Birth Injury Claims
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Every child and family deserve to have a life free from negligence and inexcusable medical mistakes. When an innocent child suffers a birth trauma or birth injury, the family has every right to seek compensation for the damages done. Pursuing a birth injury claim can provide the financial resources necessary to make a life better for a child who has suffered a birth defect, to provide the rehabilitation and medical resources required to make a half-life into something that the family can tolerate. In some instances, injury to the mother may cause her to make a claim.
Call 01-6144565 today for expert advice on the next steps.
What Medical Negligence can cause Birth Injuries?
A birth injury is usually a result of medical negligence. The negligent practices of medical staff that can lead to injury to the baby or the mother encompass a number of errors and mistakes made throughout the prenatal, perinatal, and postnatal periods.
Using delivery instruments improperly
The most prevalent causes of injury during the birth process involve using delivery instruments improperly. When delivery instruments, such as forceps or vacuum extractors, are used incorrectly, they can cause injury during birth. For the most part, birth injuries can arise due to the unskilled use of the instruments.
Improper or delayed caesarean sections
Improper or delayed caesarean sections can also have serious outcomes for mother and baby. Failure to perform a medically needed C-section in a timely manner can lead to a prolonged labour that can, in turn, cause the baby to suffer oxygen deprivation and other serious problems such as brain damage.
Medication error
The baby can be harmed if there is a medication error during labour. If the mother is given the wrong medication or an incorrect amount, it can and has led to birth defects. Surveillance in labour and delivery is of the utmost importance. The right medications at the right times can mean the difference between a healthy baby and a poor outcome.
Types of Birth Injuries that can happen to babies
Cerebral Palsy
Cerebral palsy is a collection of neurological disorders that impact movement, muscle tone, and posture. They affect the neuromuscular systems, which are responsible for the body’s movements. The most affected area is the brain, but they can also involve other parts of the central nervous system. Cerebral palsy can cause everything from mild problems with the use of the arms and hands to very severe situations in which a person cannot control any part of their body. Consequences can also include quite serious intellectual problems. Of all the disorders that come under the heading of “neurodevelopmental disorders,” cerebral palsy affects more people than any other disorder. When it occurs due to medical negligence, it entitles the victim to bring a claim for compensation.
Erb’s Palsy
Erb’s palsy is a kind of brachial plexus injury that happens when birth nerves around the shoulder get damaged. If there is too much pulling or stretching of the neck and shoulder during birth, this can happen.
Neonatal Death
A baby dying before or at the moment of birth after 20 weeks of gestation is classified as a stillbirth or a neonatal death. Neonatal death can also happen to a baby born alive, but who doesn’t live long enough to see his or her first month. Children with birth injuries often die neonatally.
Hypoxic-ischemic Encephalopathy
Hypoxic-ischemic encephalopathy is an injury to the brain that occurs from lack of oxygen and not enough blood (reduced blood flow) to the baby’s brain either before or shortly after birth. HIE can lead to serious problems with the baby’s brain and nerves. This is a very serious birth injury and babies born with HIE may have neurological and developmental problems.
How our services can help with your birth injury claim
An expert medical negligence solicitor is who you need when you’re up against a birth injury case. Here’s why you should discuss your case with a solicitor in our firm:
We Are Thorough
At Michael Kellher Solicitors, we leave no medical record and no piece of evidence unexamined in both securing a strong claim and ensuring that we can express the totality of the impact the injury has had on you or your child.
We Win
We do not just win cases; we win them with maximum damages, negotiated settlements that achieve “the best possible results” for you, and, in all circumstances, fair compensation for medical expenses, rehabilitation, and both you and your child’s ongoing care.
We Litigate
Should it become necessary, we take your case to court and fight on your behalf. We present the compelling evidence we have gathered to establish your right to recompense. In doing this, we assume the burden of the legal work so you can focus on putting your life back together.
We Support
You can count on us to walk with you every step of the way and to help you get answers, justice and the compensation that you need to take care of your family and to help you establish a life that you can call your own.
Make a birth injury compensation claim with Michael Kelleher Solicitors Today
The process of making a birth injury claim can seem hard and even too much to take on when you’re already under emotional stress. Luckily, the birth injury claims solicitors here at Michael Kellher Solicitors are well-versed in the intricacies of birth injury lawsuits. We are here to help you through the process, step by step, so you can get the compensation you deserve for your family.
Obtain your Medical Records
Accumulate all pertinent medical documents, including those related to pregnancy and to labour, documents connected to the actual delivery, and any information resulting from care received after the birth. These records are very important when establishing a case.
Injury Documentation
Maintain a comprehensive record of the effects of the birth injury, from the moment of diagnosis through all prescribed treatments and therapies. Amend the records as needed to reflect the child’s ongoing condition and development. Take pictures, and if possible, get testimonials from the child’s healthcare providers.
Gather Professional Insights
We collaborate with medical authorities to scrutinise the situations surrounding a traumatic birth. They then determine if it was the result of negligence and furnish an expert analysis to back up your legal action.
Initiate the Claim
Our solicitors will prepare and submit all essential legal paperwork to get your birth injury claim underway. We will of course comply with all legal technicalities, deadlines, and other necessary requirements.
Reach a Settlement
Your attorneys will speak with the at-fault parties and their insurers to work out a settlement that pays for all your damages. If the at-fault parties have a good reason to be at fault, our aim is to ensure they take responsibility. And if they won’t, our aim is to ensure their insurance companies cover you.
Go to court (if needed)
If a satisfactory resolution can’t be reached, our solicitors can help you pursue a claim. They will represent you at trial and will do everything they can to present a clear and strong case in your favour.
Get Compensated
After the claim has reached a resolution, the compensation you were awarded will be given to you. This money will help pay for the costs associated with the birth injury and can also be used for your child’s long-term needs.
What are the most important things to remember?
There are a few key considerations that are of the utmost importance to keep in mind.
Time Limit
Firstly, you need to pay attention to the statute of limitations that pertains to these kinds of claims. If you were to let too much time pass after the injury occurred before filing the claim, you would be absolutely assured of a denial when you got around to filing it. The Statue of Limitations for a Birth Injury Claim is two years from the date or Injury or date of Knowledge.
Getting Evidence
An equally important part is compiling complete and pertinent evidence. You need to get together all the relevant medical records, all the documentation that shows the extent to which the injury has affected your life, and any other proof that can back up your case.
Securing expert medical opinions
The role of an independent medical expert is to analyse the conditionality of an injury and to provide a professional opinion in support of your claim. Their analyses and pronouncements help to establish the necessary causal connection between the injury and medical negligence. This is a big part of the lead-up to successful resolution of your case, whether through negotiations or at trial.
The Birth Injury’s long-lasting effect
It is important to consider the potential long-term effects of the birth injury, such as the future medical needs it could necessitate, the rehabilitation it could require, and the amount of special care it could demand.
Frequently Asked Questions
You can claim compensation for a birth injury if:
- Your healthcare providers were negligent, made errors, or otherwise acted unreasonably during your pregnancy, labor, or delivery.
- There is evidence that the birth injury was caused by medical negligence.
- Your child has sustained a birth injury that has harmed them significantly in physical, cognitive, or developmental ways that will affect their quality of life.
- The legal window for filing a claim is not yet closed.
You can claim a wide range of money for negligent childbirth injuries, and the amount can vary a lot from case to case. Figures range in the millions of euros for serious, life-altering disabilities, and they can cover a broad range of necessary medical treatments over the course of the victim’s expected lifespan.
Because of the intricacies involved in these cases, it is of the utmost importance to contact a birth injury solicitor who has the relevant experience to determine the probable outcome in terms of compensation.
The time frame within which one must make a medical negligence claim involving a birth injury is usually set at two years from the date of the injury (or from when the injury became known to the victim).
In birth injury cases where the victim is a minor, the time limit for filing a claim does not start to run until the child reaches the age of 18. In some situations, the time limit may be extended for a few years beyond that, especially if the injury was not immediately obvious. If you are considering filing a birth injury claim on behalf of your child, be sure to bring your claim as soon as possible. The passage of time erodes evidence and witnesses may not be available that are required to prove your case. Should you wish to discuss a claim that has occurred outside of the time limits to issue proceedings please contact the office to arrange a consultation with one of our expert birth injury solicitors.
How long a birth injury claim lasts can differ a lot and depend on various elements. When both sides are willing to negotiate, an agreement can be reached quickly—sometimes in a few months. But if the parties are quarrelsome and unable to see the other side’s point of view, the negotiation can become protracted. And if the dispute does indeed go to trial, the resolution can take a long time, too, often a year or more.
To demonstrate that your child’s birth injury was the result of a breach in the duty of care, you must prove that the standard of medical care was not met by the medical professional or healthcare provider during pregnancy, labour, or delivery. Prenatal, labour, delivery, and post-delivery medical records are essential in pinpointing any medical acts or omissions that might have caused an adverse outcome. The records must be reviewed thoroughly to ascertain if a breach of duty may have occurred.
Before starting the claim process, seek legal advice from a solicitor who specialises in medical negligence. A solicitor with this expertise will ensure that your complaint is handled expertly and that your case is presented with the best chances of attaining a favourable verdict.
Contact Our Dedicated Birth Injury Claims Solicitors
If you wish to discuss taking your birth injury claim through the legal system, you need a solicitor that has, the knowledge, and skill to correctly ascertain the merits of your case and the ability to progress your case efficiently and comprehensively. We at Michael Kelleher Solicitors are deeply devoted to the victims of birth injuries and strive to achieve the best possible outcomes for you and your family.. We have decades of experience among our birth injury law solicitors, and we consider ourselves pioneers in this field. We take some of the most complicated, most contentious birth injury cases and obtain the best results for you and your family.
Our medical negligence team is known across the country for its excellence.
We advocate for our clients with a fierce intensity, pursuing justice and substantial compensation with relentless vigour. With a history of securing substantial verdicts and settlements, we have proven our ability to deliver results.
By selecting us, you choose a dedicated and tenacious group of individuals who desire to see our clients and their children achieve justice. We will hear your story and serve as your advocates from the moment you step through our door until your case is resolved. If you or your loved one has suffered a birth injury caused by medical negligence, contact our solicitors today.
Call us today to discuss your options.
If you are dealing with a legal issue, our solicitors will be happy to speak with you about your options You can contact us by phone on 01-6144565 or call to visit us at 149 James’s Street, Dublin 8. Telephone: 01 614 465 Email: info@mks.ie