Bringing a child into the world should be a wonderful and life-changing event and NHS maternity services provide care for mothers, babies and their families at these pivotal times.
Most babies are born without any difficulties but sometimes complications can arise. For example, during a normal delivery sometimes, once the baby’s head has been born, one of the shoulders may become stuck behind the mother’s pelvic bone, preventing the birth of the baby’s body. This is called ‘shoulder dystocia’ and is an emergency situation.
The delivery team need to act quickly because the mother will still be having contractions. This puts pressure on the baby’s neck and body, and will be depriving the baby of oxygen while the delivery is delayed. Fortunately, there are clinical guidelines and several acceptable manoeuvres which the clinicians can use to ensure the baby is delivered as safely as possible.
However, if these appropriate steps and procedures are not followed, a baby may suffer an otherwise avoidable injury. The use of excessive force on the baby’s head to try to free and deliver the shoulders is not acceptable as this can stretch and damage the brachial plexus - a network of nerves that travel from the spinal cord to the fingers, wrists, arms and shoulders. This may result in an Erb’s Palsy, affecting the upper and lower arm, or a Klumpke’s Palsy which affects the lower part of the arm and hand.
A brachial plexus injury can also be caused by a failure to arrange a caesarean section for a large baby which would have avoided the risk of shoulder dystocia or the improper use of equipment to assist the birth, such as a ventouse suction cup or forceps.
While many children ultimately recover from brachial plexus injuries, in some cases they may face a lifetime of disability. Depending on the nature of the damage, a child may require rehabilitation therapy or surgery.
At Jackson Lees, we have dealt with several cases where children have suffered a brachial plexus injury at birth. In one recent case, the child sustained an Erb’s palsy injury and has undergone extensive surgeries over a number of years to help improve the use and range of movement in the affected shoulder and arm. The hospital admitted that excessive traction had been used during their delivery.
It is possible that a brachial plexus injury may occur through no fault of anyone but due to the maternal forces of labour. However, if medical staff have not followed appropriate guidelines or have used excessive force, there may be grounds for bringing a medical negligence claim.
If you or a loved one have been affected by substandard treatment during the birth of your child, you may be able to claim medical negligence compensation or even an Erb's Palsy claim to help you move on from these mistakes and put your life back together.
If you have been affected by any of the problems discussed in this article, please click here for a call back or message us your enquiry.