Delay in delivery

Our investigations have proven that many children who are diagnosed with cerebral palsy could indeed have avoided their injuries, had they been born sooner.

During labour, you should be monitored closely by the medical staff on the Delivery Suite. The management of your labour should be overseen by midwives and if necessary, obstetricians. During this time, the medical staff caring for you need to make sure your labour is progressing well and that your baby is not suffering any distress. Unfortunately, problems can arise and the medical staff need to ensure that they are able to manage these problems correctly.

If the midwives and doctors are concerned about your baby’s welfare, an emergency caesarean section may be required to deliver the baby. Any delay in delivery can have potentially catastrophic consequences. An emergency caesarean section may be needed in circumstances such as if your baby's heart rate is dropping or slowing down, there has been a lack of progress or there are concerns about maternal condition.

Claims can arise where the medical staff have not monitored the mother and baby properly during labour, or even where they have monitored the mother and baby, but have not recognised that there are problems. Also, delays in delivery can occur where a decision has been made to deliver the baby by emergency caesarean section but then there is a delay in transferring the mother to theatre and physically delivering the baby. Unfortunately, delays in delivery can result in the baby suffering from a lack of oxygen, leading to a brain injury.

As part of our investigation, our solicitors will instruct a Consultant Neuroradiologist to review any MRI scans that have already been performed to see if they can identify the likely timing of when the brain injury occurred.

We will then work closely with midwifery and/or obstetric experts to consider the standards of care afforded to mum in the run up to delivery of the baby. We will try to piece together a timeline to see if it can be shown that the baby should have been delivered sooner, and before the brain damage occurred.

If the injury could have been avoided, our solicitors will provide advice on the next stages of your claim with the aim of getting you the compensation that you deserve.

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