Could my baby’s brain injury have been prevented?
Posted on
If you’re reading this, you may be going through one of the most difficult experiences any parent can face. Your baby’s birth didn’t go as planned, and now you’re dealing with injuries that could affect your child’s entire life.
Not every difficult birth is preventable, but brain injuries caused by mismanaged labour or delayed caesarean sections are never acceptable.
We spoke to the Managing Partner of local Canberra law firm MEJ, Kate Waterford, about parents’ rights to compensation for the lifelong support needed for any child who suffers an injury due to medical negligence.
“Parents often come to us feeling uncertain and guilty, wondering if they’re overreacting,” says Kate. “But if your instincts are telling you something went wrong during your baby’s birth, that’s worth taking seriously. Trust matters, and when that trust in the healthcare system is broken, families deserve answers.”
Making sense of what went wrong
Having a newborn can be a stressful and emotional time, regardless of your birth experience. Considering what may have gone wrong during the birthing process can be both confronting and time consuming.
Here’s a few key notes to help you.
Hypoxia occurs when your baby’s brain is starved of oxygen during birth. When labour isn’t managed carefully, this oxygen deprivation can cause devastating, lifelong injuries including cerebral palsy, quadriplegia, or muscle stiffness and spasticity in the arms or legs.
These outcomes are heartbreaking for families, but compensation can fund the therapies, equipment, and ongoing care that will make a real difference in your child’s life.
Signs that your birth may have been mismanaged
You might have sensed something was wrong during labour, or perhaps you’re only now piecing together what happened. It ‘s hard to trust your gut instincts without facts to back it up.
Kate explains: “We see patterns in birth injury cases. There’s many common warning signs which show up in the medical records, and a baby suffers lasting harm as a result, that’s when negligence becomes clear”
Here are some signs that your birth may have been mismanaged, which may sound familiar:
- Delayed response to foetal distress: CTG monitoring showed your baby was struggling, but staff didn’t act quickly enough.
- Delayed caesarean section: hours passed between the decision to perform an emergency caesarean and when it actually happened.
- Improper use of instruments: forceps or vacuum extraction were used incorrectly, or used when they shouldn’t have been.
- Failure to monitor properly: inadequate monitoring during labour meant warning signs were missed.
- Shoulder dystocia mismanagement: your baby’s shoulder got stuck during delivery, but staff didn’t follow proper protocols.
- Umbilical cord complications: cord prolapse or compression wasn’t addressed urgently.
If your baby was born with low APGAR scores, needed resuscitation, or showed signs of hypoxic-ischaemic encephalopathy (HIE), these are serious red flags.
Your baby’s medical records will show whether hospital staff followed proper protocols. An independent expert review can determine whether the standard of care was breached.
What to look for after a delayed caesarean
The uncertainty is one of the hardest parts for any parent with a newborn. Early signs of brain damage in newborns include seizures in the first 24 to 48 hours, difficulty feeding or swallowing, weak cry or unusual muscle tone, and developmental delays as your baby grows.
If you think you or your child may have suffered during the birthing process, there are several important steps to take. Of course, you may need medical advice – you should connect with doctors and other health practitioners to understand what happened and what treatment or care your child may need. Document everything you remember about the labour and delivery whilst it’s still fresh in your mind, as details fade quickly, especially when you’re exhausted and overwhelmed. Make sure your child receives thorough neurological assessments and early intervention services, as early support can make a significant difference. Finally, seek legal advice promptly, as time limits apply to birth injury claims and early investigation helps preserve crucial evidence.
You or your lawyer can request both your medical records and your baby’s, including the CTG traces that show your baby’s heart rate during labour.
“The sooner families seek legal advice, the more options they typically have,” Kate notes. “We work with leading medical experts who can objectively review what happened and tell families honestly whether negligence occurred and what injuries may have occurred as a result.”
If medical negligence caused your child’s injuries, compensation can provide funding for therapies and treatments, specialist equipment and home modifications, 24/7 care support as your child grows, compensation for loss of future earning capacity, and recognition of pain and suffering. This compensation isn’t just about money – it’s about ensuring your child has every opportunity and support they need throughout their life.
Your instincts as a parent matter. If something feels wrong about your baby’s birth, that’s worth exploring. You’re not being difficult. You’re not overreacting. You’re being a good parent who wants the best for their child.
