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When a baby dies from birth injuries shortly after delivery it is a tragedy that no parent would wish to contemplate, so when it happened to a couple in Edinburgh in 2009 they naturally wanted the circumstances of their child's death investigated. If it could be proved that the labour team involved in the birth were negligent or that the delivery was mishandled then the parents would have the right to make a claim for birth injury compensation.
The baby girl died three days after delivery, having received spinal injuries at some point during the forceps labour. It was alleged that the parents asked for a caesarean section as they believed the mother may have been too small to safely give birth to the baby (a condition known as cephalopelvic disproportion) which weighed 9lb 5oz, but that their request was refused.
A spokesman for the health service involved said at the time, "This tragic death is being investigated by the procurator-fiscal as part of the routine procedures for a death in hospital, while our own rigorous internal review, which is also standard procedure in such circumstances, is nearing completion."
Cephalopelvic disproportion and birth injuries
Cephalopelvic disproportion (CPD) is the medical term used when it is believed that a baby's head will not fit through the mother's pelvis. However, the misdiagnosis of CPD accounts for many unnecessary caesarean deliveries around the world and much has been written about how a normal vaginal delivery can be achieved in all but very specific circumstances where a woman has severe pelvic damage due to injury perhaps or has experienced childhood malnutrition such as rickets.
It is extremely difficult to pre-diagnose CPD before labour as there are certain variables active during birth that may affect the outcome of vaginal delivery.
If a labour is not progressing, the delivery team may choose to intervene with various methods such as forceps or ventouse. In exceptional circumstances when the mother or the baby is deemed to be in significant danger through continuation of vaginal delivery, a caesarean section may be undertaken to deliver the baby expediently.
Compensation for birth injuries with the experts at YouClaim
Any medical intervention carries a risk of injury, none more so than birth intervention. If you feel that intervention in your labour has been carried out negligently and has caused birth injuries, you may be able to make a birth injury compensation claim.
We understand the pain and distress of birth injury claims; our medical negligence solicitors are amongst the most experienced in the country and are governed by the regulations of the Law Society.
Whilst the complexities of birth injury medical negligence claims preclude us from stating that you will not be charged any legal fees, we assure you that we will advise you of any charges before you commit to them and in a won case we will always endeavour to reimburse you.
If you wish to discuss birth injuries, please call our confidential helpline now on 0800 10 757 95 or you can request a more convenient time when we can call you back. Alternatively, fill in the online claim form and we will look into your compensation claim before we call you to discuss it further. Above all, at YouClaim we are here to help.