Arrange your FREE Initial Consultation
Meconium can be a sign of fetal distress during labour. It can also obstruct the baby’s airway if it is inhaled (aspirated) before or during delivery, preventing the newborn baby from breathing. Midwives and doctors must recognise and react quickly to meconium and other signs that the unborn baby is lacking oxygen during labour. At birth, the neonatal team must act quickly to clear the baby’s airway of meconium and restore the baby’s ability to breathe in oxygen.
If a baby suffers a hypoxic brain injury (HIE) because their delivery is delayed after signs of fetal distress in labour or resuscitation is delayed after birth, they may be able to claim compensation.
If you have been contacted by NHS Resolution or MNSI after the birth of your baby, we strongly recommend that you contact us for free, confidential advice straight away. HIE birth injury claims must be handled by claimant specialist solicitors to protect the child’s full entitlement to compensation.
Speak to our medical negligence solicitors today
If you think that your child may have suffered a brain injury as a result of negligent maternity or neonatal care, or if you have been contacted by MNSI or NHS Resolution, we recommend that you contact our medical negligence team as soon as possible for free, confidential advice. We support parents through the difficult conversations, investigations, and decisions that follow a baby’s brain injury or cerebral palsy diagnosis and help you protect your child’s entitlement to compensation.
We will ask you to tell us briefly about your maternity care and your child’s injury, advise you about your time limits and whether we can help you investigate your claim. Once our investigations confirm you have grounds for a claim, we will notify the defendant healthcare provider (usually NHS Resolution) on your behalf and invite them to respond, giving them an opportunity to admit liability, before court proceedings are issued.
If liability is admitted, we will obtain a judgment from the court and apply for a substantial interim payment to meet your child’s immediate needs arising from their disability. Working with our Court of Protection deputyship team, we can then begin to meet your child’s urgent needs, such as for care, therapies, suitable accommodation and specialist equipment. Our special educational needs (SEN) team can help with school placements and educational support.
If NHS Resolution deny liability, we will advise you about the best way to proceed with your claim. In birth injury and neonatal brain injury claims, we often need to issue court proceedings before NHS Resolution will admit liability or enter into settlement negotiations or mediation. Final settlements are always structured to guarantee the best provision for the child’s individual needs, now and throughout their life.
Partner, Medical negligence
Our client families share their experiences of how they were left feeling guilty and responsible for the devastating injuries caused to their child, and how we helped them obtain the acknowledgement and compensation they needed to move forward and begin rebuilding their lives.
Jul 2024
Feb 2024
Feb 2023
Dec 2022
Jan 2022
Dec 2021
Jun 2021
May 2021
Mar 2020
Jan 2018
Aug 2016
In what can only be described as a stressful process dealing with Birth Negligence for your child, Boyes Turner, specifically Richard Money Kyrle and Tara Byrne made the process as smooth, efficient, and with a high level of understanding and empathy as possible. Each part of the process was explained clearly in layman's terms so I had a clear idea of what to expect and also a timeline of how long each process would take. Both Richard and Tara were always an email or phone call away and having to divulge such past traumatic events was done with the utmost respect and empathy. My son's case has now settled and thanks to all the hard work and fighting for justice we are able to move towards a bright future.
Meconium is the medical name for a newborn baby’s first faeces (poo). Meconium is dark green, thick, and sticky and contains the material that the unborn baby ingested in their mother’s womb. Once the baby starts feeding on colostrum and milk, their faeces become more yellow.
It is normal for a baby to pass dark green, sticky meconium in the hours immediately after birth. It is also common for the amniotic fluid, which drains from the mother in labour after her waters break, to be discoloured or ‘stained’ with meconium.
During labour and delivery, if the amniotic fluid contains significant meconium, this can also indicate ‘fetal distress’. This is because when a fetus (unborn baby) is not getting enough oxygen, their intestinal activity increases. This relaxes the anal sphincter, allowing meconium to pass into the amniotic fluid that surrounds the baby. If the baby inhales or aspirates meconium into their lungs, such as by gasping for oxygen, their airway can become blocked by sticky or lumpy meconium.
If dark green or black, thick or lumpy meconium drains from the mother after her membranes are ruptured (waters broken) this should warn the midwives that the unborn baby might be suffering from distress. This means that the labour and delivery must be monitored and managed carefully to avoid injury to the baby.
In these circumstances, correct care should usually include:
Preparations should also be made for the birth of a baby who might have aspirated meconium, to avoid delay in restoring the baby’s oxygen supply. This includes warning the neonatal unit paediatricians (doctors who specialise in newborn babies) that a baby with possible meconium aspiration is about to be born. This allows the paediatricians to attend the delivery, fully equipped and ready if needed to clear the baby’s airway and lungs and provide resuscitation or ventilation.
Delayed delivery of a baby who is suffering from hypoxia or lack of oxygen can cause permanent injury to their brain. Meconium is one of many warning signs during labour and delivery which should alert midwives to the possibility that lack of oxygen is causing fetal distress.
Acute hypoxia (a short but profound period of oxygen starvation) during labour and birth can permanently damage a baby’s brain in a matter of minutes. Delayed action to clear meconium from the baby’s airway (to allow them to breathe) or to provide resuscitation immediately after birth can extend the length of time that the baby is without oxygen. In some cases, this additional delay in restoring the baby’s oxygen supply after birth can turn a reversible episode of hypoxia into irreversible brain injury and permanent disability, or death.
A baby who is suffering from respiratory distress as a result of meconium aspiration may show the following signs:
Severe meconium aspiration after delays in clearing the airway and resuscitating the newborn baby at birth, can lead to permanent disability from:
The amount of compensation that can be claimed in a medical negligence claim for a hypoxic brain injury or HIE depends on the child’s injury, its impact on their life and the cost of meeting the additional needs, losses, and expenses that are caused by their disability.
Claims arising from HIE brain injury, such as cerebral palsy, may include compensation for:
Find out more about compensation for cerebral palsy on our specialist cerebral palsy website.
Partner
Senior Associate - Solicitor
Associate - Solicitor
Solicitor
Paralegal
Trainee Solicitor
Medical records coordinator
