Birth Injury – Mother & How To Claim

Injury to the mother can be sustained prior to, during or following the birth. These injuries can be a result of medical negligence. Inadequate medical care can result in these complications:

• Pregnancy malpractice/maternal birth injuries – mismanagement of the pregnancy.
• Vaginal tears or lacerations.
• Pelvic injuries during birth.
• Broken bones.
• Ruptured uterus.
• Complications caused by delivery using forceps.
• Abnormal bleeding caused by medical negligence.
• Incontinence.
• Damage to bowel or bladder.
• Nerve damage after giving birth.
• Post-traumatic stress disorder.
• Wrongful death of the mother.
• Forceps Injury.
• Incorrect caesarean section.
• Infection.
• Pre-eclampsia or eclampsia.
• Improper stitching following caesarean section.

How To Make A Childbirth Injury Claim 

To bring a medical negligence case for, you must prove that the injuries you have suffered would not have occurred if the treatment you received had not been substandard, as de ned by law. 

To prove this, you must have all relevant medical records and documentation relating to your case. Such records will en- able your medical expert to demonstrate the negligence of your treatment. 

1. Speak with a Solicitor 

If you feel the medical treatment you were afforded during your pregnancy resulted in an injury to you or your baby; you may be entitled to claim compensation. However, bear in mind that medical negligence is a complex topic in Irish law. As such, it is highly recommended that you speak with a med- ical negligence specialist solicitor to discuss your case. They will ensure all the required details are taken care of and that your claims procedure is not delayed. 

2. Medical Records 

Next, the medical negligence specialist solicitor will request access to your medical records. They will do this to establish whether the injuries were caused as a result of the malpractice of the medical professional who oversaw your prenatal care, pregnancy, delivery or aftercare. 

An independent medical expert will then assess your medical records. This expert will help determine whether the medical practitioner provided substandard medical care and whether the outcome could have been avoided had they been performed by a competent doctor. 

3. Letter of Claim 

Finally, your solicitor will draft a Letter of Claim to the medical practitioner who treated you and your baby. This letter is standard in medical negligence cases and will outline the nature of your case. The Letter of Claim will also invite your medical practitioner to settle your case. Their response to the letter will determine whether your case will be settled outside of court or is brought to a judge. 

For further information speak directly to a member of the team, kindly visit our Contact page.