A birth injury claim seeks compensation for any injury to the mother and or the baby at birth. The medical negligence of causing a birth injury can affect the mother and the baby for life. 

Medical negligence is when a medical professional breaches their duty of care to the patient, causing an injury. You could suffer medical negligence at the GP clinic, the hospital or even at the hands of a paramedic, and you may have a medical negligence compensation claim*. 

Injury due to birth negligence can be Cerebral Palsy after a lack of oxygen at birth, scarring due to the misuse of birthing aids, unnecessary vaginal tearing in the mother and, in some cases, the death of the baby or the mother. 

Hughes & Associates medical negligence solicitors in Dublin can make your birth negligence compensation claim*.

Contact Hughes & Associates for help with your Birth Negligence Claim

Table of content:

What is a birth injury compensation claim*?

A birth injury compensation claim* is the legal process you follow when you or the baby is injured due to medical negligence during delivery. You and your baby are the ones who suffered the effects of birth negligence, and you may make a compensation claim*. 

A recent report shows that there were more than 650 Serious Reportable Events in HSE hospitals in Ireland involving babies over the last number of years. 

There has been a 15% drop in the Irish birth rate over the last ten years, yet the annual number of SREs has steadily risen from 16 care management events in maternity in 2016 to 153 in 2020. Over 300 babies have died in Irish maternity units since 2016, with brain damage being a constant in those that have survived a Serious Reportable Event.  

Staff shortages, cutbacks, and employing staff without suitable or enough experience all add up to weaknesses in the health system. Medical negligence will always follow a weakness, and negligence can severely affect the maternity wing. 

A Hughes & Associates solicitor can look at the details of what happened to you and your baby and help you form a valid medical negligence compensation claim* for birth injury.

Contact Hughes & Associates for help with your Birth Negligence Claim

Common claims for birth injury

Common claims for birth injury in Ireland range from the negligence causing cerebral Palsy to broken limbs and to severe birth injury to the mother. A birth injury may affect the family for months, years and possibly for life, and you may have a medical negligence claim*. 

When injured due to medical negligence at birth, the child and mother may need long-term medical care, and the costs could be very high for many years. 

Types of claims for birth injury negligence in Ireland: 

Palsy in a newborn baby due to birth medical negligence can happen when there are delays in delivery or errors during delivery, resulting in a lack of oxygen to the brain. 

The delivery team and the attending obstetrician must avoid delays in delivery and ensure the baby is born without restricting the supply of oxygen to the brain. 

Palsy in a newborn baby can be: 

  •       Cerebral Palsy from delivery delays causes restrictions in oxygen to the brain
  •       Erb’s Palsy due to injury from medical negligence during the birth
  •       Difficult delivery causes Facial Palsy in the newborn 

A medical negligence solicitor can make your birth medical negligence claim*. 

Brain damage in a newborn baby will cause medical problems for life, from mobility issues to developmental delays and the need for full-time care in most cases. 

In many babies, the brain injury could be fatal or life-restricting, and the family may have a fatal medical negligence claim* against the hospital and medical staff. 

Brain damage in a newborn could happen when: 

  •       Errors during delivery lead to a prolonged time without oxygen
  •       The obstetrician failed to book a necessary Caesarean Section
  •       Errors by the delivery team when using the forceps and other equipment 

The family may have a medical negligence claim* against the hospital for the effects of the birth injury. 

Any broken limbs in a newborn baby should be avoidable, and the broken arm, snapped leg, or dislocated shoulder may be the result of medical negligence in the delivery ward. 

A broken limb may be repaired in time, but it can be very painful for the baby and could result in a deformity if it is not fully repaired. 

A newborn may suffer a broken limb when: 

  •       The delivery staff pull on a leg or arm during the delivery
  •       There are errors when using delivery aids like the forceps
  •       The baby becomes twisted during delivery because of delays 

The Hughes & Associates medical negligence team can handle the birth injury claim.

The severe vaginal tearing to the mother at birth can lead to infection, unnecessary pain and discomfort and issues with sitting, sleeping, and using the bathroom. 

There will always be some tearing at birth, but with the right team in place, there is not any need for unnecessary vaginal tearing to the mother. 

Severe vaginal tearing may happen if: 

  •       The mother has issues with delivery but does not get the planned Caesarean
  •       Delivery delays cause the need for emergency medical intervention
  •       The delivery team is negligent with the birth 

You may have a birth injury claim for the severe vaginal tearing due to medical malpractice. 

Internal organ damage to the mother at birth can affect the bowels, the bladder, the stomach, and the reproductive organs. 

The birth should be planned with the mother and her medical practitioner to avoid the need for medical intervention leading to internal organ damage. Negligent medical care can cause a birth injury, such as internal organ damage. 

Internal organ damage can happen when: 

  •       There are errors during the Caesarean Section
  •       There is misuse of delivery aids such as the forceps
  •       Avoidable delivery delays cause the need for emergency surgery 

The internal organ damage can affect the mother for life, and there may be a claim for medical negligence compensation. 

Hughes & Associates medical negligence solicitors in Dublin can make your birth injury compensation claim* for the injury to you and your baby.

How to make a medical negligence claim* in Ireland

To make a medical negligence claim* in Ireland, you need only take a few easy-to-follow steps, from talking to a personal injury solicitor to filing the compensation claim*. 

At Hughes & Associates Solicitors, we want to make a medical negligence claim* as easy as possible. 

You have gone through the effects of the medical negligence in the birth of your baby, and we can help you take the steps to a successful compensation claim*. 

The steps are designed to provide an efficient and effective way to make a medical negligence compensation claim*. 

The first step to make a medical negligence claim* is to contact a medical negligence solicitor. 

You can contact Hughes & Associates Medical Negligence Solicitors today and outline the issues you have experienced.  

A medical negligence claim* can be complex and very personal in many circumstances. You could know one of the delivery team or be a regular patient at the hospital or clinic. You may even be a HSE employee at the hospital. 

We will take the time to understand your situation and build a professional relationship with you.  

You and your solicitor work together to create your compensation case.  

One of the main aspects of this step is to gather evidence. We will want to look at your medical records, hospital ward notes, and any other accounts related to your case.  

We can call on other medical experts to develop your medical negligence claim* and see what happened in your birth injury negligence case. 

The solicitor helping you with the case will know what areas of evidence to cover and what will help your compensation claim*.  

Submission of the letter of claim to the negligent party is the next step in the medical negligence claims* process. 

In the letter of claim, your solicitor will outline the details of your case and how you suffered medical negligence during your maternity care. 

The negligent party could be the HSE, hospital authority, obstetrician, or private medical care clinic. 

In most cases of medical negligence, the letter of claim will be handled by the insurers of the negligent party. 

Dealing with the reply to your letter of claim is the next step in the medical negligence case. 

The negligent party, through their insurance company, will make a written reply to your letter of claim within a matter of months. 

In the letter of reply, they may admit to the negligence, offer compensation, or deny liability for your medical negligence claim*. 

You may need to go to court if the negligent party denies responsibility for the medical negligence or does not offer an acceptable level of compensation for your birth negligence injury. 

Court proceedings can be the next step if the defendant rejects the claim or you feel you should receive more in compensation. 

Court proceedings are rare, although your Hughes & Associates solicitor will be prepared. We may look to gather further evidence to support your claim when it comes to a court hearing.  

Often, a medical negligence claim* is settled on the morning of the court case when the negligent party realises you are not backing down and they look at your evidence or your expert witness. 

When the court case is successful, the process of paying compensation for medical negligence claim* will follow.  

Hughes & Associates Medical Negligence Solicitors can make your medical negligence claim* against the negligence party responsible for the birth negligence.

Make a medical negligence claim* today

Make a medical negligence claim* today by contacting Hughes & Associates Solicitors in Dublin. 

You could have a compensation claim* if you or your baby suffered an injury during birth. The mother could suffer excessive tearing, or the baby could have brain damage for life after a birth injury.  

The cost of birth negligence can be significant medical bills, the loss of income, or the need for full-time care for the baby, and you may make a medical negligence claim*.

Contact Hughes & Associates Solicitors today for a confidential and professional service with your medical negligence compensation claim*.

Contact the Hughes & Associates Team

    Phone
    +353 1 891 0020
    Email
    info@hughessolicitors.ie