Birth Injury Claims *
Types of Injuries
- Birth Injuries
- Birth defects.
Injury or Defect?
Injury to the Baby
Birth injuries to a newborn baby as a result of medical negligence * can have different medical complications for the newborn . this type of birth trauma can have life-long effects on the quality of life of the child. Some of the most common reason for childbirth malpractice * cases are:
- Brain Damage
- Perinatal Asphyxia – where a newborn does not receive enough oxygen
- Hip dysplasia
- Cerebral Palsy
- Erbs palsy
- Forceps and Vacuum Extractor Injuries
- Spinal Cord Injuries
- Pelvic injuries during birth
- Facial Paralysis
- Erb Palsy, also known as Brachial Plexus Injury (damage to the nerves that send signals from the spine to the shoulder, arm and hand.)
- Fractures to collarbone, arm or skull
- Untreated jaundice, kernicterus and hyperbilirubinemia
Injury to Mother
Injury to the mother can be sustained during before or after the birthing process . These injuries can be a result of medical negligence * . Inadequate medical care can lead to the following complications :
- Pregnancy malpractice/Maternal birth injuries – mismanagement of the pregnancy
- Complications caused by delivery using forceps
- Abnormal bleeding caused by medical negligence
- Injury to bowel or bladder
- Pelvic injuries during birth
- Broken bones
- Vaginal tears or lacerations
- Ruptured uterus
- Incorrect caesarean section
- Pre-eclampsia or eclampsia
- Incorrect Stitching following caesarean section
- Nerve damage after giving birth
- Post-traumatic stress disorder
- Wrongful death of the mother
Not all births go to plan. Doctors do have to deal with difficult delivery of babies throughout their careers . A difficult delivery is something an experienced doctor should be able to handle . Enabling them to reduce the risk of any unwanted injury to both mother and baby . In cases, the actions or in-actions of medical professionals involved in delivering the baby can lead to injuries to the baby and/or the mother. Some cases of medical negligence * that can lead to injury are:
- Incorrect interpretation of ultrasound
- Failure to perform the necessary tests and examinations during pregnancy
- Prescription of the incorrect medication during pregnancy
- Failure to track the baby’s heart rate
- Improper manipulation of the baby’s body during delivery
- Failure to deal with an emergency situation adequately
- Incorrect use of forceps during delivery
- Blunt force trauma to baby or mother
- Delayed birth – When the baby remains in the birth canal for too long . Leading to injury from the prolonged pressure from the birth canal on the baby’s brain.
Any of these 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 more severe cases the injury may not be noticed immediately following the birth of the child.
- Impact the injury has on your quality of life of the child and/or mother
- Earnings you have lost, if you are absent from work
- Future earnings lost as a result of the injury
- Medical cost for treatment of the injury
- Future medical costs, if long-term treatment is needed
- Out of pocket expenses, like travel costs
- Psychological injuries
Making a Claim
1. Speak with a Solicitor
If you feel that you were not provided with appropriate medical treatment throughout the pregnancy or the birth of your child. 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 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.
2. Medical Records
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 was 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 record assessed by an independent medical expert. This will help determine whether the surgeon who performed the procedure 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.
3. Letter of Claim
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 / delivered your baby. 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.
TELL US ABOUT YOUR CASE
At Tracey Solicitors, our dedicated birth injury solicitors * have years of experience in helping parents deal with birth injury claims. We understand the injuries (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 a confidential discussion, call Caoimhe McConnell, Head Medical Negligence Solicitor, on 01 649 9900 and tell her about your medical malpractice case or reach out via email to firstname.lastname@example.org and she can call you back.