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.*
The most common birth injuries are bruising, swelling and fractured bones. These usually heal quickly and are a natural/ an unavoidable consequence of the delivery. The more serious birth injuries include:
· Cerebral Palsy
· Brachial Plexus injury and Erb’s Palsy
· Bell’s Palsy and Facial Paralysis
· Neonatal death
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.
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.