As a medical negligence solicitor, I have witnessed first-hand the devastating consequences that can arise when healthcare professionals fail to identify and address a lack of oxygen flow to a baby during birth. This critical oversight, often referred to as birth asphyxia or hypoxic-ischaemic encephalopathy (HIE) when it leads to brain injury, can alter the course of a child’s life—and that of their family—forever. Despite advancements in medical technology and training, such failures continue to occur, leaving parents grappling with heartbreak and a legal system that can feel daunting to navigate. In this article, I aim to shed light on the dangers of missing this vital sign, the potential lifelong impact, and why accountability is essential.
The critical window: why oxygen matters
During labour and delivery, a baby relies entirely on the umbilical cord and placenta for oxygen until they take their first breath. Any disruption to this supply—whether due to a compressed cord, placental abruption, or prolonged labour—can starve the brain and vital organs of oxygen. The foetal heart rate, monitored via cardiotocography (CTG), provides a crucial window into the baby’s well-being. A skilled midwife or obstetrician should recognise abnormal patterns, such as decelerations or a lack of variability, as red flags that oxygen flow may be compromised.
Yet, time and again, I see cases where these warning signs are missed or misinterpreted. Perhaps staffing levels are stretched thin, or perhaps there’s a failure to escalate concerns to a consultant. Whatever the reason, the result is the same: a narrow window of opportunity to intervene—via emergency Caesarean section or assisted delivery—closes, and the baby suffers preventable harm.
The consequences: a lifetime altered
The effects of oxygen deprivation can range from mild to catastrophic. In less severe cases, a child might face developmental delays or learning difficulties, challenges that only become apparent as they grow. In the most tragic instances, prolonged hypoxia can lead to cerebral palsy, severe cognitive impairment, or even death.
For families, the emotional toll is immeasurable. Parents who anticipated a joyful birth instead find themselves thrust into a world of medical appointments, therapies, and uncertainty. Financially, the burden can be crushing, with costs for care, equipment, and home adaptations mounting over time.
Where negligence lies
From a legal standpoint, proving medical negligence in these cases hinges on two key principles: breach of duty and causation. First, we must establish that the care provided fell below the standard expected of a reasonably competent professional—a midwife misreading a CTG trace, for instance, or a doctor delaying a necessary intervention. Second, we must demonstrate that this failure directly caused the injury. If oxygen deprivation could have been avoided with timely action, and the baby suffered harm as a result, there may be a valid claim.
I’ve worked on cases where hospitals argued that the outcome was unavoidable, perhaps due to an underlying condition in the baby. But expert medical evidence—often from obstetricians, neonatologists, and neuroradiologists—can reveal a different story. For example, brain imaging showing a pattern of injury consistent with acute hypoxia, paired with a poorly managed labour, can be damning proof of negligence.
Seeking justice: why it matters
Pursuing a medical negligence claim isn’t just about financial compensation, though that is vital for securing a child’s future care. It’s also about answers and accountability. Parents deserve to know why their baby’s distress went unnoticed and what could have been done differently. A successful claim can pressure the NHS to improve training, staffing, or protocols, potentially sparing other families the same fate.
A call for vigilance
As a solicitor, my role is to advocate for those harmed by medical negligence, but prevention is always better than litigation. Maternity units must prioritise robust training in CTG interpretation, clear escalation pathways, and adequate staffing levels. Parents, too, should feel empowered to voice concerns during labour—if something feels wrong, their instincts matter.
The failure to spot a lack of oxygen flow to a baby during birth is not a minor oversight; it’s a lapse that can echo through decades. For every family I represent, my goal is simple: to secure the support they need and to ensure such failures are not repeated. In a healthcare system we all rely on, that’s the least we should expect.
