Having a baby should be remembered as an incredible moment in life. However, if the mother or child suffers an injury during birth, the memories…
Meconium aspiration syndrome (MAS) claims
If your child has been affected by MAS due to medical negligence, you could be eligible to make a meconium aspiration syndrome claim on their behalf.
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Meconium Aspiration Syndrome Claims
If you or your child has suffered an avoidable injury or complications because of meconium aspiration, you may be eligible to make a meconium aspiration syndrome claim.
Meconium aspiration can lead to serious long-term complications such as breathing difficulties, brain damage, and developmental delays. In the most severe cases, it can even be fatal.
While this condition cannot always be prevented, healthcare professionals have a duty to monitor for signs of distress and act quickly if meconium is present. A failure to do so could amount to negligence and may entitle you to compensation for any resulting injuries.
To find out if you have a valid medical negligence claim, call us free on 0800 470 0474 or use our online claim form to request a call back. You will receive a free case assessment and legal advice.
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Table of Contents
What is meconium aspiration syndrome?
Meconium is the baby’s first stool. It is a thick, sticky, tar-like substance composed of various substances, including hair, mucus, bile, amniotic fluid and cells.
While meconium is typically passed within 48 hours of birth, it can sometimes be passed during labour and delivery. This means newborns could aspirate or inhale it and develop meconium aspiration syndrome (MAS).
However, only about 2% of babies born through meconium-stained amniotic fluid will develop MAS. This can be dangerous and cause symptoms such as:
- Rapid or difficult breathing.
- Bluish skin or lips.
- Slow foetal heart rate.
- Grunting.
- Stained amniotic fluid (a yellowish or blue-green colour).
- A blue umbilical cord.
- Chest retractions.
- A limp baby.
Healthcare providers should monitor babies at risk of MAS and act promptly if they present symptoms. Failing to do so could amount to medical negligence.
Am I eligible to make a meconium aspiration syndrome claim?
You may be eligible to make a medical negligence claim for meconium aspiration syndrome if the following can be proven:
- You were owed a legal duty of care: This is a duty that all healthcare providers owe to their patients.
- This duty of care was breached: The care you received fell below a reasonable standard (for example, the medical staff missed the signs of foetal distress).
- Causation: The breach of duty directly contributed to the meconium aspiration syndrome or its severity.
- Damages: The MAS caused harm and losses, such as pain, disability or financial strain.
Keep in mind that you can make a MAS compensation claim against the NHS as well as a private healthcare provider.
How do I make a claim for meconium aspiration?
There are a few steps involved in claiming compensation for a meconium aspiration birth injury:
- Speak to an expert solicitor who specialises in birth injury claims.
- Gather supporting evidence, such as medical records of your pregnancy and expert reports.
- Send a letter of claim to the defendant (usually an NHS Trust), outlining the allegations of negligence and the compensation sought.
- The defendant will have three months to investigate the case and admit or deny liability.
- Negotiate a settlement if responsibility is admitted.
- Issue court proceedings and prepare for a trial if liability is denied (this happens in less than 3% of cases).
- Receive your compensation settlement.
What babies are at risk of meconium aspiration?
Meconium aspiration cannot be prevented, but your doctor should monitor the amniotic fluid and look for signs of foetal distress. Some of the risk factors for MAS include:
- Babies who are born past their due date (post-term pregnancies).
- A prolonged or difficult labour that causes foetal distress.
- Infants with low oxygen levels (hypoxia) before birth.
- Maternal conditions like high blood pressure or diabetes.
- Smoking or using drugs during pregnancy.
- Babies who don’t grow as expected in the womb (foetal growth restriction).
Monitoring these risk factors during pregnancy and delivery is critical to reduce the risk and severity of MAS.
How is MAS diagnosed and treated?
Meconium aspiration syndrome is typically diagnosed through:
- The presence of greenish or brownish meconium in the amniotic fluid.
- Observing symptoms such as respiratory distress, limpness or bluish skin at birth.
- Monitoring vital signs such as pulse and oxygen levels.
- A chest X-ray will show fluid in the baby’s lungs.
Prompt action is essential to prevent complications and may involve:
- Immediate removal of the meconium from the airways using a special suction device.
- Oxygen therapy and mechanical ventilation.
- Surfactant therapy to open the air sacs and improve lung function.
- Antibiotics to prevent or treat lung infections.
- Inhaled nitric oxide to improve blood flow and oxygenation.
- Extracorporeal membrane oxygenation (a type of artificial life support).
Severe cases may need continuous monitoring in a Neonatal Intensive Care Unit (NICU).
What can be considered medical negligence with regard to MAS?
Examples of negligence that could entitle you to make a meconium aspiration syndrome claim include:
- Delaying an emergency C-section despite signs of foetal distress.
- Failing to monitor the foetal heart rate and respond to signs of distress.
- Not monitoring for meconium-stained amniotic fluid.
- Delayed or inappropriate treatment after MAS is suspected.
- Failing to clear the newborn’s airways despite signs of meconium aspiration.
- Missing the early signs and symptoms of MAS.
- Failing to administer surfactant or antibiotics.
- Delayed oxygen therapy or respiratory support.
- Ignoring risk factors such as maternal infections, pre-eclampsia or post-term pregnancy.
- Failing to use a warmer to maintain body temperature.
If these or other types of medical negligence have caused avoidable harm, you could be entitled to make a meconium aspiration syndrome compensation claim.
What are the potential complications of meconium aspiration syndrome?
While some babies recover fully, MAS can lead to serious complications, especially if not promptly diagnosed and treated. These include:
- Persistent pulmonary hypertension of the newborn.
- Pneumonia.
- Respiratory failure or pneumothorax.
- Chronic lung disease.
- Asthma or reactive airway disease.
- Brain damage due to a lack of oxygen.
- Cerebral palsy.
- Long-term developmental delays and cognitive impairment.
- Hearing and vision impairment.
- Seizures.
- In severe cases, death.
The type and severity of the harm suffered will determine how much compensation you could receive for medical negligence.
What evidence do I need to support a meconium aspiration compensation claim?
The types of evidence that could be used to support a claim for meconium aspiration compensation include:
- The complete medical records of the mother and baby.
- Diagnostic tests such as chest X-rays and blood gas tests.
- Medical records detailing any injuries caused by the aspirated meconium and their prognosis.
- Expert medical reports detailing how the care received fell below a reasonable standard.
- Statements from you and other witnesses.
- Photographs or videos showing any visible signs of injury or challenges faced due to the substandard treatment or meconium aspiration syndrome.
- Proof of financial losses and expenses, such as private treatments, loss of earnings and medical aids.
Can I make a meconium aspiration syndrome claim on behalf of my child?
If your child suffered an avoidable injury due to delayed treatment or poor management of meconium aspiration syndrome, you could certainly make a claim on their behalf.
In such cases, you must apply to the court to be named as their litigation friend, proving that you are suitable for the role. Once approved, you will be responsible for instructing solicitors and making decisions related to the claim, always acting in your child’s best interests.
If you win the claim, the compensation awarded must be approved by a judge. This is typically held in a court bank account or a personal injury trust and released to the child on their 18th birthday.
What is the time limit for making a meconium aspiration claim?
For medical negligence claims involving children, you generally have until your child’s 18th birthday to start legal proceedings. After that, they have until the age of 21 to make a claim on their own.
If you are claiming as an adult, you have three years to start a claim from:
- The date of the negligent act or omission.
- The date of knowledge – when you first became aware that you suffered a significant injury, potentially due to negligence.
You can read more about legal time limits here: How Long Do I Have to Make a Personal Injury Claim?
How much compensation can I claim for meconium aspiration negligence?
The amount of compensation for meconium aspiration syndrome negligence will depend on the type and severity of the resulting complications. The compensation payment will be made up of two types of damages:
- General damages are awarded for pain, suffering and loss of amenity.
- Special damages are awarded for past and future financial losses and expenses incurred as a result of the injuries.
For example, you could receive £31,310 to £54,830 for lung damage causing continuing disability and £219,070 to £282,010 for moderately severe mental disability.
Will I be able to claim on a No Win No Fee basis?
If you have a valid claim and a fair chance of winning compensation, your solicitor will provide you with a no win no fee service, which means:
- There are no upfront costs to start your claim.
- If your claim is unsuccessful, you won’t pay anything.
- If you win, a percentage of your compensation (capped at 25%) is deducted as a success fee to cover your solicitor’s work.
How long will my medical negligence claim take?
The length of a claim for meconium aspiration syndrome compensation depends on:
- The severity and prognosis of the injuries suffered.
- The strength of evidence.
- The complexity of the case.
- Whether liability is admitted.
Straightforward cases may be resolved within 12-18 months, while more complex claims can take several years. Your solicitor may be able to secure interim payments while the case is ongoing.
Call 0800 470 0474 today to find out if you can make a no win no fee compensation claim for meconium aspiration syndrome or request a call back. You will receive a free, no-obligation consultation and expert advice on your legal options.
