If a parent is concerned about substandard medical care undertaken during the birth of their child, they will have a lot of questions about the care itself, the present needs of the child and indeed future needs of the child.
If you wish to obtain an appointment to discuss the matter we can be contacted on the numbers below.
Birth injuries are injuries that occur to infants during the labor / delivery process. Injuries can occur which are minor bruises or serious matters, such as, erb’s palsy, cerebral palsy and brain damage.
Common Causes
Brain injuries can during delivery for a myriad of reasons.
Some examples are :
- Birth complications
- Hypoxic – ischemic encephalopathy. This happens due to oxygen and blood flow deprivation.
- Traumatic birth : This could be due to excessive force during delivery, incorrect usage of forceps or birthing tools etc. There could be an issue for a babies head of shoulder with shoulder dystocia.
- Placental abnormalities
- Preterm birth complications
- Fetal distress issues
- Infections
- Medical errors
- Genetic factors
Cerebral Palsy
CP concerns a neurological disorder that affects movement, coordination, muscle tone etc. It is caused by abnormal development or damage to the parts of the brain that control movement and posture, often occurring before or during birth, or in early childhood. Its severity and symptoms can vary widely among individuals.
It can be caused by, for example a birth injury, infections, genetic factors, trauma or a premature birth.
Ongoing support and early intervention can be important to assist the child.
With cerebral palsy, for example, an important issue for the parents will be trying to establish what the cause of the issue is. The mother will be aware of the care undertaken in the hospital and if substandard care arose.
Healthcare providers have a standard of care which must be adhered to.
Legal Time Limits
Children under 18 do not have legal capacity to commence a legal case.
A parent of the child must initiate legal proceedings within 2 years of the date of the incident.
Once the child reaches the age of majority being 18, the injured party has within two years to initiate their own legal proceedings.
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We help people injured due to negligence attain restitution to their pre-incident position, as much as is possible, for the pain, suffering & financial loss, by seeking damages from the negligent party on their behalf.
FAQs
Can I file a birth injury claim on behalf of my child ?
A parent of a child can initiate such a civil claim on there behalf. There must be cogent & supporting medical evidence the claim is based on, however.
How is liability determined in a birth injury case ?
In essence the law needs to be applied to the facts of each individual case.
Evidently as the nature of this legal action type concerns medical care, then the experts required to give evidence to court, having reviewed the medical care and prepared reports are doctors.
For an injured person to prove that a medical person is negligent, the following factors must be considered:-
- Was there a doctor-patient relationship in place?
- Was the medical professional negligent?
- Did the medical professional’s neglect cause harm and injury?
- Was the medical professional at fault for the misdiagnosis?
- Did the medical professional perform the improper treatment?
- Did the medical professional inform the patient of the expected risks ?
Kieran Cleary and Roger Cleary, Medical Negligence Injury Solicitors can help with questions you may have regarding negligence, liability, case viability etc. and our numbers are (01) 546 1121 or (052) 612 1999 or our email address is info@clearysolicitors.com
Disclaimer
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.