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Paediatric Negligence Claims in Ireland

Paediatric negligence occurs when a medical professional fails to provide the standard of care expected in the treatment of a child, resulting in injury or harm. Unlike adult patients, children are particularly vulnerable to medical errors due to their developing bodies and inability to articulate symptoms. When mistakes occur, the consequences can be life-altering for the child and their family. In Ireland, medical negligence claims involving children must meet strict legal criteria. If you suspect your child has suffered due to a medical professional’s error, it is essential to understand your legal rights and options.

If your child has been affected by paediatric medical negligence, we are here to provide guidance and legal support. For confidential assistance, please call 1800-844-104 or email [email protected]. You can also visit us at our 84 Talbot Street, Dublin 1, Ireland office.

Understanding paediatric medical negligence

Medical professionals have a duty to provide a reasonable standard of care to their patients. In paediatric medicine, this duty extends to accurately diagnosing conditions, providing appropriate treatment, and ensuring the safety of young patients. When a medical practitioner fails in these responsibilities, and a child suffers harm as a result, it may be grounds for a paediatric negligence claim.

Common types of paediatric medical negligence

Paediatric medical negligence can take many forms, including:

• Birth-related injuries: Issues such as cerebral palsy, erb’s palsy, brain damage, and spinal cord injuries can arise due to errors made during pregnancy, labour, or delivery.
• Failure to diagnose or misdiagnosis: Conditions like meningitis, congenital hip dysplasia, and epilepsy require timely identification; delays can cause severe health complications.
• Surgical mistakes: Errors occurring during paediatric surgeries may result in long-term developmental challenges.
• Medication administration errors: Incorrect dosages or unsuitable prescriptions can have severe repercussions.
• Neglect in identifying and treating infections: Unaddressed infections such as sepsis or meningitis can lead to life-altering disabilities or fatalities.
• Poor management of chronic conditions: Improper handling of chronic illnesses like diabetes, asthma, or neurological disorders can result in deteriorating health.

Additionally, paediatric negligence claims can involve:

• Birth injuries
• Cerebral palsy
• Erb’s palsy
• General medical errors
• Delay in diagnosis of congenital or developmental hip dysplasia
• Neonatal care negligence involving early-life illnesses and conditions
• Neurological disorders such as epilepsy, brain injuries, and hypoxia
• Endocrinological conditions, including diabetes, thyroid dysfunction, and growth concerns
• Developmental conditions, including learning and physical disabilities
• Inadequate identification and treatment of severe infections such as meningitis, septicaemia, osteomyelitis, and tuberculosis
• Mismanagement of chronic illnesses, including childhood diabetes and epilepsy
• Failure to diagnose symptoms such as chronic headaches or declining vision, leading to delayed tumour detection
• Medication mishandling, including incorrect chemotherapy doses
• Incorrect or delayed fracture diagnosis, potentially causing abnormal bone development.
• Complications following tonsillectomy and adenoidectomy
• Unidentified seizure disorders such as infantile spasms, epilepsy, and pyridoxine deficiency
• Errors in managing childhood cancers such as leukaemia

Birth-related oxygen deprivation and its consequences

Errors during labour and delivery can sometimes lead to oxygen deprivation. This critical issue can result in severe medical conditions such as brain damage, skull fractures, erb’s palsy, and facial palsy. These injuries may occur due to delays in instrumental delivery, excessive force applied through forceps or ventouse, or improper monitoring of foetal distress.

Beyond birth-related injuries, medical negligence in paediatrics also extends to failures in diagnosing and treating common childhood illnesses and infections. Infants and young children are especially vulnerable as they may be unable to communicate symptoms effectively. When conditions such as meningitis, pneumonia, or congenital abnormalities are overlooked or misdiagnosed, the results can be severe, sometimes leading to permanent disabilities or, in the worst cases, loss of life.

Legal considerations for paediatric negligence claims in Ireland

Establishing medical negligence

To pursue a successful paediatric negligence claim, the following must be established:

• A duty of care exists between the healthcare provider and the child.
• The duty of care was breached due to negligence.
• The child suffered harm directly because of this breach.

Statute of Limitations for paediatric negligence claims

For most medical negligence claims in Ireland, the statute of limitations is two years from the date of injury. However, in cases involving children, the timeframe differs:

• A claim can be brought any time before the child turns 18.
• Once the child turns 18, they have until their 20th birthday to initiate legal proceedings.

It is advisable to begin the process as soon as possible to ensure access to all necessary medical records and expert assessments.

Steps to take if you suspect medical negligence

If you believe your child has suffered due to paediatric medical negligence, consider the following steps:

• Seek immediate medical attention: Consult another medical professional to prioritise your child’s health.
• Document everything: Keep records of medical appointments, diagnoses, treatments, and any changes in your child’s condition.
• Request medical records: Obtain complete medical documentation from hospitals or clinics involved in your child’s treatment.
• Consult a solicitor: Speak with a solicitor specialising in medical negligence to evaluate your case.
• Obtain an independent medical review: A medical expert can assess whether negligence occurred and provide an opinion supporting your paediatric negligence claim.

Our team

At Coleman Legal LLP, we understand the emotional and financial strain a paediatric negligence claim case can place on a family. Our team of experienced solicitors is dedicated to providing compassionate representation for families navigating paediatric negligence claims. We work with leading medical professionals to assess cases thoroughly, ensuring your child receives the justice they deserve.

Conclusion

Paediatric medical negligence can have long-term consequences for a child’s health and well-being. You can seek legal advice if your child has suffered due to medical errors. Legal action can help secure the support and care needed to ensure your child’s well-being and future health. If you need legal guidance on paediatric negligence claims in Ireland, we are here to help.

Coleman Legal LLP

Solicitors
84 Talbot Street, Dublin 1
D01 YX60
DX 112002

Contact Details

Free Phone: 1800-844-104
Fax: (01) 5312727
Email: [email protected]
Web: www.colemanlegalpartners.ie
Online Enquiry Form: Apply