Birth Injury Hypoxia: Dr Benjamin Viaris de Lesegno, Consultant Obstetrician

By Dr Benjamin Viaris de Lesegno, Consultant Obstetrician and Gynaecologist

Posted 28 April 2026

3 Minute Read

When did the injury really happen - and how do you prove it?

Birth injury claims involving hypoxia remain some of the most complex and high-value cases in clinical negligence. Understanding timing, causation, and the role of obstetric evidence is critical for building or defending a claim.


In this webinar, Consultant Obstetrician Dr Benjamin Viaris de Lesegno explores how hypoxic injury is assessed, where disputes arise, and what solicitors should look for in the records.


About the Speaker


Dr Benjamin Viaris de Lesegno is a Consultant Obstetrician and Gynaecologist with subspecialist expertise in maternal and foetal medicine.


With over 20 years’ experience in maternity risk management and clinical practice, he now also acts as an expert witness in complex birth injury claims, advising on breach, causation, and standard of care.


Key Webinar Insights


  • In hypoxia claims, the dispute rarely centres on whether injury occurred, but when it occurred, and whether labour management made a material difference
  • CTG is heavily relied upon but cannot establish hypoxia or causation in isolation, making it one of the most contested forms of evidence
  • A “reassuring” CTG does not rule out injury, particularly where monitoring gaps or missing traces limit what can be concluded
  • Babies with antenatal compromise may appear stable but have reduced reserve, meaning otherwise tolerable labour events become causative
  • Many cases involve gradual deterioration rather than a single acute event, making timing of intervention difficult to define and defend
  • Failure to act on CTG is often more significant than interpretation itself, particularly where escalation is delayed or poorly documented
  • Multiple strands of evidence (CTG, MRI, cord gases, clinical records) often point in different directions, creating genuine causation disputes
  • In practice, expert opinion is tested on logic, consistency and ability to address conflicting evidence, not just clinical experience
  • Documentation gaps can significantly weaken a claim, particularly where key decisions or concerns are not clearly recorded


Read the full medico-legal article here >

Tags:

  • Birth Injury
  • Birth Injury Claims
  • Hypoxia
  • Birth Trauma Litigation

Expert Disciplines:

  • Obstetrics and Gynaecology

About The Author

Dr-Benjamin-expert-witness

Dr Benjamin Viaris de Lesegno

Consultant Obstetrician and Gynaecologist

Dr Benjamin Viaris de Lesegno is a Consultant Obstetrician and Gynaecologist. With over 20 years’ experience in maternity risk management and clinical practice, he now also acts as an expert witness since 2024 in complex birth injury claims, advising on breach, causation, and standard of care.

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