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Every year in the UK, many women unfortunately have to make birth injury compensation claims, but sadly, many women whose baby is born with a birth defect, are unlikely to be able to claim for clinical negligence.
A birth injury occurs during labour, as a result of staff negligence or lack of training, which causes the baby an injury that they would otherwise not have had if the labour had been attended to correctly. A birth defect develops in the womb, and is sometimes congenital, but occasionally is developed due to a mother's poor health choices, such as drinking alcohol.
Parents may be able to claim medical negligence compensation for a birth defect if the hospital had been aware, for instance, of the mother being an alcoholic or any other "at risk" case, and yet failed to monitor her and the baby's progress throughout pregnancy.
Alternatively, a hospital may be found liable if tests on a baby more at risk of birth defect were not undertaken after the birth, resulting in further damage to the child.
Warnings against alcohol
In 2007 it was agreed between the Government and the alcohol industry, that by the end of 2008 the majority of bottles containing alcohol would carry warning labels to make customers aware of health risks.
However, in 2010, the Department of Health reported that only 15% of alcoholic drinks had all five warnings which had been agreed on, including one directed at pregnant women, or those trying to conceive.
It was suspected by authorities that only 19% of drinks would have health labels on them by the end of 2010, raising concerns about having to introduce legislation to get the alcoholic drinks industry to move quicker with the labelling of bottles or cans of alcohol.
In a report by The Independent online, the chair of the Alcohol Health Alliance UK was noted to have said, "With 85 per cent failing to meet their own agreed standards, we surely cannot waste another three years before bringing in a mandatory code that forces them to give the public the information they deserve."
The Department of Health website does warn pregnant women against drinking alcohol and if staff are aware of a woman's alcohol or drug abuse problem, help and support should be offered before, during, and after her pregnancy
Affects of alcohol on an unborn baby
When a pregnant women drinks alcohol, it is transferred to the baby through the placenta. Not only is this bad for the baby's health, it may also hinder the delivery of oxygen and nutrients to the foetus, which also takes place by way of the placenta.
A foetus is especially vulnerable to birth defects in between the third and eighth week after conception, but drinking alcohol at any point during a pregnancy could cause the baby to suffer brain damage, Foetal Alcohol Syndrome, and many other defects which the hospital staff cannot be blamed for.
Want to make a birth injury compensation claim?
If your baby has suffered a birth injury, or has experienced an increase in birth defect-related health problems after tests were not carried out by staff post birth, then you could claim compensation for medical negligence.
To see if we could help you with your birth injury compensation claim, fill in our short online claim form, use live help, or ring on 0800 10 757 95.
