Becoming a parent is usually one of the happiest times of your life. In the vast majority of cases this happens without complication.
Unfortunately, there are times when things go wrong and your child is injured. A difficult birth can result in a child being injured which could not have been predicted or prevented by your medical team. However, if the level of care you or your child received was negligent, where perhaps you were not properly monitored or there should have been earlier medical intervention, and the injuries are caused by the negligence or lack of care by the doctors, midwives or hospital involved in the delivery of your child, it may be possible to bring a claim for compensation for medical negligence.*
Helen Coughlan
Medical Negligence Solicitor
Helen Coughlan is a partner and advises on medical negligence*, family law and personal injuries*. Helen is a qualified family mediator and collaborative law practitioner and is Chairperson of the Family and Child Law Committee of the Law Society.
Birth Injuries to Children and Babies: A Closer Look
Birth injuries to children and babies can vary in severity, from minor bruises to more severe, life-altering conditions or issues that affect a child’s physical and cognitive development.
The most common birth injuries are bruising, swelling and fractured bones. These usually heal quickly and can be a natural/an unavoidable consequence of the delivery. The more serious birth injuries include:
- Cerebral Palsy: This condition is often a result of brain damage before, during, or shortly after birth, leading to lifelong motor disabilities. Legal claims may focus on whether timely action could have prevented the oxygen deprivation that led to cerebral palsy.
- Brachial Plexus Injuries (Erb’s Palsy): These injuries occur when the nerves responsible for arm and hand movement are damaged. They can happen during a difficult delivery, for example, if excessive force is applied to extract the baby.
- Fractures: The clavicle or collarbone is the most commonly fractured bone during birth. While fractures typically heal, the manner in which they occur can sometimes point to negligence.
- Perinatal Asphyxia: This serious condition results from the baby not receiving enough oxygen before, during, or immediately after birth and can lead to significant neurological damage.
- Intracranial Haemorrhage: Brain haemorrhages in newborns can result from trauma during delivery and may lead to long-term neurological issues.
- Bell’s Palsy and Facial Paralysis
- Neonatal death
- Stillbirth
Claims for Medical Negligence Involving Birth Injuries
To prove that the injury your child sustained at birth was due to the negligence of the doctor, nurse or hospital, it will be necessary to show that the management of the delivery fell below an acceptable standard of care.
Claims for medical negligence involving birth injuries rely on medical opinion. It will be necessary to engage a medical expert to review both your and your child’s medical records. In successful cases the expert will show that the management of your child’s birth was negligent.
The level of compensation awarded will depend on the injury to your child, the loss of quality of life and the cost of future care. No amount of compensation will ever make up for the injuries your child sustained. However, it can ensure that your child receives the best possible medical care and have as normal a life as possible.
It is a heart-breaking decision for a parent to acknowledge that a child will be disabled for the rest of its life. You may not be ready to make a birth injury claim yet. Talking to a solicitor will enable you to get the necessary information and advice you need to make an informed decision.
Seeking Legal Support and Guidance
We at Patrick J Farrell and Company will help you. We will obtain your medical records and guide you through the legal process. We engage barristers and experts with extensive experience in dealing with medical negligence cases and in particular birth injuries.
If your baby suffered an injury at birth please contact us. We will listen to your account of what happened and advise you fully in relation to any claim you might have.
