Birth Injury Compensation Claims

Birth injury compensation claims may apply when your child has suffered an injury during the birthing process and where they may have been an element of negligence delivering your baby.

Injuries that can lead to birth injury compensation claims are mostly related to the foetus not receiving sufficient oxygen during the delivery. This may be caused by the umbilical chord becoming trapped, a mother experiencing complications during the birth or improper handling and care of the baby once it is born. Unfortunately a reduction in the supply of oxygen to the brain may cause brain damage or may cause some other form of disability.

Brain injury can also be caused as a result of mismanagement during the pregnancy.

Cerebral Palsy Cases

Cerebral palsy is a term used to describe a group of long lasting conditions which affect body movement and muscle co-ordination. The disease is caused by damage to one or parts to the brain and damage usually occurs by one of four different ways –

• During development of the foetus
• Shortly after birth
• During the birth
• During the child’s infancy

Not all cases of cerebral palsy are directly linked to damage during birth. It can also be caused by congenital malformation of the brain which occurs while the foetus is growing in the womb.

Diagnosis takes time and doctors may have to wait to see specific movement problems developing before diagnosis can be made. A final diagnosis is usually not made until the child is approximately 18 months of age.

What Amounts to Negligence on the Part of the Hospital?

There are many instances of negligence which can result in permanent brain damage to a child. Some examples of these would include the following –

• A doctor may not order the appropriate tests during pregnancy
• A doctor may not interpret the results of scans or tests properly
• A doctor may not identify that an unborn baby is in distress
• A doctor may not deliver a baby for over 24 hours after its mother membranes have been ruptured
• A doctor may use vacuum extraction excessively during birth

How Long Have I to Take a Claim?

Birth injury compensation claims can be made by parents of children who have suffered a birth injury at any time up tom the child’s 18th birthday acting as their “next friend”. Thereafter the child has a birth injury compensation claim in there own right. However, the process is very complex and it is recommended that as soon as you believe your child has suffered a birth injury where there may elements of negligence on the part of medical staff then you should contact a specialist medical negligence lawyer.

How do I go About Making a Claim on Behalf of my Child?

If you feel you have a legal claim for negligence please contact Moloney Solicitors by phoning 045 898000 or by filling out online enquiry form on the home page. Liam Moloney, Solicitor, who specialises in medical negligence law will contact you to advise you of your legal rights and entitlements.