Protecting Newborns: Navigating Healthcare for Your Baby and Understanding the Risks of Medical Negligence

The birth of a baby is a momentous occasion, filled with joy and new responsibilities. As parents, the health and wellbeing of your newborn is paramount. At the same time, you will also recognise that much of the responsibility for the baby’s health during these crucial early days is placed on the doctors, nurses and other medical professionals responsible for their care.

As such, it is essential to understand how to navigate healthcare for your baby effectively. If there are any failings in this care, it is also vital for parents to know what their options are, and what kind of recourse might be available to them.

In this guide, we will explore these important early stages of a newborn’s healthcare journey, to help parents feel empowered and informed at each stage.

How is newborn health monitored?

From the moment your baby enters the world, healthcare professionals begin monitoring their health to ensure they start life as healthily as possible. This monitoring includes a series of routine checks and screenings:

• Initial assessments: immediately after birth, newborns undergo initial assessments to check their vital signs, physical condition and reflexes. This includes the Apgar score, which assesses the baby’s colour, heartbeat, reflexes, muscle tone and breathing just minutes after birth.
• Screening tests: in the first few days, your baby will undergo various screening tests. These are designed to detect any early signs of conditions that could affect their long-term health, such as congenital heart defects, metabolic disorders and hearing impairments.
• Follow-up appointments: after leaving the hospital, follow-up appointments will be booked in with your GP or paediatrician. These appointments are essential opportunities to monitor your baby’s growth, discuss concerns, and give them the necessary vaccinations to protect them from common infections.
• Health visitors: these professionals play an important role in the early weeks and months of a child’s life. They provide support and advice on a wide range of issues, from feeding and sleeping to your baby’s physical development and vaccinations.

How can parents ensure their newborns are healthy?

Safeguarding your newborn’s health involves regular monitoring, understanding their needs, and creating a supportive environment. There are a number of ways you can help to achieve this:

• Track health milestones: familiarise yourself with the key health milestones your baby should be reaching. Keeping track can help you notice any potential issues early on.
• Regular health checkups and immunisations: adhere strictly to the schedule of check-ups and immunisations. These are designed to protect your baby from serious diseases and ensure anything abnormal is picked up on.
• Healthy environment: make your home a safe, clean and nurturing environment for your baby. This includes maintaining good hygiene, providing a smoke-free atmosphere, and ensuring your baby has a safe place to sleep.

What are the potential signs of medical negligence?

While the vast majority of healthcare professionals provide exceptional care, it’s vital to be aware of the signs that could indicate medical negligence:

• Misdiagnosis or delayed diagnosis: failure to diagnose a common condition or a significant delay in diagnosis could lead to worse outcomes for your child.
• Inadequate follow-up: a lack of proper follow-up after treatments or surgeries can be a sign of negligence.
• Poor outcomes: if your baby has experienced a poor recovery following treatment, it might warrant further investigation.

Medical negligence, also known as clinical negligence, occurs when healthcare professionals provide care that falls below the accepted standard and leads to harm, injury or loss to the patient. This can happen due to errors in diagnosis, treatment, aftercare or health management.

To constitute negligence, the care must not only be of a lower standard than expected but must also have directly caused harm that would not have occurred otherwise. This could involve actions taken by medical professionals, or their failure to act when required.

Proving medical negligence involves establishing four key elements:

• Duty of care: it must be demonstrated that the healthcare professional owed a duty of care to the patient. In medical settings, this is generally a given, as healthcare providers automatically have a duty to provide their patients care that meets standard practices.
• Breach of duty: you must prove that the healthcare professional breached this duty by acting in a way that no reasonable body of medical professionals would deem appropriate under the circumstances. This is often the most complex part of a negligence claim and typically requires expert medical opinions.
• Causation: it must be shown that the breach of duty directly caused the harm experienced by the patient. This means proving that the injuries or harm would not have occurred if the healthcare provider had acted differently. This is also referred to as the “but for” test: but for the healthcare professional’s negligence, the patient would not have suffered harm.
• Damages: finally, there must be a quantifiable harm that can be compensated. This includes physical, psychological and financial damages resulting from the negligence.

Each of these elements must be established for a medical negligence claim to be successful. This requires the gathering and analysis of substantial medical evidence and expert reports. While this can be difficult for new parents, an expert solicitor can take on the bulk of this responsibility on your behalf.

What to do if you suspect medical negligence

Medical errors can have a devastating impact on the long-term health and wellbeing of your children. They can result in serious health conditions, such as brain damage like cerebral palsy, which can affect them for the rest of their lives.

If you suspect your newborn has been the victim of medical negligence, you should take the following steps:

• Document everything: keep a detailed record of all medical appointments, treatments, and communications with healthcare providers.
• Seek a second opinion: if you’re concerned about the care your baby is receiving, don’t hesitate to seek a second opinion from another healthcare professional.
• Report your concerns: report your concerns to the healthcare provider or the NHS trust involved. They have procedures in place to handle complaints and investigate concerns.
• Seek legal advice: if you believe your baby has suffered harm due to medical negligence, consider seeking advice from a legal expert who specialises in medical negligence cases. They can guide you through your options and help protect your rights and those of your baby. If you need to make a cerebral palsy claim or seek compensation for another form of medical negligence, a solicitor will be able to talk you through the process, and the options available to you.

As new parents, it’s natural to feel overwhelmed with the responsibility of safeguarding your baby’s health. By staying informed, keeping track of your baby’s development, and being vigilant for signs of medical negligence, you can ensure your newborn has the best possible start in life. Remember, you are not alone; healthcare professionals, family support networks and legal advisers are there to help you navigate this journey.