Birth Injury Claims: Shocking Truth about Cerebral Palsy in Babies

Cerebral palsy is the single largest cause of disability in children worldwide. In South Africa, a crumbling public health care sector, characterised by under-trained and under-resourced doctors and nurses, is driving up the prevalence of cerebral palsy in babies to an all-time high.

According to the South African Society of Physiotherapy, as many as 8 in 100 South African children are affected by what is largely a preventable disorder of the brain. It’s undeniable that clinical negligence and medical malpractice are partly to blame.

Primary causes of infant-related cerebral palsy

In South Africa, more than a third of cases are perinatal in nature. Injuries to the brain are predominantly occurring during the birthing process.

According to a paediatrics professor quoted by news24, as many as half of all South African children with cerebral palsy have the condition because of avoidable birth complications.

Professor Hein Odendaal, a leading obstetrician, also noted that significant numbers of babies suffer avoidable brain damage.

The most common causes of cerebral palsy in babies are infant asphyxia and detectable infections, such as HIV-linked tubercular meningitis.

Oxygen deprivation can also occur during an abnormally long or difficult labour, for example if the baby’s brain is often compressed in the birth canal for an extended period. A twisted umbilical cord can also deny a free flow of oxygen to the baby.

The misuse of forceps during delivery is another factor behind South Africa’s alarmingly high cerebral palsy statistics.

When poor birth management becomes medical negligence

Healthcare professionals have a duty to act in the best interests of a mother and her child. But in South Africa, poor birth management appears to be the likely contributor to the development of infant cerebral palsy.

With today’s medical technology, a properly trained physician, nurse or midwife should be able to diagnose or detect infection or an umbilical cord prolapse, assess the size of the baby before birth, and recommend a C-section where necessary, and determine when a baby is showing signs of distress.

When a healthcare provider fails to follow the proper medical procedures, poor birth management may constitute clinical negligence or medical malpractice.

What constitutes a cerebral palsy compensation claim?

If you believe your baby’s cerebral injuries were caused by one or more of the following birth management failures, you may have a legitimate claim:

• failing to detect infection or abnormalities prior to birth
• failing to act appropriately when the umbilical cord is wrapped around the baby’s neck
• failing to deliver by Caesarean section, when required
• failing to detect signs of foetal distress
• delays in inducing labour, where necessary
• failing to manage a breech birth
• using excessive force when delivering a baby with forceps.

What’s required for a successful malpractice claim

A successful medical malpractice claim depends on clear and substantiated proof that one or more healthcare providers acted in a negligent manner or deviated from the required standard of care, and that this directly led to your baby’s development of cerebral palsy.

You’ll usually have to rely on the expert testimony of medical specialists, such as an obstetrician, paediatrician or physician, to corroborate a claim. The success of a claim will also depend on evidence such as witness statements and medical records associated with your baby’s injury.