Brain damage takes many forms. Here we try to give an example of how a baby can sadly be badly damaged during birth. This is normally called Cerebral Palsy..
Was my baby injured during delivery?
This is a question we are commonly asked. With your medical records to hand, the Medical Experts and Lawyers will look for the following features to substantiate a claim that the baby should have been delivered more quickly e.g. by caesarian section, and that in not doing so, the baby was deprived of oxygen during delivery.
| (a) |
The Obstetric Expert will look for signs of fetal distress during labour. During labour the baby's heart rate is monitored, usually by a CTG monitor. The normal fetal heart rate is between 120 and 160 beats per minute. If the baby's heart rate deviates from this, the medical staff should be alerted to possible fetal distress. The baby, if stressed may open its bowels. This is called "meconium" and can also be a sign of fetal distress.
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| (b) |
The Experts will look for a baby being born in a poor condition, perhaps requiring resuscitation or transfer to the Special Care Baby Unit. Babies are awarded an Apgar score when born. Optimum condition is 10 and an Apgar score of between 0-4 indicates that the baby was born in a poor condition.
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| (c) |
When a baby is deprived of oxygen during delivery, it is irritable when born, and can have fits within the first few days of life. The baby may be marked as "minimal handling" or the parents may be told that the baby has a headache. The baby may be sedated or prescribed anti-convulsants to prevent fitting. The medical term for this condition is "hypoxic ischaemic encephalopathy". |
| (d) |
Finally, the Paediatric Experts look to see whether the baby has gone on to develop cerebral palsy (usually spastic quadriplegia or athetoid cerebral palsy). Cerebral palsy is a disorder of movement, coordination and balance. We have come across cases where the parents have not been told that their child is suffering from this condition. |
| (e) |
Also to note, microcephaly refers to an abnormally small head circumference. If the baby's head circumference was in the normal range at birth with rapid slowing in head (brain) growth after birth, then this may be an important indicator that an insult occurred around the time of birth. Head scanning (MRI or CT scanning) may give important clues as to the origin of the disability. |
If any of the above features are present in the alleged mismanaged birth, then the case warrants further investigation by a specialist solicitor and the child can obtain a Legal Aid Certificate (which will cover the legal costs) in its own right.
For a case to succeed we have to show that the standard of care given by the doctor/hospital fell below an acceptable level and the negligence itself caused the damage or injury.
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