Quick answers
This page explains common issues in neonatal brain injury claims. It is general information only.
How neonatal brain injury claims arise
Potential claims may involve oxygen deprivation before or during birth, delayed delivery, inadequate resuscitation, failure to monitor a deteriorating baby, neonatal infection, untreated severe jaundice or delayed transfer to specialist neonatal care.
Cerebral palsy and hypoxic injury
Not every case of cerebral palsy is caused by negligence. NICE guidance recognises that cerebral palsy has different possible causes. Legal investigation focuses on whether avoidable care failures probably caused or materially contributed to the injury.
Early neonatal care
After birth, timely recognition of breathing problems, low blood sugar, infection, jaundice, seizures or abnormal observations can be crucial. The neonatal notes and escalation records may be as important as the labour records.
Long-term needs
Where injury is serious, a claim may consider lifetime care, therapies, education, equipment, accommodation, case management and financial protection. The aim is to understand the child's practical needs over time.
Evidence needed
Important evidence includes maternity notes, CTG traces, cord gases, Apgar scores, resuscitation notes, neonatal charts, blood tests, imaging, EEG records, transfer notes and paediatric neurology evidence.
Sources used
This page is informed by NICE cerebral palsy guidance, NICE fetal monitoring guidance and NHS cerebral palsy information. See NICE: Cerebral palsy in under 25s, Fetal monitoring in labour and NHS: Cerebral palsy.