Hypoxic Brain Injury During Childbirth Claims

During labour and delivery, careful monitoring of both mother and baby is essential. When a baby’s oxygen supply is reduced or interrupted during childbirth, the consequences can be serious and long lasting.  A hypoxic brain injury at birth can affect a child’s development, mobility, learning, and overall quality of life.

Families are often left trying to understand how this happened and whether earlier intervention could have prevented the injury. If you have concerns about the care provided during labour or delivery, seeking legal advice can help provide clarity and reassurance.

At Macks Solicitors, our specialist medical negligence team supports families with sensitivity, clarity, and care throughout the claims process.

Free Initial Discussion

For no-obligation advice and information, call our specialist medical negligence solicitors today on 01642 843 671 or use our contact form and we will call you back.

What Is a Hypoxic Brain Injury at Birth?

A hypoxic brain injury occurs when a baby’s brain receives insufficient oxygen. During childbirth, this can happen if complications are not recognised or treated promptly.

Brain tissue is extremely sensitive to oxygen deprivation, even a brief delay in restoring adequate oxygen can lead to lasting or permanent damage. Early recognition and timely intervention are crucial to minimising harm and protecting a child’s long-term development.

How Can Hypoxic Brain Injury Occur During Labour?

Birth related hypoxic brain injuries may arise in situations such as:

• Failure to recognise or respond to signs of fetal distress
• Delays in performing an emergency caesarean section
• Problems with the umbilical cord affecting oxygen supply
• Placental complications
• Inadequate monitoring of the baby’s heart rate
• Failure to act promptly when labour is not progressing safely

Not all complications are avoidable. However, when warning signs were missed or timely action was not taken, a hypoxic brain injury may have been preventable. If you are concerned that your baby’s injury could have been avoided, our specialist medical negligence team is here to provide clear guidance and compassionate support. Call our specialist medical negligence solicitors today on 01642 843 671 or use our contact form and we will call you back.

Possible Effects of Hypoxic Brain Injury

The effects can vary depending on the severity and duration of oxygen deprivation. Some children experience mild developmental difficulties, while others require lifelong care. Potential consequences may include:

• Cerebral palsy
• Developmental delay
• Learning difficulties
• Speech and communication problems
• Seizures or epilepsy
• Movement and coordination difficulties
• Behavioural or cognitive challenges

In more severe cases, a child may require ongoing medical treatment, specialist education, and long-term care.

When Can a Claim Be Considered?

A medical negligence claim may be appropriate where there are concerns that:

• Fetal monitoring was inadequate
• Warning signs were not recognised or acted upon
• There was an unreasonable delay in delivery
• Medical staff failed to escalate concerns appropriately

A claim involves reviewing medical records and obtaining independent expert evidence to determine whether the standard of care fell below what should reasonably have been provided.

What Can Compensation Cover?

Compensation in birth related hypoxic brain injury cases is intended to secure long term financial stability and support. It may include:

• Pain, suffering and loss of amenity
• Specialist therapies and rehabilitation
• Care and support costs
• Home adaptations
• Specialist equipment and assistive technology
• Educational support
• Future loss of earnings

In serious cases, compensation is carefully calculated to ensure that lifelong needs are properly funded.

What Is the Time Limit for Making a Claim?

In most medical negligence cases, the time limit is three years. For children, this three-year period does not begin until their 18th birthday, meaning a claim can usually be brought at any time before they turn 21.

Although there is time, seeking advice early can help protect evidence and provide reassurance.

How Can Macks Solicitors Help?

We understand how distressing it can be to revisit the circumstances of your child’s birth. Our specialist team will:

• Listen to your concerns with care and understanding
• Obtain and review medical records
• Work with leading independent medical experts
• Provide clear and honest advice
• Guide you through the process with professionalism and compassion

Our aim is to help families understand what happened and secure the support their child may need for the future.

Contact us

For more information about making a hypoxic brain injury claim, you can call us on 01642 843 667; alternatively, complete our online contact form and one of our solicitors will be in touch.