.

To succeed in such a case you have to prove that the birth defect should have been detected whilst the baby was in the uterus by proper testing, and that had it been detected the pregnancy would have been terminated.  This is often the case for serious birth defects. 

The compensation in these cases includes the extra costs of bringing up a child with a significant disability, which can include behavioural disabilities as well as physical disabilities.  The aim of the compensation is to provide financial compensation for the disabled person and the family, because most children with birth defects require professional care, occupational therapy, physiotherapy and other therapies to treat them.  The argument is that had the defect been diagnosed ante natally, the parents would have terminated the pregnancy and would not incur the costs of the professional care and therapy the baby requires.

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Other Birth Defects

Other birth defects can be caused by failure to manage the pregnancy and labour with due care.

For example:

Maternal Diabetes

If a pregnant woman has or develops diabetes, it can affect the developing baby throughout the pregnancy. There is an increased rate of miscarriage if diabetes develops in early pregnancy, and the birth defects that can develop affect major organs such as the brain and heart.

In the circumstances, women who are at high risk of develpoing gestational diabetes, ie if there is a family history, should be screened for gestational diabetes as early as possible during their pregnancies. The screening usually takes the form of a glucose tolerance test.

Babies whose mothers developed gestational diabetes are vulnerable to several chemical imbalances, but, in general, the major problems of gestational diabetes include large babies, which can lead to a birth injury, due to the baby's large size and difficulty being born.

Often there is a failure to recognise the signs that show a woman is at risk of developing this condition.

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Erbs Palsy / Brachial Plexus Injuries

This is the term given for an injury to the nerves in the neck of the baby,  which often occurs when there is a failure to acurately assess whether a baby can be safely delivered vaginally.  It occurs because the baby’s shoulders get stuck and it is an obstetric emergency, which can result in the death of the baby, if not dealt with urgently. 

Although it sounds barbaric one of the ways of dealing with the situation is to break the baby’s collarbone, if delivery can not be effected by opening up the birth canal and changing the mother’s position.  The shoulder bone usually repairs itself without any problems.

However, sometimes the baby is delivered but the brachial plexus is damaged.  This means that the the nerves that control the muscles in the shoulder, arm, or hand are damaged. Any or all of these muscles may be paralyzed.

Many babies with these injuries are larger than average at birth, and it is important to recognise whether there is a risk of this occurring prior to birth, and preparing for it, either by assisted delivery with an episiotomy or in extreme cases a caesarean section.

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Cerebral Palsy

This is usually the result of a brain injury that occurred at the time of delivery due to the baby being deprived of oxygen.  For more information refer to our Cerebral Palsy page.

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Ventouse / Forceps Delivery

Sometimes the baby gets stuck in the birth canal and assistance is required to complete the delivery.  The assistance is usually the use of either forceps or ventouse, which should be gently applied to the baby’s head and the baby is then pulled out rather than being pushed out by the mother.  It is often the case that assistance is required because the baby has become distressed and needs to be delivered quickly.  In those circumstances, it is often a choice between a forceps or ventouse delivery or a caesarean section.

There is however a problem with the use of forceps as they can cause bruising and there is also a risk, although rare, that the facial nerve is damaged, causing a palsy, so that the baby's mouth droops at one corner.

It is important that the right choice of assisted delivery is made, because the wrong method of assisted delivery can result in visibly bad scarring.  We have recently dealt with a case for a young girl who suffered horrific scarring to her scalp as a result of the incorrect use of a ventouse.  It is important that the Ventouse cup is only applied in specific circumstances.

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Congenital Hip Dysplasia

Congential hip dysplasia is a condition which affects the shape of the hip joint. The condition is commonly found in babies or young children.

It is usually the result of genetic factors, but the precise cause is unknown.

Therefore all newborns and infants are routinely screened for hip dysplasia, by a variety of methods, but there are occasions where there is a failure to diagnose.

The most important method to show hip deformity is an ultrasound scan of the hip, but this depends upon the competence of the ultra sonographer.

If the dysplasia is picked up in the first few months of life, it is usually treated with bracing.  However, in a few cases, surgery is necessary to put the hip back in joint.

Unfortunately, children who are not diagnosed at birth, and until some years later, can experience a less successful outcome and may require more complicated surgery to repair the problem, therefore early detection and treatment before complications occur is extremely important.

For more information refer to our Congential Hip Dysplasia page.

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Injuries to the Mother

In addition to injuries to the baby, the mother can suffer the following problems:-

Episiotomy /Second and Third Degree Tears

An episiotomy is a small incision that is made into an area called the perineum. This makes it easier for the area to stretch to allow the baby’s head to be delivered without difficulty.

Generally an episiotomy is only performed in an emergency situation, such as when the baby needs to be born quickly due to the baby being in distress, or to protect the mother from serious tears during delivery or if the mother has to have an assisted birth such as forceps delivery.

An episiotomy will need stitching afterwards and this is usually performed by the Midwife.  Sometimes complications can arise due to a failure to perform an episiotomy leading to significant tearing, which then causes problems because they are inadequately repaired.  Third degree tearing can cause problems to the anal sphincter and lead to incontinence.

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Pre Eclampsia

Pre-eclampsia is a serious complication, which is due to a defect in the placenta.  The placental is the conduit between the mother and baby and supplies the baby with nutrients and oxygen from the mother's blood.

The problem with diagnosing pre-eclampsia is that it there are generally no symptoms in the early stages and it can only be diagnosed by regular antenatal checks, where the mother's blood pressure and urine are checked.  If it exists, and is not detected, it can lead to the death of both mother and baby.

Therefore it is important that mothers who are most at risk are identified from the signs, which include high blood pressure, protein in the urine and in some cases severe swelling (oedema) in the mother and, sometimes, poor growth in the baby. 

The only cure for pre-eclampsia, once it is has developed in full is to deliver the baby, but this is obviously dangerous for the baby if delivery is very early because of the risks associated with premature birth.

If delivery is not possible because it is too early in the pregnancy, steps can be taken to manage the pre-eclampsia until the baby can be delivered. These steps include making the blood pressure drop, and keeping a close eye on mother and baby. In some cases, hospitalization may be necessary.

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Uterine (Placental) Abruption

This condition occurs when the placenta separates from the wall of the uterus prior to the birth of the baby. This can result in severe, uncontrollable bleeding.

The cause of placental abruption is unknown. However, a number of risk factors have been identified.

The symptoms of placental abruption can include bleeding from the vagina, severe pain in the abdomen or back, and tenderness of the uterus.

Placental abruption is risky for both the mother and the baby. It is dangerous for the mother because of blood loss, loss of clotting ability, and oxygen deprivation to her organs (especially the kidneys and heart).

This condition is dangerous for the baby because of oxygen deprivation.  The baby may die or may be born with damage due to oxygen deprivation. If the abruption occurs well before the baby was due to be delivered, early delivery may cause the baby to suffer complications of premature birth.

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The Future of Birth Defects

Due to continuing advances in modern diagnostic technology there are now far safer and more accurate tests to diagnose birth defects.

Although a number of defects cannot be prevented, the advanced tests and investigations should result in clearer, safer and more accurate diagnosis at an earlier stage, giving parents more time to seek advice and consider their options. 

If this does not happen, we can help with considering the options for obtaining redress for the Hospital’s failings.

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Making a Compensation Claim

If you or anyone you know has suffered from any form of clinical negligence, telephone us now for accurate claim advice.

There are strict time limits in place to make any personal injury compensation claim. For further information, contact us or visit our Questions Answered page.

Thompsons Solicitors are experts in all matters relating to clinical negligence and will be able to advise you as to whether or not you have a valid compensation claim. Our specialist clinical negligence lawyers will be happy to talk you through the process of making a claim in plain English and will be happy to answer any questions or queries you may have.

Telephone us now on 08000 224 224 or complete one of our online personal injury compensation claim forms.

For more information visit our Clinical Negligence Information Page

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