There is a fine line between what constitutes birth injury medical negligence and what is a common injury sustained during the birthing process. For example: birth injury medical negligence would not be appropriate where a baby has suffered unpreventable caput succedaneum or cephalohematoma during the childbirth – conditions which frequently clear up by themselves within a few days. However, cases where medical negligence may increase the severity or permanence of a birth injury could lead to a compensation claim for birth injury medical negligence.
Circumstances that may lead to compensation claims for birth injury medical insurance could include (but are not limited to):-
- Where a physician has failed to prepare for a potentially complicated birth, even though evidence showed the foetus was particularly large or there had previously been maternal health problems.
- Where a physician has failed to notice, or respond to, umbilical cord entrapment
- Where a physician has failed to respond to foetal distress
- Where a physician has delayed in ordering an emergency caesarean section when medically necessary
- Where a physician has misused forceps or a vacuum extractor during delivery
Not only must these events be proven to enable a compensation claim for birth injury medical negligence, but they must have led to an injury which could otherwise have been avoided and some area of permanent damage must have been done.
Claiming for Birth Injury Medical Negligence
Birth injury medical negligence can occur at the point of birth or immediately after. Poor care after delivery, including errors made during a circumcision or failure to properly attend to an infection can impair the future quality of the child´s life. Some of these impairments may not become apparent for many years, and children in Ireland have two years from the date they reach the age of majority (currently eighteen years of age) to make a claim for birth injury medical negligence.
Children can however, make a claim for birth injury medical negligence through a parent or guardian who acts as their “next friend”. It is the parent or guardians responsibility to contact a solicitor on behalf of the child and pursue a claim for compensation when there is evident of medical negligence during the birth process which has led to later health problems, disability or deformity.
Obviously, pursuing a case on behalf of a child who has suffered an avoidable birth injury is a very distressing procedure, and in order that you may receive comprehensive, impartial legal counselling, we have established a free advice service which you can telephone and speak with an experienced and sympathetic solicitor.
The advice we offer is free of charge and without obligation – the service has previously helped many people make compensation claims where negligence can be proven, and receive fairs amounts of compensation relative to their injuries and suffering.
Call us now on 1800 989 850 or if you cannot speak now please fill in the form on the left and we will call you back.
Our Promise to You:
- 100% You will speak with an experienced and specialist solicitor
- 100% Our advice is both impartial and helpful
- 100% We are able to offer both accurate and up-to-the-minute information
- 100% All our calls are treated with the utmost confidentiality
What You Can Expect?
As mentioned above, we appreciate that if you are enquiring on behalf of a child, and considering a claim for birth injury medical negligence compensation, it is likely that you have already been through a very distressing experience. Our solicitors are both understanding and extremely helpful when it comes to any case involving a child and you will find us both patient and friendly as you tell us the circumstances that led to your child´s injury.
We will offer practical and accurate advice with regard to your rights and your options for proceeding with a claim for birth injury medical negligence compensation- You are under no obligation to follow any of our advice or use our services going forward, however it is far better for you to be informed of what your position is before making any decisions.
Therefore, it is in your best interests to speak with a solicitor on our free advice line 1800 989 850 and take advantage of the opportunity to determine whether you have a case for birth injury medical negligence that it is worth your while to pursue. Our lines are open from 8.00am to 10.00pm, and if you cannot call right now, please leave your details in our call-back box below and one of our friendly team will call you at a more convenient moment..