Birth Injuries and Cerebral Palsy overview
Birth Injury and Cerebral Palsy Claims Process
Maternal Injuries
Funding
Cerebral Palsy
Erb's Palsy
Shoulder Dystocia
Brachial Plexus Injury
Complete Brachial Plexus Injury
Cerebral Palsy
Cerebral palsy is a broad term which encompasses many different movement disorders. There are three main types of cerebral palsy: spastic (stiff and difficult movement), athetoid (involuntary and uncontrolled movement) and ataxic (disturbed sense of balance and depth perception).
Although the cause of cerebral palsy in a new-born child is often obscure, it is well documented that certain types of cerebral palsy are associated with oxygen deprivation to the foetus during labour, causing brain damage.
Broadly, cerebral palsy of the spastic quadriplegic type is associated with prolonged partial oxygen starvation during labour, while athetoid (dyskinetic) cerebral palsy is likely to have been caused by a severe acute episode of near-total oxygen starvation. However, this is an over-simplification. Hemiplegic cerebral palsy, and intellectual disability without spasticity can also be due to oxygen starvation during labour.
Expert evidence from paediatric neurologists, neonatologists and neuroradiologists will be required to determine the likely link between any incident during labour and the type of disability suffered.
Erb’s Palsy
Erb’s Palsy is a type of brachial plexus injury, often caused by excessive traction or force being applied to the baby’s head during labour. It often results from the complication of Shoulder Dystocia.
Erb’s Palsy is a paralysis of the fifth and sixth cervical nerves. The arm will be turned in towards the body, the elbow does not bend, and the hand is turned backwards in what is known as a “waiter’s tip” position. Erb’s Palsy may found a claim for negligence in certain circumstances.
Compensation can be substantial dependent on the degree of disability and claims for compensation usually fall into two main categories:
- failure to arrange a caesarean section in cases where shoulder dystocia should have been anticipated because the baby was unusually large and/or the mother’s pelvis too small; and
- negligent handling of shoulder dystocia as a result of failure to follow established protocols such as manoeuvring and changing the baby’s position, repositioning the mother, applying pressure to the pubic area, emergency caesarean section and deep episiotomy cut. In exceptional circumstances it can involve breaking the baby’s arm or the mother’s pelvis.
Shoulder Dystocia
Shoulder dystocia occurs during labour when the baby’s shoulder gets trapped behind the mother’s pelvic bone. As a consequence, the baby may be injured during delivery, injuries ranging from a broken arm or clavicle to a much more severe Brachial Plexus Injury.
The necessity to exert traction on the baby’s head can lead to injury, and if excessive force can be shown to have been used, negligence can be established.
Brachial Plexus Injury
The brachial plexus is a network of nerves running from the spine to the fingertips. Injury to the brachial plexus can occur during birth as a result of excessive traction or force being applied to the baby’s head during the course of delivery. It often results from the complication of Shoulder Dystocia (see above). On many such occasions there will be a viable claim for negligence.
Complete Brachial Plexus Injury
Complete brachial plexus injury occurs when all five nerves of the brachial plexus are affected. This leads to paralysis of the entire arm. Horner’s Syndrome, involving a drooping eyelid, is often associated. Sensory loss in the arm is present, as is often torticollis, (when the baby will face his good side, but cannot face forward for any length of time).
Complete brachial plexus injury may be caused by excessive traction or force being applied to the baby’s head during labour. It often results from the complication of Shoulder Dystocia.
