Birth injury compensation claims can be made in Ireland whenever a child or mother has suffered an injury which was caused by the negligence of the attending obstetrician or midwife, or was caused by mistakes made by hospital staff during delivery.
Advances in medicine mean that childbirth is much safer today than it has ever been before; however a difficult birth can still result in injuries being sustained to the mother and baby. A difficult birth can result in injuries being sustained to the baby or mother which could not be predicted or prevented; however when the vital signs of the mother or baby have not been properly monitored, or when medical intervention could have prevented an injury being sustained, it may be possible to claim birth injury compensation and a medical negligence solicitor should be consulted for advice.
Eligibility to Claim Birth Injury Compensation
Birth injury compensation claims are possible when an injury has been sustained due to a breach in the duty of care to the mother or baby by the attending doctors or nurses. Not all injuries will result in a successful birth injury compensation claim; however when it can be proven ‘on the balance of probability’ that the actions or omissions of a medical professional has resulted in an injury being sustained and the injury was avoidable, there should be grounds for making a birth injury compensation claim.
Birth Injury Compensation Claims for Children
Claims for birth injury compensation for children can be filed by a parent acting as a ‘next friend’ for their child. Since a child cannot take legal action in Ireland, claims for compensation are frequently made by parents on a child’s behalf. A medical negligence compensation solicitor who specialises in birth injury compensation claims should be consulted at the earliest possible opportunity after medical negligence is suspected as being the cause of a birth injury to a child.
Birth Injury compensation claims can be made for a number of medical conditions suffered due to a difficult birth, including the following conditions:
- Erb’s Palsy
- Cerebral Palsy
- Brachial Plexus Injury
- Shoulder Dystocia
- Bell’s Palsy and Facial Palsy
- Neonatal death
- Stillbirth claims
No amount of birth injury compensation will ever make up for injuries sustained to your baby; however birth injury compensation awards can ensure that your baby receives the best possible medical care and can have as normal a life as possible.
Birth Injury Compensation Claims for Mothers
A difficult birth may require a forceps delivery, emergency caesarean or an episiotomy, and whenever medical intervention in required in the birth process, mistakes may result in an injury being sustained to the mother. When birth injuries have been caused to the mother by incompetence of hospital staff, by the incorrect use of equipment, or the failure to monitor the health of the mother, a claim for birth injury compensation can often be made. Injuries to the mother which can form the basis of a birth injury compensation claim include:
- Perineal tears
- Maternal death
- Nerve damage
- Post partum haemorrhage
- Pre-eclampsia and HELLP syndrome
- Post traumatic stress disorder
Free Legal Advice on Birth Injury Compensation Claims
If you have sustained an injury while giving birth, or your child has been injured and you believe this was caused by the negligence of hospital doctors, we would like to speak to you about making a claim for birth injury compensation.
Our birth injury compensation solicitors are experts in all aspects of medical negligence law in Ireland who will listen to your account of your injuries and the circumstances in which they were sustained and will give you a free assessment of your eligibility to make a claim for birth injury compensation in Ireland.
We understand that you may be upset and angry about what has happened, and we assure you that we will treat your call with compassion and sympathy. We are on your side, and want to help you get your full entitlement to birth injury compensation.
Call us today on Freephone 1800 989 995, or if it is not convenient to call us straightaway, you can request a call back by completing our call back request form below.