Birth injury to baby Archives

Cerebral palsy: Medical negligence claims

Posted on 22 March 20251 April 2025 by Sarah O'Sullivan

Cerebral palsy is a neurological condition caused by brain damage, often resulting from complications before, during, or shortly after birth. It can affect movement, coordination, and overall development. While there is no cure, appropriate treatment and support can significantly improve a child’s quality of life.

Is there a cure for cerebral palsy?

There is no cure for cerebral palsy. However, individualised care plans, including therapies, medications, and assistive devices, can help manage symptoms and enhance mobility and motor function. Although cerebral palsy is not progressive, its symptoms may evolve over time.

In severe cases, cerebral palsy can be life-threatening and may reduce life expectancy, particularly when complications arise. People with severe symptoms often require round-the-clock care.

Types and symptoms of cerebral palsy

The NHS identifies four main types of cerebral palsy, each with distinct symptoms:

Spastic cerebral palsy: Stiff muscles and restricted mobility.
Dyskinetic cerebral palsy: Involuntary, uncontrolled movements.
Ataxic cerebral palsy: Poor balance, coordination issues, and tremors.
Mixed cerebral palsy: A combination of the above types.

Common symptoms include mobility issues, muscle stiffness, coordination difficulties, epilepsy, cognitive impairments, and speech difficulties. The severity varies significantly from person to person.

Causes of cerebral palsy

Cerebral palsy results from brain damage, which can occur:

During pregnancy: Due to infections, genetic abnormalities, or oxygen deprivation.
During labour and delivery: From oxygen deprivation (hypoxia or anoxia), birth trauma, or medical negligence.
Shortly after birth: Caused by brain infections, head injuries, or neonatal strokes.

While some cases are unavoidable, medical negligence can sometimes lead to cerebral palsy. Failing to monitor and respond to signs of distress during labour, misuse of delivery instruments, or delayed emergency procedures can contribute to preventable brain injuries.

Risk factors for cerebral palsy

Certain factors increase the risk of cerebral palsy, including:

Premature birth (before 37 weeks)
Low birth weight
Multiple births (twins, triplets, etc.)
Maternal infections or medical conditions
Blood type incompatibility
Placental issues

Healthcare providers should identify and manage these risks to minimize the chances of brain injury.

Diagnosing cerebral palsy

Doctors often diagnose cerebral palsy within the first two years of a child’s life, although mild cases may take longer to identify. Key developmental milestones, like head control, rolling over, crawling, and grasping objects, are closely monitored. If delays occur, further assessments, including brain imaging, may be recommended.

Making a medical negligence claim for cerebral palsy

If you believe your child’s cerebral palsy resulted from negligent medical care, you may be eligible for compensation. Our experienced birth injury solicitors can review medical records, consult independent experts, and determine whether negligence occurred.

Time limits for claims:

Claims can be made on behalf of a child until they turn 18.
After turning 18, individuals have three years to file a claim.
For those with severe cognitive impairments, these time limits may not apply.

We understand the emotional and financial impact cerebral palsy can have on families. Our compassionate team is here to guide you through the claims process and seek the compensation you deserve to support your child’s needs.

Contact us today for a free consultation and to discuss your potential cerebral palsy negligence claim.

Placental abruption signs: Medical negligence claims

Posted on 4 January 202523 March 2025 by Sarah O'Sullivan

Understanding placental abruption: Causes, symptoms, and medical negligence claims. The placenta is the baby’s lifeline in the womb, supplying oxygen and nutrients for proper development. A placental abruption is a serious condition that can pose a significant threat to both mother and baby. In rare cases, it can lead to severe injury or even stillbirth.

If you have experienced complications related to placental abruption and believe medical negligence played a role, you may be entitled to pursue a legal claim.

What is Placental Abruption?

Placental abruption occurs when the placenta partially or completely detaches from the uterine wall before delivery. This can reduce or cut off the baby’s oxygen supply, causing serious health risks. While it is a rare complication, occurring in less than 1% of pregnancies, its consequences can be severe.

Causes and Risk Factors

Although the exact cause of placental abruption is often unknown, several factors can increase the risk:

Previous placental abruption
Abdominal trauma (e.g., car accidents, falls)
Carrying twins, triplets, or more
Pre-eclampsia (high blood pressure during pregnancy)
Uterine infections
Chronic hypertension
Drug use (cocaine or amphetamines)
Smoking

Even without these risk factors, placental abruption can still occur. Pregnant women with concerns should consult their healthcare provider for personalized advice.

Signs and Symptoms of Placental Abruption

The most common signs of placental abruption include:

Vaginal bleeding
Abdominal or back pain
Uterine tenderness
Frequent, painful contractions

In some cases, bleeding may be concealed, meaning blood remains trapped between the placenta and uterine wall. This type of abruption may present with severe pain but no visible bleeding.

Diagnosis and Treatment

Prompt diagnosis and intervention are crucial to ensure the safety of both mother and baby. Medical professionals typically perform:

Physical examinations
Ultrasounds
Fetal monitoring

Treatment options depend on the severity of the abruption and the stage of pregnancy. In severe cases, an emergency cesarean section may be necessary to prevent further complications.

Medical Negligence and Placental Abruption Claims

While most cases are managed effectively, medical negligence can occur if healthcare providers fail to diagnose or treat placental abruption appropriately. Examples of negligence may include:

Delayed diagnosis
Inadequate fetal monitoring
Failure to perform a timely cesarean section
Mismanagement of maternal bleeding

If you suspect medical negligence, you have the right to seek legal advice. At Tees, our experienced medical negligence solicitors can investigate your case and help you obtain the answers you deserve.

How We Can Help

Free Consultation: Discuss your experience with a qualified solicitor.
Expert Investigation: We collaborate with medical experts to assess your care.
Support and Guidance: Our compassionate team supports you every step of the way.

Contact Tees today to explore your options for a medical negligence claim.

Disclaimer: This content is for informational purposes only and should not replace professional medical or legal advice. Consult your healthcare provider for medical concerns and a qualified solicitor for legal inquiries.

Brain injury at birth negligence claims

Posted on 29 December 202223 March 2025 by Sarah O'Sullivan

It is very rare for babies to suffer a serious brain injury at birth. However, the effects can be absolutely devastating and lifelong for babies and their families.

Some signs and symptoms of brain damage can be detected shortly after birth. However, this is not always so and some symptoms may not be apparent until several years later.

Medical negligence claims – baby brain injury due to midwife or doctor negligence

Sometimes, basic errors in care during an otherwise routine pregnancy and labour can, unfortunately, cause or contribute to a devastating birth injury. If the way your baby’s birth was managed caused a brain injury, you may be able to make a claim on behalf of your child to secure financial compensation for their future needs. Research carried out by the Royal College of Obstetricians and Gynaecologists (RCOG) shows that 854 babies suffered a severe brain injury in 2015. Of these babies, 76% might have had a different outcome with better care.

The 2021/22 HSIB Maternity Investigation Report highlighted problems with the inconsistency in guidance across the NHS, and in some areas, a complete lack of any guidance at all. This has led to inconsistency in maternity care across England. Guidelines should protect the health of the mother and baby, and ensure that any problems are detected at an early stage. They cover, for example:

what an initial assessment of the woman should include
the frequency of maternal observations (blood, temperature and pulse)
how the baby’s heart rate should be monitored and how to interpret the results
how frequently vaginal examinations should be performed
the use of pain relief
what should be done if things are not progressing as they might
interventions that may be taken to help deliver the baby.

Doctors and midwives are only human, but unfortunately, when they make mistakes there can be devastating consequences for babies and their families. Sometimes, medical professionals fail to follow the right procedures during labour. For example, any untoward changes in the baby’s heart rate, could suggest that the baby is in distress and, depending on the level of concern, may mandate an expedited delivery. If a caregiver fails to correctly interpret the baby’s heart rate and delivery is delayed, this may mean that the baby has been starved of oxygen for longer than should have been the case and that this has caused brain damage.

Examples of mismanagement after birth may include:

poor management of resuscitation shortly after birth
a failure to treat jaundice
a failure to treat low blood sugar levels promptly.

The most common mistakes tend to occur because of lack of experience, lack of training, poor communication between staff (for example, during a shift change), insufficient staffing levels and fatigue and stress (for example, if the delivery ward is particularly busy midwives might need to look after multiple labouring women at the same time).

If your baby has a brain injury and you are worried about the care you or your baby received, a birth injury claims solicitor can help you find a way forward. Brain-injured babies may have long-term and complex needs, and it is important that any solicitor has the necessary expertise in these cases to help you get the best for your child. Many children with brain injuries go on to lead full and independent lives, but some children may require lifelong care and specialist support (such as adapted housing, equipment and therapy) to help them live their lives to the fullest. At Tees we are committed to helping families get the support and security they need. Our birth injury claims specialists understand what you’re going through, and we can help you get answers about your care. We’ll listen to your experiences, and help you find out what happened.

Caring for women in labour

There are protocols and guidelines that caregivers should follow when caring for women in labour. These are in place to protect the health of the mother and baby and ensure that any problems are detected at an early stage. They cover, for example:

what an initial assessment of the woman should include
the frequency maternal observations (blood, temperature and pulse)
how the baby’s heart rate should be monitored and how to interpret the results
how frequently vaginal examinations should be performed
the use of pain relief
what should be done if things are not progressing as they might
interventions that may be taken to help deliver the baby

Common causes of brain injury at birth

If the brain does not develop properly or if there is damage to the developing brain, this may cause a wide range of physical problems, in addition to behavioural and learning difficulties.

The most common brain injury related to birth trauma is Cerebral Palsy. Cerebral Palsy can occur before birth, during birth or soon after birth.

Problems before birth

Sometimes cerebral palsy can occur before labour and birth. Some things increase the risk of a baby having a brain injury, for example:

problems with the mother’s blood pressure (‘pre-eclampsia’), thyroid, or maternal seizures
maternal infections during pregnancy
multiple births
premature births

Problems during labour

Sometimes cerebral palsy occurs because a baby is starved of oxygen during labour. This is called birth asphyxia. It means that the baby’s oxygen supply or blood flow to the brain was interrupted during birth. Serious complications (acute events) during the early stages of labour or during established labour can interrupt the baby’s oxygen supply. For example:

the placenta separating too early from the uterus (‘placental abruption’)
problems with the umbilical cord
the baby getting stuck in the birth canal and shoulder dystocia (where the baby’s head is born but the shoulder gets stuck).

Serious physical injuries can cause brain injury. If the baby suffers a skull, neck or spinal injury (such as a fracture) this can be very serious. Physical injuries can be caused by physical injury to the mother during pregnancy or by instrumental deliveries such as forceps deliveries.

Doctors might recommend an instrumental delivery if the baby needs help to be born. In very rare situations an instrumental delivery can cause brain injury if the instruments injure the baby’s skull (which is very soft), neck or spine. Such injuries are rare, and may be associated with improper or negligent use.

Problems after birth

Sometimes a baby is born in poor condition and it is important that they receive prompt and appropriate resuscitation. If this does not happen, unfortunately, the baby may be starved of oxygen for too long and may have permanent brain damage.

Other complications after birth include jaundice and low blood sugar levels (‘hypoglycaemia’). Jaundice is relatively common in babies, especially premature babies. It is the yellow colour seen in the skin of many newborns. Jaundice happens when too much bilirubin (a chemical naturally produced by the body) builds up (‘hyperbilirubinemia’). If infant jaundice is treated immediately, there usually isn’t a reason for concern. However, if left untreated, high levels of bilirubin in a baby’s brain can cause a serious condition called acute bilirubin encephalopathy. A very low blood sugar level, if untreated, can also cause cerebral palsy.

For many parents, understanding what happened during their child’s birth – and why – can be extremely important. Whatever caused the baby to be born with a brain injury, it’s an incredibly difficult situation for any parent to go through.

Signs and symptoms of brain injury in babies

The signs and symptoms of brain injury vary and depend on the severity of the injury. Generally speaking, the more serious the injury, the more obvious the symptoms.

Doctors use a grading scale to classify the severity of brain injuries at birth. There are 3 grades: mild (Grade 1), moderate (Grade 2) and severe (Grade 3). More severe injury normally means the initial symptoms and long-term effects will be more serious.

A mild injury (Grade 1 hypoxic ischaemic encephalopathy (‘HIE’)) may not be obvious immediately after a baby’s birth. Parents of babies with mild brain injuries may notice their baby is irritable and has problems sleeping or feeding. Other signs include hyper-alertness or if the baby’s eyes are wide open. Normally, the symptoms of a Grade 1 injury last for the first 24 hours after baby’s birth. If your baby’s birth was particularly difficult, or you suffered complications during delivery, your caregivers may ask you to look out for these symptoms.

Severe brain injuries can cause serious symptoms immediately after birth. These may be immediately noticeable. For example, babies who are born very poorly may be pale and floppy when they’re born.

Symptoms of a moderate (Grade 2 HIE) injury include:

lethargy (low energy, lack of movement)
reduced muscle tone
decreased or absent reflexes (for example, the sucking or gag reflex)
clinical seizures
pale in colour

Babies who suffer a severe (Grade 3 HIE) injury may exhibit the following symptoms:

lack of response to stimulation
unable to breathe independently
low or no heartbeat
lack of muscle tone
pale in colour
clinical seizures.

In very sad cases, a hypoxic brain injury can even lead to a baby’s death.

Treatment for brain-injured babies at birth

When caregivers suspect a baby may be born in a poor condition, a paediatrician should be called. If an emergency situation arises, help should be summoned quickly. However, this often means that midwives, obstetric doctors and paediatric doctors rush to the mother’s bedside. It can be a very frightening experience for the mother, and those supporting her during labour. Ideally, mothers should be told about the potential for such a situation during their pregnancy (however unlikely it may be).

Resuscitation

A paediatrician will be present for the birth in order to resuscitate the baby (if necessary).

Depending on the seriousness of the baby’s condition, they will usually be admitted to a Special Care or a Neonatal Intensive Care Unit. Although this can be frightening for parents, it means that poorly babies get the care and support that they need to help their recovery.

Neonatal Therapeutic Hypothermia (infant cooling)

Neonatal Therapeutic Hypothermia (infant cooling) is a relatively new way of treating brain-injured babies at birth. It involves lowering the baby’s body temperature. Research suggests that this can improve the chances of babies starved of oxygen at birth from developing serious brain injuries, such as cerebral palsy.

Oxygen deprivation to the brain can cause a ‘cascade’ of neurological injuries. It causes gradual death of brain cells which in turn can cause brain injury and, in very sad circumstances, it can cause the baby’s death. Cooling therapy works by slowing down your baby’s metabolism, which slows and prevents the death of brain cells following oxygen deprivation. Cooling cannot, however, reverse the brain injury that has already occurred.

If your baby suffered a serious case of oxygen deprivation, they may be ‘actively cooled’. Your baby may be placed on a special cooling mat, or have cooled packs placed around them, to reduce their body temperature. The baby will be looked after in the neonatal care unit and cooled to 33C for 3 days after birth. Alternatively, your baby may be ‘passively cooled’, a process which involves taking early steps not to warm the baby up. Doctors may recommend removing the baby’s bonnet or turning off the heater to keep her/him cooler.

Both treatments are time-sensitive, and guidelines recommend cooling to start within 6 hours of birth. Although infant cooling is relatively new, early research suggests it is effective in improving the chances of brain-injured babies.

Unfortunately, not all brain-injured babies are candidates for infant cooling. Doctors might not recommend it if the baby is premature, has a very low birth weight or has a serious problem with their heart or lungs.

Imaging

If your baby suffered a brain-injury at birth, your doctors should offer an MRI scan or CT scan of the head. These tests examine the baby’s brain and can show signs of injury to the brain. Scans provide doctors with a detailed image of your baby’s brain and skull, and can show if there is bleeding or swelling, ischaemic brain tissue or fractures to the skull.

Prognosis for babies with a brain injury

Every baby is different and their prognosis will depend on the extent of the damage, where the damage occurred and what treatment they received.

It is usually hard to say what the likely course of any future disability may be until the child is older and how, and to what extent they have responded to therapies and support. However, in many cases there are long-term physical, in addition to learning and/or behavioural difficulties. In some cases, the child may also suffer epilepsy.

Children with cerebral palsy usually need life-long support from a multi-disciplinary team, which may include a Paediatrician, a Neurologist, a Neuropsychologist, an Orthopaedic Surgeon, Physiotherapists, Occupational Therapists, Speech and Language Therapists, social workers, educational psychologist, a mental health specialist. It can be very difficult to access but such therapies and support are known to significantly improve outcomes.

Some children will grow up to be capable of independent living and meaningful employment. Others, sadly, will not.

Life expectancy also varies enormously. Many children with a mild brain injury will have a normal life expectancy. Those at the more severe end of the spectrum will, sadly, have a considerably shorter life expectancy. If you have any questions or concerns about your child’s prognosis you should talk with your caregiver.

If your child has a brain injury and you are concerned about the care you or your baby received talk to our birth injury claims specialists. We’ll listen to your experience and help you find out what happened.

Brain injury at birth terminology

Below is a useful glossary of terms which you might hear in connection with brain injuries at birth.

Where appropriate, these terms are explained specifically in the context of brain injuries at birth.

Hyperbilirubinemia: a condition whereby there is too much bilirubin in the blood
Hypoglycaemia: low blood sugar levels
Hypoxia: where part of the body (in this case, the baby’s brain) does not receive enough oxygen
Hypoxic ischemic encephalopathy (HIE): where the baby’s brain does not receive enough oxygen or blood and it causes a problem with the baby’s health
Hypothermia: a very low body temperature
Neonatal encephalopathy (NE): abnormal signs of brain injury shortly after the baby’s birth
Neurological: relating to the nervous system (the brain, spinal cord and nerves).

Disclaimer: All content is provided for general information only, and should not be treated as a substitute for the medical advice of your own doctor, any other health care professional or for the legal advice of your own lawyer. Tees is not responsible or liable for any diagnosis made by a user based on the content of this site. Tees is not liable for the contents of any external internet sites listed, nor does it endorse any service mentioned or advised on any of the sites. Always consult your own GP if you’re in any way concerned about your health and your lawyer for legal advice.

BBC News – Cheltenham: Baby death prompts change in hospital’s guidelines

Posted on 24 May 202230 March 2025 by Sarah O'Sullivan

A hospital’s guidelines for referring mums-to-be for specialist maternity help have been changed after the death of a baby at a midwife-run NHS centre.

Margot Frances Bowtell was born 14 May 2020 at a unit in Cheltenham but died of a brain injury at three days old.

A report by the Healthcare Safety Investigation Branch (HSIB) found there was a failure to update mother Laura Harvey’s risk assessment after a bleed.

Solicitor Sarah Stocker of Tees Law said: “The midwives failed to follow national, and the hospital’s own, guidelines on multiple occasions during Laura’s labour.”

Read the full article; Cheltenham: Baby death prompts change in hospital’s guidelines.

Cerebral palsy medical negligence cases: How Tees can help

Posted on 17 December 202128 March 2025 by Sarah O'Sullivan

Babies can be born with cerebral palsy despite the highest level of antenatal and obstetric care. Unfortunately, in some cases, severe injury results from medical negligence, where healthcare providers fail to ensure the safety of mothers and babies during pregnancy and delivery. One major cause is the failure to recognize signs of fetal distress, leading to delays in critical situations.

Cerebral palsy medical negligence cases at Tees

At Tees, our medical negligence lawyers are supporting two severely disabled children and their families, striving to ensure they receive the lifetime security they need.

Liam Baker and Kayleigh Smith were both born in 2006 at separate hospitals.
Both children have severe physical disabilities (classified as GMFCS Level 5) and brain damage.
Liam is tube-fed and fully dependent on others, while Kayleigh also has limited vision.
Both experience severe epilepsy and seizures, managed with anticonvulsant medications.

Cerebral palsy during labour: Negligence in healthy pregnancies

Hannah Baker was experiencing her first pregnancy, which was deemed unremarkable.
Tracy Smith had a history of recurrent miscarriages and a previous emergency caesarean section.
Both mothers attended regular antenatal check-ups and raised concerns about limited fetal movement. Despite reassurance from normal CTG readings, problems arose during labour.

Medical experts identified failures in monitoring and timely intervention, resulting in preventable brain damage.

The importance of fetal heart monitoring

Monitoring the baby’s heart rate is critical during pregnancy and labour. A normal fetal heart rate ranges between 110 and 160 bpm.

Bradycardia refers to a heart rate below 110 bpm.
Tachycardia refers to a heart rate above 160 bpm.

Abnormal heart rates can signal fetal distress and oxygen deprivation. In both Liam’s and Kayleigh’s cases, medical experts concluded that fetal heart monitoring was insufficient.

Monitoring failures

Continuous electronic fetal monitoring was discontinued for both mothers after 30 minutes, against best practice guidelines.
NICE guidelines recommend that, without continuous monitoring, midwives should conduct auscultations every 15 minutes for at least 60 seconds.
In Hannah’s case, auscultations were conducted at half-hourly intervals, despite her experiencing severe abdominal pain – a potential sign of placental abruption.
For Tracy, with a history of miscarriage and traumatic birth, continuous monitoring should have been prioritized. Her initial abnormal CTG trace was disregarded, and it took two hours before medical staff intervened.

Detecting cerebral palsy and brain damage after birth

After birth, both Liam and Kayleigh had low Apgar scores, indicating distress.

Kayleigh was floppy and struggling to breathe.
Liam required immediate resuscitation and was placed on a ventilator.

Both children were diagnosed with acute hypoxic ischaemic encephalopathy (HIE), a form of brain damage caused by oxygen deprivation.

The court process for cerebral palsy medical negligence cases

After gathering extensive evidence from independent medical experts, our solicitors instructed a barrister to represent the families. The court process involved:

Statements from the families.
Medical evidence evaluating the timing and cause of brain damage.
Determining whether earlier intervention could have prevented the injuries.

Cerebral palsy compensation

Although neither case has concluded, liability has been resolved. The next step involves determining the compensation amount, expected to reach multi-million-pound settlements to provide lifelong care and support for Liam and Kayleigh.

Free expert medical negligence advice

At Tees, our experienced medical negligence solicitors are dedicated to supporting clients and their families.

If you have concerns about your medical care, we offer free, confidential, and no-obligation consultations. Contact us via our enquiry form or arrange for a home visit if preferred. We’re here to help you through every step of your journey.

Caesarean Section Requests

Posted on 9 December 202124 April 2025 by Sarah O'Sullivan

A report on the variations in practice and procedure across NHS Trusts in the UK

At Tees, we are increasingly supporting women who, despite requesting a caesarean section or raising concerns about vaginal delivery, have been counselled in a way that steers them toward a vaginal birth.

Many of these women are unaware that nearly 40% of births in the UK involve either instrumental assistance or a caesarean section. For first-time mothers, this figure rises to 50%. Furthermore, around 4% of women experience third or fourth-degree perineal tears during childbirth, which can result in life-changing, long-term issues with bowel control and incontinence.

Sadly, many go on to endure traumatic births, often leading to serious and lasting physical and/or mental health problems. In some cases, their babies also suffer injury.

Read Tees Law’s own report

The copyright in this report belongs to Tees Law. Tees Law gives permission for extracts from the report to be used provided a suitable credit to Tees Law is given and a link to the full report published.

In 2018, Birthrights – a charity dedicated to promoting women’s rights in childbirth, published a report into Maternal Request Caesarean (MRCS). These are planned caesarean sections requested by pregnant women without a medical indication.

The report revealed that, despite NICE Guideline CG132, nearly 75% of NHS Trusts did not have written policies supporting a woman’s right to choose a caesarean.

It concluded that “the majority of Trusts in the UK made the process of requesting a caesarean lengthy, difficult or inconsistent, adding anxiety and distress to women at a vulnerable time.” The report called for greater transparency around the variation in policies and procedures between NHS Trusts.

Three years have passed since the Birthrights report was published. With no further research on this issue that we were aware of—and with our Medical Negligence team continuing to support women like Niamh and Anna, who have faced disempowerment and difficulty when giving birth—we undertook our own investigation in May 2021. Our goal was to assess whether practices and procedures regarding MRCS had changed across NHS Trusts since 2018.

Trust failed to advise woman on risks and benefits of vaginal delivery vs. caesarean

Posted on 9 December 202128 March 2025 by Sarah O'Sullivan

Ensuring informed birth choices: The importance of understanding risks.

Childbirth is a significant life event, and while most experiences are positive, complications can arise. Informed decision-making during the antenatal period is crucial to ensure the safety and well-being of both mother and baby.

The need for informed choices

Expectant mothers should receive comprehensive, unbiased information about the potential risks and benefits of various birthing options, including Caesarean sections, vaginal births, and other interventions. This empowers them to make decisions aligned with their individual health needs and preferences.

However, in practice, the risks of vaginal births are often underrepresented compared to those of Caesarean sections. Many women remain unaware that in the UK:

Nearly 40% of women undergo instrumental delivery or Caesarean section.
50% of first-time mothers experience these interventions.
4% of women suffer third or fourth-degree tears, leading to long-term bowel control issues and incontinence.

Lack of comprehensive counseling

At Tees Law, our Medical Negligence team has supported numerous women who faced traumatic childbirth experiences. Despite expressing concerns or requesting a Caesarean section, some were advised against it without a full understanding of the risks of vaginal delivery.

Anna’s story: A preventable trauma

In 2018, Anna (not her real name) suffered a third-degree tear during vaginal birth. Despite having pre-existing bowel difficulties, including slow transit and severe constipation, her concerns about vaginal delivery were repeatedly dismissed. Her visual impairment added to her vulnerability.

Missed opportunities

Throughout her pregnancy, Anna consistently raised concerns:

She was advised to stop taking stimulant laxatives without thorough discussions on alternative options.
Her repeated questions about Caesarean delivery were met with reassurances that vaginal birth was “safest for the baby.”
Risks associated with vaginal delivery were not communicated, despite her history of bowel issues.

When her baby was positioned “back-to-back,” increasing delivery risks, she was still discouraged from a Caesarean.

Traumatic delivery and lasting impact

Anna endured two days of contractions, leading to an instrumental delivery using forceps without an episiotomy. Following the birth, she was informed of her third-degree tear and its consequences, which severely impacted her quality of life.

Despite her long-standing bowel condition, appropriate postnatal care and medication were delayed. She continues to experience bowel urgency, incontinence, and symptoms of Post-Traumatic Stress Disorder (PTSD).

The fight for justice

Anna’s experience is not isolated. NICE guidelines state that if a vaginal birth remains unacceptable to a mother after counseling, a Caesarean section should be offered. However, a 2018 Birthrights report revealed that only 26% of Trusts adhered to this best-practice guidance.

At Tees Law, we are committed to holding healthcare providers accountable for failures in maternal care. Our experienced Medical Negligence solicitors support clients in pursuing justice, ensuring their voices are heard and their rights upheld.

Contact us

If you or someone you know has experienced medical negligence during childbirth, our dedicated team is here to help. Reach out to Tees Law today for expert legal support and compassionate guidance.

Newborn baby boy’s death due to hospital neglect

Posted on 16 February 202130 March 2025 by Sarah O'Sullivan

An Inquest conducted by the Hertfordshire Coroner Service has concluded that aspects of the events leading up to the sad death in hospital of Eddie Coffey, a one-day-old baby boy were so unsatisfactory that they amounted to neglect.

The hearing at Hatfield learned that Eddie Coffey had died in the neonatal intensive care unit at Luton & Dunstable Hospital on 14 January 2019, having been transferred from the Lister Hospital in Stevenage due to major complications following his birth there the previous night.

Eddie’s 30-year-old mother, Hannah Coffey from Hoddesdon, already had a two-year-old child and was seven weeks pregnant with Eddie when, on 29 May 2018, she was assessed by the Lister Hospital as low-risk as regards antenatal care.

In August, Hannah’s history was reviewed during her visit to the hospital’s Consultant Clinic. She was already taking aspirin in view of raised blood pressure during her earlier pregnancy and she was to have third-stage active management with regular blood pressure checks from 24 weeks.

Delivery

On 13 January 2019, Hannah experienced contractions and was admitted to the midwifery-led unit at the Lister. Initial monitoring at 1815 showed that the fetal heart rate was within the normal range and it remained so for over four hours as contractions became more frequent.

At 2240, a large deceleration in heart-rate was noted and the Lister’s Consultant-led unit (CLU) was informed of this. Minutes later, Hannah was transferred to the CLU and a cardiotocograph (CTG) was commenced to monitor fetal heart rate and contractions.

Over the next 10 minutes fetal heart rate was recorded as within normal range, and birth was imminent, so a request for the Registrar to attend was cancelled. Eddie was delivered just before 2330, but his condition was concerning.

Resuscitation

The emergency buzzer was used to call for resuscitation and the neonatal team took over, with the Locum Registrar on call for Paediatrics attending.

Resuscitation was provided using an IPPV ventilator, with cardiac compression, until ETT intubation was ready at 2350. Eddie’s heart rate then fell further, prompting re-intubation with a narrower tube, and his heart rate improved.

At around midnight, the Neonatal Consultant arrived and tests of venous gas indicated metabolic acidosis, a serious electrolyte disorder. Eddie was transferred to the neonatal intensive care unit (NICU), where fluids and medication were administered while ventilation continued.

Suspecting hypoxic ischemic encephalopathy (HIE), a brain damage, the consultant arranged transfer to the NICU at Luton & Dunstable Hospital for possible therapeutic hypothermia treatment. Baby Eddie was transferred there in the early hours but sadly died later that day.

Cause of death

A post-mortem at Great Ormond Street Hospital found that the cause of Eddie’s death was perinatal asphyxia.

A Serious Incident Investigation by East and North Hertfordshire NHS Trust followed. The investigation report concluded that at a crucial time in the proceedings the CTG appeared to have recorded the mother’s heart rate, not the baby’s, thus preventing recognition of fetal hypoxia. This was likewise the opinion of independent expert evidence heard by the Coroner such that earlier identification of Eddie’s condition would have improved his outcome. Such a failing, the Coroner found, amounted to neglect.

“Correct, effective use and interpretation of a baby and mother’s heart rate is helped by a CTG machine but it still needs to be interpreted responsibly and then appropriately acted upon. Here the Coroner determined on all of the evidence that it was neglect to fail to provide such basic care to Eddie and that this may have avoided such a tragic outcome,” said specialist medical solicitor Tim Deeming of Tees Law, acting for parents Hannah and Thom Coffey. “The inquest has been very challenging for the family and whilst we understand that the Lister have been looking to improve, we want to ensure that this does not arise for any other family, especially given the findings from the national Each Baby Counts review and the concerns raised around such preventable outcomes.”

Hannah’s concern for others

“Saying goodbye to our beautiful boy only hours after he had been born has left us all with a hole in our hearts from which we will never recover,” Hannah Coffey reflects.

“Not for a moment did I imagine that we could arrive at hospital with a healthy baby and leave without him in our arms. Like many expectant parents we put our trust in the care we would receive.

Knowing that a lack of competence in the use of vital medical equipment could affect other families in a similar way is driving us to raise awareness of the need to ensure proper training and use of equipment to help save the lives of other babies.”

NHS Early Notification Scheme (ENS)

Posted on 20 July 202024 March 2025 by Sarah O'Sullivan

The NHS Early Notification Scheme investigates the events surrounding the birth of a child who has suffered potentially severe brain injuries (most commonly cerebral palsy) at birth.

This process means families can find out what happened and why relatively quickly after birth. An advantage of proceeding under the ENS is that the facts are fresh in everyone’s minds and it reduces the stress for the family. Where negligence by clinical staff is established, an apology is offered to the family and financial support and advice are given to help them care for their child throughout the child’s lifetime. Read more about the NHS Resolution Early Notification Scheme.

Does the Early Notification Scheme cover all brain injuries at birth?

No. Not all cerebral palsy cases fall within the Early Notification Scheme – the Scheme is limited to those that fall within the reporting criteria and guidelines. There are three categories that the ENS can work on:

grade 3 Hypoxic Ischaemic Encephalopathy (HIE) – which is if the baby’s brain is deprived of sufficient oxygen and blood flow;
babies who were therapeutically cooled by a clinician using active cooling – this can prevent HIE by lowering the baby’s temperature to 33 degrees Celsius; and
circumstances in which the baby is comatose or has seizures or has hypotonia (decreased muscle tone), which can cause them to be ‘floppy’.

Information about the categories are available on the NHS Resolution website.

Birth injury claims that fall outside of this scheme take many more years to investigate. In introducing the Early Notification Scheme, NHS Resolution acknowledges the need for families to avoid going through a lengthy and stressful legal process.

Is cerebral palsy covered by the Early Notification Scheme (ENS)?

Cerebral palsy is a common birth injury in the UK, but it is complex to diagnose its cause. Cerebral palsy may be diagnosed as a result of one of the circumstances listed in the three ENS categories, but at least one of those must be present for the ENS to apply.

Cerebral palsy is caused by an injury to the brain which can occur: if the brain fails to develop normally in the womb; or if there is a problem during the birth, or just after the baby is born. Establishing the precise cause of cerebral palsy is complex, and you should always seek specialist legal advice if your child has suffered a brain injury around the time of his or her birth.

What if my child’s case is not eligible for the Early Notification Scheme?

If this has happened, it is because the brain injury that your child suffered at birth, wasn’t within one of the three categories that the ENS covers. However, this is not a barrier to making a medical negligence claim.

Call us so we can help you find out what happened, and if there are grounds for a medical negligence case, claim for financial compensation to support you and your child.

Get specialist, independent legal advice

NHS Resolution expects families to seek independent legal advice. We strongly advise that if you have a baby injured at birth, you seek professional specialist legal advice as soon as possible. This is a complex area of law and you will need expert support to navigate it effectively. Our lawyers at Tees can provide you a wide range of support and guidance during the process.

Working out the extent of the brain damage your child has suffered and how that might change in the future is complex. Our legal experts work alongside some of the leading healthcare and accommodation experts in the country to make sure all future eventualities are considered. Our aim is to secure a full financial compensation package to ensure your child’s future needs are met and he or she can achieve his or her full potential.

Funding your claim

Our specialist solicitors will provide an initial free assessment of your claim. We work on a no win, no fee basis or arrange legal aid (where possible), so there’s no need to worry about costs.

How does compensation help?

If your baby has sustained a brain injury, this is of course extremely upsetting. While compensation cannot directly make that better, it can help immensely with the practicalities of day-to-day life. Once funds have been secured, you can pay for the care you child will need, which is likely to include:

medical treatment and/or physical therapies
a package of care
equipment, such as a wheelchair or specialist computers for communicating
building work to adapt your house so it is suitable for your child’s needs, so that they can move around freely as they grow older.

Our lawyers work with case managers who will ensure your family has access to support in the community. We can liaise on your behalf with a range of providers who can provide care, rehabilitation and general support; these include a range of charities and public and private care facilities.

Financial support all in one

At Tees we have independent financial advisers who can advise on the management of the compensation fund to make sure there are sufficient assets to provide lifelong care and support for your child. With expert management, the funds can be managed to ensure they don’t run out.

If your child is unlikely to be able to manage their financial and legal affairs in the future, they will need a Court appointed Deputy. This is something we can help with.

We can also help you set up a Personal Injury Trust to manage the money and protect any family entitlement to means tested benefits. If you would like us to, one of our specialist lawyers can be a trustee of this trust (alongside you) so we can continue to support you as you make future decisions.

Life changing settlement for boy born with cerebral palsy due to midwife negligence

Posted on 16 March 201828 March 2025 by Sarah O'Sullivan

Tees secured a life-changing settlement for the family of a boy who suffers from cerebral palsy as a result of medical negligence during his birth. This case highlights significant failings, particularly a lack of communication and information sharing within the NHS, which was pointed out in the recent HSIB Maternity Investigation Report.

Miles’ story: The impact of medical negligence

Miles was born with severe cerebral palsy due to a lack of oxygen during his birth. He suffers from quadriparesis (muscle weakness in all four limbs) and relies on a specialised wheelchair. Additionally, he has a severe learning disability and experiences seizures related to his condition.

Tees successfully proved that Miles’ birth injury was the result of medical negligence. Key errors by the medical team included:

Improperly set up monitoring equipment
Failure to monitor Miles’ heart rate during labour
Failure to recognise signs of distress
Delayed caesarean section

These mistakes led to brain damage and neurological disabilities, resulting in oxygen deprivation (asphyxia) at birth, a condition that can cause lasting brain injuries, and in severe cases, stillbirth or death.

Tees secured a substantial settlement on behalf of Miles and his family, offering closure about what transpired during his birth. The settlement provides Miles with the resources necessary to improve his quality of life. The family has since moved into a specially adapted home that meets Miles’ needs, and he now has access to essential care services, equipment, and therapies.

The birth story: A chain of failures

Sam’s pregnancy had been routine, and she was considered to have a low-risk pregnancy by her midwives. As the due date passed, she and her partner eagerly anticipated meeting their child. Confident in the proximity of the hospital, Sam chose a home birth.

However, as labour progressed, Sam became concerned about the irregular and intense contractions. She attempted to track them but struggled. Her partner called the hospital for advice, and a community midwife arrived at their home. At this point, Sam had been in labour for several hours, and her contractions were erratic. She had not felt the baby move since the early morning. The midwife recommended they go to the hospital for an evaluation. Trusting the midwife’s guidance, Sam agreed, and they made their way to the hospital.

Upon arrival, Sam felt a glimmer of hope when she felt the baby move. However, hospital staff seemed unaware of Sam’s situation, despite the midwife having called ahead. After being shown to a maternity room, Sam and her partner were left without any support as the midwife searched for necessary equipment. The delay lasted over an hour, with Sam in increasing pain and anxiety building.

When the monitoring equipment was finally found, it was discovered that it was improperly set up. The monitor had no straps to secure it, and the midwife attempted to make do by using disposable underwear to hold it in place. The equipment continued to slip off, and Sam later learned it had been set up incorrectly. This led to inaccurate information about Miles’ condition in the womb for a critical period.

After several hours of labor with no progress, a doctor recommended an immediate caesarean section. Unfortunately, the caesarean was delayed for nearly an hour, which led to oxygen deprivation during delivery. Miles was born covered in meconium and struggled to breathe, requiring intubation and immediate transfer to a special care unit. Sam was devastated, learning that Miles had only an 80% chance of survival. Fortunately, he survived, but the traumatic birth left him with lifelong challenges.

A family’s lifelong struggle

The traumatic birth has changed the family’s life permanently. Miles will require lifelong care, as he will never be able to live independently or work. Understanding the medical negligence involved, Sam sought legal advice from AvMA (Action Against Medical Accidents) and contacted Tees to pursue a claim.

Tees took on the case and successfully demonstrated that Sam’s care during labour was substandard. We proved that with appropriate care, Miles would have had a significantly better chance and, based on the evidence, would not have suffered cerebral palsy.

If you or a loved one has been affected by cerebral palsy due to medical negligence, contact Tees to learn how we can help with cerebral palsy claims.