For expectant parents, childbirth is usually anticipated as a joyful and life changing moment. When things do not go as planned, and a baby is injured during birth, the emotional impact can be devastating. Many parents later ask whether their child’s injuries could have been prevented. One common concern raised by families is whether a delayed caesarean section (c section) may have caused or contributed to a birth injury. If you’re wondering whether your child’s cerebral palsy or birth injury was caused by mistakes made in medical care provided in the lead up to or during birth, Boyes Turner’s experienced cerebral palsy / birth injury solicitors are here to help. We are recognised by various independent legal directories as leading birth injury solicitors. Our specialist solicitors will guide you through the claims process every step of the way with expertise, kindness and compassion. This article aims to explain the circumstances where a delayed c section can cause avoidable birth injury / cerebral palsy. When is a C section needed? A c section is a common surgical procedure where a baby is delivered by surgically opening the mother’s abdomen and womb. A c section may be planned in advance, or it may be required urgently during labour. Emergency c sections are often needed when there are signs that the baby is in distress or when labour is not progressing safely or quickly enough. Common medical reasons for an urgent c section include: Prolonged or obstructed labour Abnormal fetal heart rate Abnormal position (e.g. breach or transverse presentation) Umbilical cord complications Placental problems such as placental abruption Maternal infection or severe pre eclampsia When warning signs arise, it is usually important for the baby to be delivered as quickly as possible. Clinical guidelines require healthcare professionals to act promptly, assess risks, and proceed with a c section where necessary. Any delay in decision making or delivery can have serious consequences. How can a delay cause a birth injury? A delayed c section can deprive a baby of oxygen during birth. Oxygen deprivation (hypoxia) can damage the brain and other organs, sometimes resulting in life long disabilities, including cerebral palsy. Potential causes of delay include: Failure to properly monitor fetal heart rates Misinterpretation of CTG (cardiotocograph) traces Delays in escalating concerns to senior clinicians Lack of timely access to theatre, anaesthetists, or surgical staff after the decision for a c section has been made When these issues occur, the window to safely deliver the baby may be missed, increasing the risk of birth injury / cerebral palsy. Common types of birth injury cases linked to delayed C sections There are many types of birth injury cases that may arise following a delayed c section. Not every injury is the result of negligence, but where care has fallen below an acceptable standard, a birth injury medical negligence claim may be possible. Examples include: Cerebral palsy One of the most serious injuries linked to oxygen deprivation at birth is cerebral palsy. This is a permanent neurological condition affecting movement, coordination, and posture. Some children will also have learning difficulties, epilepsy, or sensory impairments. Where cerebral palsy has been caused by negligent delay in delivering a baby, families may be able to pursue cerebral palsy claims to secure lifelong support for their child. Hypoxic ischaemic encephalopathy (HIE) HIE occurs when the brain does not receive enough oxygen or blood flow. Its effects range from mild developmental delay to severe disability or death. Many babies with HIE will go on to develop cerebral palsy. Brachial plexus injuries While more commonly associated with difficult vaginal deliveries, shoulder dystocia combined with delayed decision making can result in nerve injuries affecting arm movement. Organ damage and seizure disorders Prolonged oxygen deprivation can harm vital organs such as the kidneys or heart, or lead to seizure conditions that require ongoing treatment. What are birth injury claims? Birth injury claims are a type of medical negligence case brought on behalf of an injured child, usually by their parents or guardians. These claims aim to establish whether medical care fell below an acceptable standard and whether that failure caused avoidable harm. Compensation is not about blame; it is about securing access to: Specialist therapies and rehabilitation Adapted housing and equipment Care support across childhood and adulthood Financial stability for the future For severe injuries, including cerebral palsy, compensation can ensure a child has the best possible quality of life. Investigating delayed C section claims To assess whether a delayed c section caused a birth injury, an experienced medical negligence solicitor will carefully review: Antenatal and labour records CTG traces and monitoring notes Timing of decisions and escalation Care provided immediately after birth Independent medical experts such as obstetricians, midwives, neonatologists, and paediatric neurologists are often instructed to provide opinions on whether earlier intervention would have led to a different outcome. Are there time limits to bringing a cerebral palsy claim? A cerebral palsy claim is the child’s, and time does not run against a child. Time will, therefore, begin to run when the child is aged 18 and the time limit on bringing a claim is generally 3 years after that, so age 21. If the child does not have the mental capacity to bring a claim on their own, time will never run against them. However, evidence to establish a cerebral palsy claim is often lost after around 24 years, so it is strongly advised to seek legal advice as early as possible, when medical records are easier to obtain, and investigations can begin while events are still relatively recent. Also, the child’s mother may be entitled to bring her own claim for physical or psychiatric injury arising out of the circumstances of the birth and there is usually a 3 year time limit for that. A caring and supportive approach to claims If you have concerns that a delayed c section may have caused your child’s injury, please do contact Boyes Turner’s Birth Injury Solicitors now, for free and confidential advice at mednegclaims@boyesturner.com. We strive to take a compassionate approach and are here to support you through every step of the claim with sensitivity and expertise.
