Birth injury evidence

What evidence do families need in a birth injury claim?

A clear guide to the records and evidence that help investigate possible birth injury claims.

Clinical negligence analysis

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Quick answers

This page explains the evidence usually needed in birth injury claims. It is general information only.

Why the records matter

Birth injury claims are chronology-heavy. Small details in maternity and neonatal records can affect whether care was reasonable, whether escalation should have happened sooner and whether the outcome was avoidable.

Core maternity evidence

Important maternity documents include antenatal notes, risk assessments, triage records, labour notes, partograms, CTG traces, drug charts, observations, escalation notes, obstetric reviews and delivery records.

Neonatal and paediatric evidence

Important neonatal evidence may include Apgar scores, cord blood gases, resuscitation notes, neonatal observations, blood results, imaging, infection records, jaundice records, transfer notes and paediatric follow-up.

Internal investigations and family evidence

Complaints, serious incident reports, root cause analysis documents and correspondence can be helpful. A family timeline can also capture what was noticed, said and remembered before details fade.

Expert evidence and future needs

Expert evidence may cover breach of duty, causation, condition, prognosis, care, therapy, accommodation, equipment, education and life expectancy depending on the injury.

Sources used

This page is informed by NICE fetal monitoring in labour guidance, NICE cerebral palsy guidance and NHS cerebral palsy information. See NICE: Fetal monitoring in labour, Cerebral palsy in under 25s and NHS: Cerebral palsy.

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