When a Birth Goes Wrong
Most births proceed without complication, but when something does go wrong, the consequences for a child and family can last a lifetime. Birth injuries caused by negligence during pregnancy, labour, or delivery are among the most serious categories of medical negligence claims, both because of the severity of harm involved and the lifelong care that affected children often require.
Common Types of Birth Injury
Birth-related negligence claims frequently involve cerebral palsy linked to oxygen deprivation during labour, brachial plexus injuries from difficult deliveries, failure to monitor foetal distress, delayed decisions to perform a caesarean section, and errors in the management of high-risk pregnancies. Each of these requires careful medical and obstetric expert review to establish whether the standard of care was met.
Signs That May Point to a Birth Injury
Some birth injuries are apparent immediately, while others, particularly those affecting a child’s development, only become clear months or years later, for example through delayed developmental milestones or diagnoses of cerebral palsy. This is one of the reasons South African law allows the prescription period for these claims to run from the point the negligence was reasonably discoverable, rather than strictly from the date of birth.
Why These Claims Take Time
Because birth injury claims often involve long-term or lifelong care needs, quantifying the claim requires input from multiple experts, which may include obstetricians, paediatric neurologists, occupational therapists, and actuaries who calculate future care costs. This thorough approach is necessary to ensure a settlement genuinely covers a child’s needs over their lifetime, not just their immediate medical bills.
Claims Against Public and Private Healthcare
Birth injury claims can arise from treatment at both private hospitals and public health facilities. Claims involving provincial health departments follow specific procedural requirements and can take longer to resolve, which makes early legal guidance particularly valuable for parents navigating this system while also caring for a child with additional needs.
Support for Cape Town Families
Lowe & Petersen Attorneys approaches birth injury matters with the sensitivity these cases deserve, working closely with families to understand both the medical facts and the practical realities of caring for a child affected by a birth injury, on a no win, no fee basis.