When babies have been born following a period of hypoxia, they are often in poor condition. Sometimes they are described as “floppy” or “grey/blue”, and often require resuscitation. Signs of Hypoxic-Ischaemic Encephalopathy (HIE) may then develop in the first day or two or life.

A baby diagnosed with HIE will often have breathing and feeding difficulties, low muscle tone and may suffer from seizures. A brain scan, usually an MRI, will confirm if any brain damage has occurred. If it has, long term neurological impairments and disabilities may result, including cerebral palsy.

HIE and the associated brain damage is often avoidable with the right care and treatment during pregnancy, labour and birth, and in the early neonatal days. If there are signs that a baby is suffering with a lack of oxygen during pregnancy or labour, such as an abnormal heart rate, the midwife or doctor should spot this and take action to remedy it and deliver the baby before brain damage occurs. If this doesn’t happen, there may be a claim for clinical negligence.

Why bring a claim?

There are many reasons parents might want to investigate what has gone wrong during pregnancy or delivery and often families tell us how important it is to them to ensure different procedures are put in place so that other families don’t go through the same.

Often where a child has suffered HIE during the delivery process they may later be diagnosed with cerebral palsy or developmental delay as a result of the brain damage sustained. This may not become apparent until your child doesn’t reach their milestones when you anticipate. The damage that has been sustained during the pregnancy and birth can lead to a number of challenges for your child in the future including motor and cognitive disorders. The extent of this damage and the impact this may have can vary. We are strong advocates for early intervention to support neuroplasticity in children who have sustained this form of brain damage and we work closely with charities, educators and therapists that support this approach. Sometimes families contact us much later especially where they have pursued a claim previously without success.

Bringing a successful claim for compensation will be life changing for your child as well as your family who want to provide the best support possible. This includes parents simply having the time to be “mum” or “dad” rather than carers. Compensation enables your child to have access to support through therapy, care, suitable accommodation, equipment and treatment, ensuring they have the best opportunities to reach their full potential and enjoy as much independence as possible.