Many births are straightforward and, thankfully, all goes well for mother and baby. Sometimes, however, a failure to meet an acceptable standard of care means that birth injuries to mother or baby occur.

Where medical negligence leads to harm for mother or baby, a birth injury claim can help to compensate for the physical, emotional, and financial effects of the birth injury.

Valerie Kearins Solicitor is a medical negligence solicitors based in Sligo and can help you to navigate the complex birth injury claims process. Our team has experience of medical negligence claims and can provide advice and assessment to guide you in making a claim.

Table of Content

What is a birth injury claim?

A birth injury claim is a type of medical negligence claim that arises when an injury to mother or baby before, during, or after birth is due to substandard care by medical professionals.

Pregnancy and birth can be an emotional and worrying time and we trust the medical staff that treat us to provide the best care during the birth process. However, errors, omissions , and a failure to meet an acceptable standard of care may mean that a birth injury occurs.

A birth injury compensation claim is a legal remedy that aims to provide compensation for the injury and any financial loss that you or your baby has suffered due to a birth injury.

Types of birth injury claims

Birth injury claims can arise where care from a doctor, consultant, nurse, midwife, or the HSE or hospital is negligent in the care of mother or baby.

Some types of birth injury claim include the following:

Use of forceps during childbirth, or assisted birth, can lead to various injuries to the baby such as brain damage and fractures, for example. Uterine rupture, and damage to the bladder and urethra, as well as vaginal tears can also occur for the mother.

Medical professionals should be trained and experienced in the use of forceps and they should only be used where medically necessary due to the high risk of complications.

Medical negligence can lead to a range of complications during birth which can lead to brain damage or brain injury for the newborn.

Brain damage or brain injury can occur during birth due to trauma to the baby’s brain, bleeding in and around the brain and a lack of oxygen to the baby’s brain at birth.

Hypoxic ischemic encephalopathy (HIE) occurs where oxygen or blood flow to the baby’s brain is reduced or stopped at birth.

Cerebral palsy affects movement, balance, and posture of a child and can be due to brain damage at birth. Many birth complications can lead to cerebral palsy in a newborn.

Cerebral palsy caused by head trauma and lack of oxygen at birth can be a result of medical negligence and errors before, during, and after birth.

Erb’s palsy and brachial plexus injuries affect the network of nerves that control the muscles of the shoulders, arms, and hands.

This can be caused by shoulder dystocia where the baby’s shoulder becomes stuck in the birth canal during birth. Excessive force during birth or lack of intervention where indicated can lead to these conditions.

Spinal cord injuries at birth can lead to leg or neck damage, quadriplegia, or can be fatal to the newborn.

Medical negligence during birth such as rushed delivery, improper use of forceps or vacuum, or undiagnosed spina bifida in the baby can are common causes of spinal cord damage.

Many babies develop mild jaundice and it is easily treatable but untreated jaundice can cause long term problems for the newborn.

However, errors in newborn care such as lack of oxygen at birth, trauma that leads to bleeding or bruising to the newborn, or a lack of timely detection of jaundice can all lead to newborn kernicterus which can have long term consequences such as cerebral palsy and intellectual disability.

Stillbirth tragically occurs when a baby is born at or after 24 weeks gestation without signs of life.

Sadly stillbirth can be the result of medical negligence where there are failures in antenatal care such as a failure to identify potential complications, failure to monitor signs of foetal distress, failure to refer to a consultant where appropriate, and delays in delivering the baby where necessary.

Perineal tears are the most common type of birth injury and involve damage to the perineum in mothers, 3rd and 4th degree tears are the most severe.

Medical negligence occurs where there is a failure to identify the risk of a tear and a failure to avoid a tear during delivery, as well as surgical error in repairing a tear after delivery. Serious complications such as fistulas, or bowel damage can have life long consequences for the mother. Infections arising from negligent care of tears can also lead to sepsis.

Surgical errors during caesarean section can lead to a birth injury to the mother such as damage to the uterus, damage to other pelvic organs, pelvic injury, haemorrhaging or blood clots.

Caesarean sections can be delayed or performed inappropriately, leading to avoidable injuries to mother and baby.

Preeclampsia can commonly occur during pregnancy but, where symptoms are not recognised by a medical professional or monitored appropriately, it an lead to eclampsia which causes seizures during pregnancy and can be life threatening.

Preeclampsia can also cause placental abruption which cause the placenta to separate from the uterus before birth leading to decreased oxygen to the baby and excessive bleeding in the mother.

Nerve damage can occur during birth especially in first time mothers, where a mother has to push for a long time, and where forceps are used.

Nerve damage can lead to pain and/or weakness in one or both legs, and a loss of bladder or bowel control. Where nerve damage is the result of medical negligence, it can be due to incorrect use of forceps or a delay in intervention during a long labour.

Thankfully advances in medical knowledge and treatment mean that maternal death is rare, but sadly it does occur. Maternal death can be caused by maternal haemorrhage, surgical errors, uterine rupture, or eclampsia or other causes.

Where maternal death occurs due to medical negligence or substandard medical care, it is called wrongful death and could lead to a fatal injury claim.

Contact Valerie Kearins Solicitors Today

If you feel you have been the victim of medical negligence and you are considering filing a claim for compensation, feel free to get in touch with Valerie Kearins Solicitors for an assessment of your case.

Who can make a birth injury claim?

If you or your baby has suffered a birth injury as a result of medical negligence or substandard obstetric care by a doctor, consultant, midwife, or other medical professional antenatally, during or following the birth then you may be eligible to make a claim for compensation.

Parents can make a claim on behalf of their baby for injuries suffered by the baby, and for future care needs if this applies.

How to make a birth negligence claim

Not everything goes to plan during childbirth and sometimes babies are born with birth defects that are due to genetic or other factors or childbirth leads to injuries for reasons other than negligence.

If you have experienced a birth injury as a result of negligent or inadequate medical care and you are considering making a birth injury claim, speak to an experienced medical negligence solicitor such as Valerie Kearin’s Solicitor. 

An experienced birth injury solicitor will assess your claim, gather evidence, obtain your medical records, and seek independent medical expert opinion in your case to establish medical negligence.

Where your medical records, and an independent expert opinion suggest negligence, a letter of claim will be sent to the healthcare provider.

You may be offered a settlement at this stage or your claim may proceed to court. Many birth injury cases are settled prior to this stage and your medical negligence solicitor will advise you at each stage.

Level of compensation

A birth injury solicitor will also offer guidance as to an appropriate level of compensation for you or your baby’s pain and suffering, you or your baby’s physical and psychological injuries, and your current and future financial loss resulting from your birth injury.

A child who has suffered a significant birth injury may need care for life and this is reflected in the, sometimes very high, settlement awards made by the courts.

Medical expenses incurred as well as other financial losses such as accommodation for medical appointments or for parents of a sick baby as well as loss of earnings are also compensated by any award made.

Contact Valerie Kearins Solicitors Today

If you feel you have been the victim of medical negligence and you are considering filing a claim for compensation, feel free to get in touch with Valerie Kearins Solicitors for an assessment of your case.

Time limits

Birth injury compensation claims differ from other medical negligence claims and personal injury claims in that the time limits may be extended beyond the usual two year limit.

This is to allow for the fact that the effects of a birth injury on a child may not be known until their development is affected and they begin to miss developmental milestones. A child’s health and care needs may not always be immediately apparent and updated medical reports may be required as your claim progresses.

In some cases, there may be a deadline of when the child turns 20 to make a birth injury claim. It is best, however, to speak to a birth injury solicitor as soon as it becomes clear that you or your child has suffered a birth injury and they will advise you.

Make a Medical Negligence Claim today!

Valerie Kearin’s Solicitor is experienced in  medical negligence claims amd can advise and support you in making a birth injury claim.

Our experience and expertise can help you to secure the compensation that you deserve following a birth injury and we aim to guide you through the legal process and achieve a successful outcome.

Based in Sligo, you can contact us by filling in our online contact form, or by phone and email to discuss your claim with us.

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Phone

071 91 49799

Email

valerie@vkearinssolicitor.ie