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Failure to diagnose oxygen deprivation at birth

The birth of your child should be a joyful, memorable experience, but occasionally, failures in medical care may lead to devastating consequences. Birth asphyxia—also known as oxygen deprivation at birth—occurs when a newborn does not receive sufficient oxygen during the birth process. If medical professionals fail to promptly diagnose and address birth asphyxia, it can lead to severe and lasting brain injuries, affecting your child's lifelong health and wellbeing. At Stephensons, we understand the profound impact of birth injuries on families and are here to provide compassionate legal support in claiming compensation and securing justice for you and your child.

 

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What is failure to diagnose oxygen deprivation at birth (birth asphyxia)?

Birth asphyxia happens when a baby’s brain and other organs do not receive adequate oxygen before, during, or just after delivery. Medical professionals, including midwives, obstetricians, and neonatal teams, are responsible for monitoring both mother and child closely throughout pregnancy and labour, acting swiftly to mitigate any risks or complications that arise. A failure to promptly identify signs of foetal distress or oxygen deprivation can lead to permanent brain injuries, developmental delays, cerebral palsy and other serious medical complications for your child.

Common signs medical professionals should recognise include abnormal heart rate patterns, reduced foetal movements, maternal complications such as placental abruption or cord prolapse, prolonged labour, and challenges with delivery. If these signs are missed or misinterpreted, leading to a delayed or incorrect course of action, the consequences can be catastrophic.

Can you claim compensation for failure to diagnose birth asphyxia?

Yes. If medical negligence resulted in your child's birth asphyxia being undiagnosed or treated incorrectly, you may be eligible to claim compensation. Compensation for birth injury claims can help cover the costs associated with specialist medical treatment, rehabilitation, therapy, educational support and ongoing care your child may require due to their injury.

To succeed in a birth asphyxia claim, we must demonstrate that the medical professionals involved fell below a reasonable standard of care and that your child’s injuries were directly linked to this negligence. Our experienced team of medical negligence solicitors at Stephensons will carefully investigate your claim, consulting with leading medical experts to build a strong case on your behalf.

Why choose us?

Stephensons is one of the leading law firms in the UK specialising in clinical and medical negligence cases. We are committed to obtaining justice for families affected by birth injuries and have a proven track record of securing substantial compensation settlements for our clients. Our dedicated team includes solicitors accredited by recognised organisations, including the Law Society’s Clinical Negligence Accreditation Scheme reflecting our expertise in clinical negligence matters.

We uphold the highest standards of legal care, providing clear, compassionate advice tailored to your unique circumstances. Stephensons is recommended in independent legal guides such as the Legal 500, highlighting our expertise and commitment to client satisfaction. We can offer a  no-win-no-fee basis, ensuring you face no financial risk when seeking justice and compensation.

How we can help

Our expert clinical negligence solicitors at Stephensons understand the complexities and sensitivities involved in birth asphyxia claims. We provide comprehensive support from initial consultation through to settlement or trial, ensuring you remain fully informed at every step. Our specialist solicitors will:

  • Provide a free initial consultation to discuss your claim and the merits of your case
  • Instruct leading medical experts to review the care you and your baby received
  • Secure interim payments, where possible, to help with immediate care and treatment needs
  • Negotiate vigorously for a fair and just settlement on your behalf
  • Provide representation and advocacy should your case proceed to court

Our goal is to ease your family's burden, secure maximum compensation and ensure your child receives the resources and support they need now and into the future.

Contact our specialist medical negligence team

If your family has been impacted by medical negligence related to the failure to diagnose birth asphyxia, we are here to support you. To speak to a specialist solicitor, contact Stephensons today by calling 0161 696 6165 or fill in our online enquiry form, and a member of our dedicated team will arrange a call-back at a time convenient for you.

Frequently asked questions

How long do I have to claim compensation for birth asphyxia?

Typically, a birth injury claim must be made before your child turns 21 years old. However, we strongly advise seeking legal advice as soon as possible to ensure evidence remains clear and readily available.

How much compensation can we expect to receive?

Compensation amounts vary widely depending on your child's specific injuries, care needs, and circumstances. Our experts will discuss your case in detail to provide an estimation tailored to your situation.

Will my claim go to court?

Most birth injury cases settle out of court, avoiding the need for a stressful trial. However, our solicitors at Stephensons will prepare your case thoroughly, ensuring a strong position whether negotiating a settlement or presenting the case in court.

Can I still make a claim if the hospital denies negligence?

Yes. Our specialist solicitors have extensive experience overcoming initial denials from hospitals and medical providers. We will investigate your case thoroughly to establish negligence clearly and robustly.

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