An interruption in the oxygen supply to a baby either before, during, or just after their birth can lead to irreversible and significant life changing injuries.
The risk of this happening increases if medical staff fail to keep a close eye on both mother and baby right up until a baby is safely delivered.
Perfectly normal pregnancies can end in tragedy. The lack of oxygen at birth can occur in a number of emergency circumstances:
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- The baby’s heart rate shows signs of abnormality. Signs of distress in the baby in the latter stages of a pregnancy or during labour must trigger a medical response. This should initially be keeping a close eye on a CTG monitor to see if their heart rate stabilises. If not, it is critical for maternity staff to follow national guidelines which are in place to prevent catastrophic injuries and to save lives
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- A natural birth may be pursued when a timely caesarean section is the safest option. The circumstances may be that there are red flag symptoms communicating the need for a timely delivery to prevent a traumatic outcome. It may be that the baby is too large to safely deliver vaginally. The delivery method should be discussed and planned with the baby’s safe delivery front of mind
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- In some pregnancies inducing the labour may be the correct medical intervention to avoid risky delays leading to the baby’s oxygen supply being compromised
The risk of delays when time critical action is required
The race against time is real in situations that may lead to a baby’s oxygen supply being reduced – or stopped altogether. When warning signs present themselves, such as the baby’s heart rate showing abnormal results, a baby getting stuck during a vaginal delivery, or other medical signs that a different time sensitive approach is needed, any delay will increase the risk of serious harm.
The lack of oxygen linked to brain damage
A consistent oxygen supply is critical to the body’s functioning. When a baby’s oxygen supply is limited or interrupted, for even a short period of a few minutes, brain damage can start to occur.
Time critical medical intervention may be delayed for a number of reasons:
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- Failing to properly monitor mother and baby reducing the opportunity to spot any danger signs
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- Not recognising, or ignoring, clear signs that a baby needs to be delivered quickly to prevent a permanent injury
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- An emergency situation not being escalated to the right medical expert
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- A mother’s concerns being dismissed or ignored, for example, a reduction in the baby’s movement or bleeding
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- Senior medical staff not acting timeously on serious concerns raised by more junior members of the team
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- Recognising the red flags signalling the need for urgent medical intervention – as set out by national guidelines – and doing nothing until it is too late
When oxygen starvation occurs over even a short period, the consequences will likely result in a lifelong disability.
Brain damage signs
The severity of the injuries caused when a baby is deprived of its critical supply of oxygen before, during or just after their birth are evident immediately:
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- Floppiness
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- Not breathing / struggling to breath
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- Discoloured skin
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- Seizures
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- Not crying
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- Grunting noises
The brain damage is permanent at this stage and cannot be reversed. The severity and impact of serious harm of this type can take many years to fully understand.
Cerebral palsy caused by oxygen starvation at birth
For some families, their child’s avoidable brain damage during a pregnancy, in labour, or just after their baby’s delivery, can lead to cerebral palsy.
This is a lifelong disability and can affect up to all four limbs. Alongside complex mobility issues, cerebral palsy may also have an impact on speech and language, hearing, behaviour, and learning.
It is a complex condition and in the most serious cases, will mean 24 hour lifelong care. Families are likely to recognise some of the signs of cerebral palsy many years before a formal and full diagnosis can be provided:
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- Missed or delayed developmental milestones
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- Stiff/rigid or floppy limbs
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- Fidgety, jerky, or clumsy movement
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- Random, uncontrollable movement
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- Difficulties with finer motor skills such as picking up a crayon or clapping
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- Difficulties with speech and / or swallowing
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- Unusual posture
In order to fully understand the impact of CP on an individual, and in turn understand their lifelong care needs, it is not unusual for a formal diagnosis to only be provided at the age of four or five.
Avoiding brain damage at birth
An irreversible injury due to a lack of oxygen at birth can be avoided. When the right level of maternity care is provided, a baby can be delivered safely if the danger signs are properly and promptly acted on.
Any and all injury can be prevented when the right medical steps are taken on time. When the worst has already happened, families are entitled to know what happened. They should have transparent answers about why their child suffered a serious injury and their child is entitled to compensation.
Compensation after brain damage caused by oxygen deprivation
Some families may face the challenge of a lack of transparent answers from their hospital. When a child is displaying obvious signs that something is not right, it is every family’s right to get to the bottom of what caused it.
If medical errors are suspected, even in situations when families are advised that nothing more could have been done to improve the care given, a specialist solicitor should be instructed.
The legal process will thoroughly investigate the maternity care provided and prove whether the injury could have been avoided. The process will also reveal clear answers and secure the compensation a seriously injured child needs.
Brain damage caused by oxygen deprivation means that care needs are likely to be complex, and costly.
Interim payments can be secured for families while the legal process is progressed to prove and settle a claim. Contact our experts today, we are here to listen and help.