7 Decision Points That Make or Break Birth Injury Claims

This guide was produced by INNEG and is based on key clinical insights shared during our October 2025 webinar on birth injury claims, featuring Dr Lorna Phelan, Consultant Obstetrician & Gynaecologist.

It is intended to support solicitors in understanding common medico-legal decision points in birth injury litigation and does not constitute clinical guidance or expert opinion on any individual case.

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Birth injury litigation rarely turns on a single mistake. Instead, claims are shaped by a sequence of clinical decisions made as labour evolves — often under pressure, with incomplete information and escalating risk.

This eBook, based on insights shared by Consultant Obstetrician & Gynaecologist Dr Lorna Phelan during INNEG’s October 2025 webinar, explores seven recurring decision points that frequently determine breach and causation in birth injury claims. From delayed reassessment of place of delivery and failures to contextualise maternal choice once labour becomes pathological, to CTG interpretation in isolation, continued oxytocin use despite warning signs, delayed escalation, disputed caesarean section requests, and consent obtained under emergency conditions, each section highlights where defensibility can begin to unravel.

Written specifically for clinical negligence solicitors, this guide provides a structured framework for reviewing records, identifying where accepted practice may have slipped into breach, and understanding how seemingly reasonable decisions can combine to produce catastrophic outcomes.

This practical, solicitor-focused eBook helps you spot high-risk decision points early, strengthen case analysis, and instruct the right experts with confidence.