Delivery Mistakes

A medical practitioner is under a duty to provide a reasonable standard of treatment and care. During the treatment of a pregnant woman, during childbirth and after childbirth, this is absolutely crucial to an infant's health. In some cases, delivery mistakes may lead to Cerebral Palsy.

If your child is showing symptoms of Cerebral Palsy or has been diagnosed with one of these serious neurological disorders, it is possible that a mistake during labour or delivery led to brain damage. Cerebral Palsy is a permanent disorder for which there is no cure. Treatment to improve symptoms is possible if you seek medical attention immediately.

To bring a claim it must first be shown that mistakes were made, which in law, amount to medical negligence. Typically mistakes during the birth process will involve Midwives or Doctors failing to take proper account of evidence of a baby's distress whilst still in its mother's womb or in the birth canal.

Medical Negligence can result from...

  • Failing to monitor the mother or child properly
  • Failing to take account of warning signs such as a falling or unhealthy heartbeat, the presence of meconium and disproportionate pain
  • Failing to deliver when it was called for either naturally, assisted (by forceps or ventouse for example) or by caesarean section
  • Inappropriate use of forceps, causing a haemorrhage due to excessive force


If it is likely that mistakes were made, it then has to be shown that those mistakes probably caused the birth injury. To establish this we look for the following:

First, signs of a baby's distress during the delivery and at birth. These can include indications such as:

  • Abnormal or dipping heart beat on the CTG monitor
  • Low APGAR scores at birth
  • Poor blood analysis results
  • Poor colour at birth
  • Poor heartbeat
  • A delay in natural breathing
  • Admission to SCBU
  • Convulsions in the first day or days after birth
  • Discharge from hospital will almost certainly be delayed

Secondly, for a birth injury claim it has to be shown that the child has a pattern of injury that is associated with a lack of oxygen or oxygenated blood supply whilst still in the womb or birth canal.

Thirdly, we will look for evidence of other organ damage such as damage to the kidneys or heart. These organs are also vulnerable to injury resulting from a deprivation of oxygen.

For further information on how MyInjuryLawyer can help with a Cerebral Palsy claim, please call us free on 0800 043 4299.