Birth Trauma Awareness Week is a powerful reminder of the lasting consequences that failings in maternity care can have - not just in the days and weeks after birth, but for a lifetime.
At Russell-Cooke, our medical negligence team represents several children who have suffered catastrophic brain injuries during birth. These injuries, often the result of avoidable mistakes, can change the course of a child and their family’s life forever.
One such case involves a young boy, now a teenager, known as B. His story illustrates how a momentary lapse in clinical judgment can lead to devastating consequences. During B's delivery, early signs of foetal distress were not acted upon in time. The maternity team failed to perform an emergency caesarean section when it became clear it was needed. By the time they intervened, his head had become impacted. In attempting to release it, an incorrect technique was used, fracturing his skull. The resulting haemorrhage caused a significant brain injury.
What made B’s case especially complex is that the extent of his injury was not immediately obvious. For years, he appeared to develop normally. It wasn’t until he began suffering from seizures - seizures which have since increased in severity and cannot be controlled with medication that it became clear that he had a permanent brain injury. Now, his only hope of stopping the seizures which impact on his everyday life, may lie in brain surgery with no guarantee of success and the potential to cause further damage.
Thanks to legal aid - the only form of public funding still available for medical negligence claims involving babies with brain injuries - we were able to pursue a full investigation into the circumstances of B’s birth. With this support, we instructed experts in midwifery, obstetrics, neonatology, paediatric neurology, and neuroradiology. These specialists provided the vital evidence we needed to demonstrate that B’s injuries were avoidable and caused by substandard care. Ultimately, the NHS Trust admitted full liability, and a court judgment has been entered in B’s favour.
The legal process does not end with proving fault. For children like B, the focus then shifts to understanding what support will be needed over their lifetime. Legal aid funding has enabled us to begin this process, securing interim payments so B’s family can access the therapies, equipment, and care he currently needs. B has a normal life expectancy but will require lifelong support.
During Birth Trauma Awareness Week, we stand with families affected by birth injuries. Their stories matter, and they must be heard. This case is just one example of why birth trauma must be treated with the seriousness it deserves. It is a stark reminder that the effects of negligent maternity care can take years to fully emerge, but their impact can be profound and permanent. It also underlines the critical importance of legal aid in ensuring families have access to justice and essential expert evidence - support that enables them not only to seek accountability but also to secure a more stable future for their children.
This case study was included in our Responsible Business Report 2024-5.
Get in touch
If you would like to speak with a member of the team you can contact our medical negligence solicitors by telephone on +44 (0)20 3826 7517 or complete our enquiry form.
