Delivering a healthy baby at the end of a pregnancy is the most important aspect of child birth; for a mother, infant and the medical staff in the delivery room. This unfortunately is not always the case. Accidents can happen on the part of the medical staff which lead to an injury to the baby or the mother. Birth Injuries can arise through the improper use of birth assisting tools such as forceps.
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Birth assisting tools such as forceps may be used by a medical professional whilst delivering a baby. Although they are efficient more often than not, on occasion medical negligence may occur if the forceps are used improperly by a medical practitioner.This can cause personal injury to the mother or the baby. If you believe that you have sustained personal injury through the improper use of forceps by a medical professional, it is imperative you speak with a solicitor as soon as possible.
Some cases of medical negligence that can lead to forceps injury claims are:
Any of the causes of birth injuries can lead to injuries of varying degrees. Some physical injuries to the baby or mother are noticed immediately and treated immediately. In some cases, the injury may not be noticed immediately following the birth of the child.
Although they are aware that forceps on occasion can lead to a birth injury being sustained, they will do all they can to eliminate the risk of injury occurring to both mother and child.
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For more information and a confidential discussion on your medical negligence claim, call Elaine Hickey, Head Medical Negligence Solicitor, on +353 1 649 9900 and tell her about your medical malpractice case or reach out via email to ask@traceysolicitors.ie and she can call you back.
Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a specialist medical negligence solicitor to help you with this.
If you feel that you were not provided with appropriate medical treatment whilst under the care of a medical professional which resulted in injury due to the actions or in-actions of a medical professional, then speaking with a medical negligence solicitor following the injury is imperative. Medical negligence is a complex topic in Irish law. Speak to a medical negligence solicitor when bringing a claim forward. This ensures that no essential steps are missed throughout the legal process. Bringing a claim forward without having spoken to a solicitor can delay your claims procedure. A solicitor can help to determine your birth injury time limit claim.
In order to make a claim, it must be established and proven that the injury sustained was caused by the medical negligence of the doctor or medical staff tasked with either your prenatal care, pregnancy, delivery and/or aftercare. Therefore, after having spoken with you about your case, your solicitor will then request access to your medical records. At this stage, the solicitor will have your medical records assessed by an independent medical expert. This will help determine whether a surgeon or medical staff who treated you had, in fact, administered substandard medical care and if negligence was the cause of the injury and if your injuries/outcome could have been avoided if the appropriate level of medical care had been adhered to.
If the independent medical expert has concluded that medical negligence has occurred, then your solicitor will draft a Letter of Claim to the medical practitioner who treated you. A Letter of Claim will outline the nature of your case and invites the medical practitioner to settle your case. The next steps involved are heavily dependent on your case and response to your Letter of Claim and will determine whether your case will be brought to court or settled outside of court. Your solicitor will be on hand every step of the way to guide you through this process.
At Tracey Solicitors LLP, our dedicated birth and gynaecological injury solicitors have years of experience in helping parents deal with traumatic birth injury claims. We understand the injuries, both physically and emotionally, that you have suffered and have supported and helped many people in similar situations proceed with medical negligence claims in Ireland over the past 30 years.
For more information and a confidential discussion on your birth or gynaecological injury claim, phone 01 649 9900 or email ask@traceysolicitors.ie to tell us about your case, where you can speak with a member of our team straight away.
We aim to provide clear and independent legal advice and achieve the best possible outcomes for our clients.
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If you are to proceed with a medical negligence claim you may be entitled to claim compensation for the accident and added expenses, you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following a medical negligence injury.
Special damages are out of pocket expenses incurred as a result of the medical negligence injury, for example, loss of earnings (if you are out of work), medical bills, added travel costs as a result of the accident (for example, travel to and from the hospital) and future care costs. Learn more about Special Damages.
There is a strict legal time limit on how long you are entitled to make a personal injury claim for medical negligence. This is called the Statute of Limitations.
In general, a person has two years, minus one day, from the date of the injury, or date of knowledge of an injury, to make a claim for compensation.
The rule is different for minors (under 18 years of age). A minor cannot bring a personal injury claim forward themselves. However, a parent or guardian can do so on their behalf at any time before the child’s 18th birthday.
Whilst technically the statutory period of two years minus a day does not apply to children until they reach the age of 18, it is advisable to pursue any claim before the child’s 18th birthday arrives, and ideally within the normal two year minus a day time period.
This will avoid the case being compromised by any delays.
We recommend contacting a solicitor as soon as possible following an injury for guidance on the individual circumstances of the case and the statute of limitations.
Learn more about Legal Time LimitsWe draw on more than 35 years of experience in personal injury law to provide you with expert advice and legal services.
We’re here to help you with your claim, and will work with you to ensure you understand every step of your legal journey.
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