When a brain injury occurs at birth, families are forced to process an incredible amount of information during an already traumatic time. One of the most pressing questions is whether the injury could have been avoided. Finding this out requires in-depth review of clinical care across pre-natal, labour and delivery stages, and the following questions help form the basis of a case.
Was There Adequate Monitoring Throughout Labour?
Continuous foetal monitoring during labour exists for a practical reason. It allows medical professionals to detect signs of distress, from lack of oxygen to concerning heart rates, and respond before problems become permanent. However, monitoring alone is not enough. The interpretation of those results and the decision making based on them is of greater importance from a legal standpoint. The data is irrelevant, it’s how the doctors responded that determines whether the injury was preventable.
Where the records show that concerning patterns were detected but no action was taken, this may be considered a deviation from the reasonable standard of care expected from a competent professional. In addition, where the records show the medical professional failed to even acknowledge concerning patterns, this serves as wilful ignorance of the facts.
Were There Preexisting Factors That Complicated Labour and Delivery?
Not every pregnancy carries an equal clinical risk factor. When certain conditions are diagnosed during the antenatal period, a higher level of caution should be exercised and an effectively documented care plan needs to be created. Where there are unavoidable risk factors, the labour and delivery team should be on higher alert for intervention, expanded monitoring, and immediate actions if required.
The question is whether these risks were communicated to all members of the clinical team and incorporated into the delivery plan. For families with concerns over how the known risk factors were handled, seeking advice on a Brain Injury At Birth Claim could help determine if the appropriate standard of care was issued or not. Gaining clarification on what options are available can help families achieve justice. Failure to communicate between team members, especially in high-risk pregnancies, is a breach of the duty of care owed to both mother and child.
Was the Timing of Delivery Appropriate?
The decision to continue pregnancy or intervene early with an induction has significant clinical impact. Continuing pregnancy when there are complications needs sufficient documentation to support the decision. However, intervening too early can also cause harm to the baby and requires clinical indicators that this was the best decision.
No matter if the child suffered due to lack of oxygen because the delivery was left too late, or they were caused another injury due to premature birth, both situations will need strong, documented evidence that the decision was made in the best conscience based on all available information. Professionals need to evaluate whether the decision meets the legal standards of care. This is determined by asking if another reasonable doctor would have made the same decision.
How Did Professionals Handle Unexpected Circumstances?
Complications are not uncommon during labour and delivery, and medical teams are well trained on how to respond to them effectively. What is questioned, however, isn’t whether a complication occurred, it’s whether the response met the reasonable standard.
If complications weren’t escalated quickly enough or if adequate personnel wasn’t called in, leading to the denial or proper medical support, these failures could have directly contributed to the injury sustained. Brain cells deteriorate quickly without oxygen. Even seemingly minor delays could cause unforeseen issues during emergencies. Since there are policies in place that provide reasonable guidance, this is an objective measurement through which to assess clinical response.
What Do the Medical Records Show?
Medical records are the foundation of any birth injury claim. They document the decisions made during labour, the details observed and any actions taken. What an independent medical review expert will pay attention to are gaps in this information, inconsistencies in what families say happened and what medical records indicate and information that isn’t documented at all but should have been.
Families have every right to request their entire maternity records. The sooner these records are obtained, the better. Over time people struggle to re-create memories and records may be discarded or unavailable if too much time passes. When gaps are shown between people’s memories and medical documents, they can highlight things that weren’t handled properly or vital monitoring that wasn’t taken seriously. Those gaps demonstrate that appropriate care standards were missed, which becomes an important component in subsequent legal claims.
Finding Out Answers
Understanding whether the birth injury was preventable isn’t always easy to distinguish, but it’s imperative that it’s established one way or another. It requires independent reviews of medical records and comparisons between the care given and the legal standard required. An expert can determine whether failures were present and if so, consider how well they were handled.
For families navigating this process, gaining legal guidance from a solicitor early on helps them establish whether there’s validity to a claim and what the process entails moving forward. Families are entitled, not only to answers, but also compensation that allows them to care for their child.
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