The link between Birth Injuries and Prematurity

Written by Amie Worth | Medical Negligence Team |09 November 2023

Every  year, World Prematurity Day (17 November 2023) casts light on the challenges faced by premature infants and their families. A premature birth can be an emotional whirlwind — filled with concern and anxiety. When further complications arise, the situation becomes even more complex. For families navigating the delicate aftermath of a premature birth complicated by injury, it's crucial to understand that support is there for you, both medically and legally.

Birth injuries during premature delivery can sometimes be attributed to the inherent risks of early childbirth. However, when the standard of care falls below what is legally expected and this leads to an injury, it can qualify as medical negligence.

The connection between premature birth and potential birth injuries is intricate. Premature babies are inherently vulnerable due to their early arrival and require a higher level of care. When medical professionals deviate from the expected care standards—whether through action or inaction—it can exacerbate the risks or lead to new injuries entirely.

Medical negligence involves a breach of duty by healthcare professionals. In the context of premature birth, this could mean:

• Failing to anticipate or react to complications due to prematurity

• Inadequate monitoring of the baby’s vital signs

• Delays in providing necessary treatments or interventions

• Improper use of medical devices or techniques

There are also instances where an injury has occurred because the premature birth should have been avoided. Examples of this can include:-

• Did the mother suffer with recurrent miscarriages and were there issues with the way this was managed?

• Should the mother have been offered cervical length screening?

• Should the mother have been offered cervical cerclage or progesterone in order to assist with preventing a further miscarriage, stillbirth or premature birth?

• Was the mother suffering with an infection during her pregnancy which should have been diagnosed and treated which may have prevented the mother delivering her baby early?

In such challenging times, the thought of pursuing legal action might seem overwhelming. However, the purpose of a claim is not just about seeking compensation. It's also about ensuring that the same mistakes are not repeated with other vulnerable infants.

Regardless of the gestation or stage of pregnancy the premature delivery occurred we may be able to assist you with a claim for negligence.

It is also worth adding that our specialist team can provide assistance when pursuing a birth injury claim even if this is not due to a premature birth.

In these circumstances, families need more than just legal advice; they need support from people who understand the impact a birth injury can have.

While no amount of compensation can reverse the hardship a family has endured, it can pave the way for a more secure future for both the child and the family, and provide the resources necessary for their continued care and development.

Our firm provides families with compassionate support and professional guidance. We understand that behind every case file is a family’s story and a child’s future. Our legal team specialises in navigating the complex legalities surrounding birth injuries related to premature birth, offering expert support through the difficult process of seeking justice and closure.

You can contact our specialist team by calling 01752 827085 or emailing enquiries@nash.co.uk in order to discuss your personal circumstances free of charge and with no obligation.