Brain injuries at birth

Have you recently had a baby at an NHS trust hospital and are worried that your baby suffered harm during the birth? In particular, immediately following their birth was your baby therapeutically cooled? Did they experience seizures (fitting)? Have you been told that your baby experienced a lack of oxygen to their brain (hypoxic ischaemic encephalopathy (HIE))? You may have been told that there is a risk your baby has a brain injury? An investigation into the treatment you received may already be underway.

You may qualify for an investigation under NHS Resolution’s Early Notification Scheme (ENS) or a maternity investigation by the Healthcare Safety Investigation Branch (HSIB). These investigations may already have started.

Early notification scheme (ENS): The ENS scheme only applies in specific circumstances where your baby was born at an NHS hospital on or after 1st April 2017 and is suspected to have a potentially serious brain injury which was recognised in the first week of their life. Read our guide for more details

Maternity investigations by HSIB: HSIB is independent of NHS Resolution and any NHS Hospital, they can investigate the care provided to you and your baby during the birth. Unlike an ENS investigation they can also investigate stillbirths, early neonatal deaths and some maternal deaths. Read our guide on HSIB investigations for more information

If any of this sounds familiar then this will be a difficult and confusing time for you, AvMA can help. Our guides contain lots of information to assist you but you can also talk to one of our professional, friendly and approachable caseworkers by completing an ENS/HSIB new client form. A caseworker will contact you within TWO working days of receipt of your completed form .

  • AvMA’s advice and information services are available to the public free of charge or obligation
  • Our caseworkers are all employed by AvMA and are qualified doctors and/or lawyers. They will provide you with independent, impartial advice about your options and rights
  • Your enquiry will be treated in confidence
  • You will be treated with respect

IMPORTANT: If you have concerns about possible maternal or birth related injuries that DO NOT involve your baby acquiring a brain injury at birth, for example, a maternal injury such as a serious tear or failure to diagnose low blood sugar in the new born (neonatal hypoglycaemia) then please complete our standard new client form


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