Birth Injuries Solicitors

We understand the devastating effects a birth injury can have on a family, especially if the injury was caused by medical negligence.

Our experienced birth injuries solicitors can  guide you through the entire legal process, while you and your family recover.

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Types of
Birth Injury Claims

Although cerebral palsy is the most prevalent birth injury claim, there are numerous other sorts of birth injuries, such as various degrees of brain damage, scarring, or damage suffered during assisted delivery (e.g. forceps).

Our medical negligence team at Coleman Legal have dealt with every specific type of birth injury claim. We are currently representing clients in relation to

During Pregnancy

9

Maternal diabetes or gestation diabetes

9

Pre-eclampsia

9

Uterine rupture and placental abruption

9

Wrongful birth cases

Birth Injuries During Labour

9

Episiotomy

9

Second & third degree tears

9

Certain Forceps delivery or Ventouse delivery

Birth Injury Claim Eligibility

Contact a Solicitor

If you or a member of your family has been affected by substandard medical care, our team of medical negligence solicitors can assist you.

In order to be eligible to claim compensation for medical negligence at birth, it has to be shown that – 

Also, that the person responsible for your child’s injuries displayed a lack of skill or was unable to deliver acceptable professional performance.

Starting the Process Early

Speak to our
Medical Negligence Team

We have more than 30 years of collective experience pursuing claims for those who have been injured as a result of medical negligence, clinical negligence, or medical accidents.

Quite often, parents may find themselves reluctant to contact birth injury solicitors in the early course as it may feel like prematurely acknowledging that their child has an illness from which they might not recover.

If you’d want to seek compensation for a birth injury to your child, please schedule a call back request with one of our birth injuries solicitors.

Our birth injury team will investigate your case, and determine whether you have a claim. Contact us on 1800 844 104 (freephone) if you have any questions about claim time limits.

What facts could give rise to the possibility of a Birth Injury Claim?

Birth injury compensation claims may be applicable when your child has suffered an injury during

  • The antenatal care,
  • Care during the intrapartum period,
  • Care during the process of delivery,
  • Care in the resuscitation techniques employed or
  • Lack of care in the neonatal period, and there is an element of negligence by one or more of the medical staff.

Heavier than average babies and those born prematurely are more susceptible to injury and nursing staff are aware that they must take greater care of these infants, however, any breach of that lack of care either during or immediately after the birth may lead to a birth injury compensation claim.

When can I bring a claim for Birth Injury?

The current law in Ireland requires that a person must take an action for medical negligence, which includes a birth injury claim:

  • Within two years of the date of the event giving rise to the injury (Civil Liability and Courts Act 2004). This requires a Plaintiff in a medical negligence claim to act expeditiously.
  • However, birth injury compensation claims can be made by parents of children who have suffered a birth injury at any time up until the child’s eighteenth birthday acting as a “next friend”. Thereafter the child has two years to make a birth injury compensation claim in their own right.

However, we recommended that as soon as you believe your child has suffered a birth injury where an element of negligence was shown by a member of the medical staff, that you contact our experienced birth injury team who can assist you in the first steps in pursuing a birth injury compensation claim. You should act expeditiously to avoid Defendant successfully arguing that the case should be dismissed because of delay.

What are the essential criteria of a successful birth injury claim?

The existence of a duty of care, the breach of that duty, and a causal link between the breach and the resultant injury, loss, or damage to the Plaintiff are required for a successful birth injury claim. In such cases, it can be difficult to prove a causal connection between the alleged breach of duty and the resultant injury, loss, or damage.

Establishing a breach of duty:

In birth injury claims the alleged negligent care may arise as a result of failings in the antenatal care, care during the intrapartum period, care during the process of delivery, care in the resuscitation techniques employed, or lack of care in the neonatal period. Any or all of these elements of the care provided could give rise to a potential allegation of breach of duty.

How can I prove a breach of duty?

It is imperative to engage an appropriate expert to furnish his/her opinion on the level of care provided, such as an obstetrician, gynaecologist, neonatologist, etc. Usually, such experts are from the United Kingdom.

  • When we have received your instructions, we liaise with Senior Counsel on your behalf and consider the appropriate expert.
  • We then send him/her all of the obstetric, neonatal, and follow on paediatric medical records together with a detailed statement of events (prepared by the parents) and a letter of instructions summarizing the relevant facts and issues of the case requesting them to furnish their opinion on whatever specific areas are of concern.

In addition, it is worthwhile requesting the Hospital Protocols for the management of High-Risk Pregnancies, management of Foetal Distress in Labour, and Neonatal Management of Newborns. These protocols can assist in establishing or undermining a Plaintiff’s case at the outset.

Establishing a causal link between the disability and intrapartum events:

As above, it is essential that expert reports and opinions are sought from experts in paediatric neurology and/or paediatric neuropathology and/or neonatology to seek to establish a causal connection before pursuing a birth injury claim.

A legal representative  would usually be looking out for the following:

  • Evidence of foetal distress in labour
  • The cord blood pH
  • Condition at birth
  • Encephalopathy in the first 72 hours of life
  • The evidence available from radiological investigations including MRI scanning
  • Hypoxic-Ischemic injury to organs other than the brain

AvMA, a nonprofit dedicated to patient safety and justice, has given Coleman Legal its seal of approval. On their website, they provide helpful advice on how to choose a specialised solicitor for your medical negligence claim, which may assist you in making your decision.

Coleman Legal_AVMA Accreditation

Audio Blogs

Listen to our latest news and updates on Mother and Baby Homes

 

Article

Girl settles birth injury case against Cork University Maternity Hospital for €375,000

A High Court action brought on behalf of a girl whose shoulder was allegedly injured during her birth at Cork University Maternity Hospital has been settled for €375,000.

Article

Settlement in birth injury case against the HSE

Coleman Legal reached a substantial settlement in the case of a young boy against the HSE. The firm was instructed by the infant’s mother to take any action against the hospital concerned and the HSE for the catastrophic birth injuries.

Article

Girl settles birth injury case against Cork University Maternity Hospital for €375,000

A High Court action brought on behalf of a girl whose shoulder was allegedly injured during her birth at Cork University Maternity Hospital has been settled for €375,000.

Article

Settlement in birth injury case against the HSE

Coleman Legal reached a substantial settlement in the case of a young boy against the HSE. The firm was instructed by the infant’s mother to take any action against the hospital concerned and the HSE for the catastrophic birth injuries.

Article

Girl settles birth injury case against Cork University Maternity Hospital for €375,000

A High Court action brought on behalf of a girl whose shoulder was allegedly injured during her birth at Cork University Maternity Hospital has been settled for €375,000.

How we can help

Illegal Adoptions in Ireland – Redress

At Coleman Legal, medical negligence claims constitute a large part of our caseload, and with that comes first-rate experience and high awareness of the area in general by our practitioners. We can advise you on your case and you will be guided through the legal process as sensitively as possible with our support. To speak with one of our solicitors call 1800 844104 (free phone) or complete our online enquiry form.

Diane Treanor

Diane Treanor

Senior Solicitor

Johanna Ryan

Johanna Ryan

Senior Solicitor

Michelle Smyth

Michelle Smyth

Legal Executive

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002.

About Coleman Legal

Our friendly and experienced medical negligence team is waiting to take your call.

Whatsapp Enquiry

Line available from 9 a.m to 11 p.m. 0867815978

Dublin office

84 Talbot Street, Dublin 1
(1800) 844-104
info@colemanlegal.ie

Kerry office

Coleman Legal South, Co. Kerry
(+353) 86 0599872
keith@colemanlegal.ie

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