Specialists in Childbirth Negligence Compensation

Empowering Mothers in Securing The Rightful Compensation for Childbirth Negligence

You’re Not Alone: Secure the Justice You Deserve for Childbirth Negligence

We understand the emotional toll of childbirth negligence. Let Sweeney Solicitors help you secure the justice and compensation you rightfully deserve.

Childbirth is meant to be a momentous and joyful event, yet medical negligence can shatter this experience, leaving you with emotional and physical scars. Know that you’re not alone, and you do have legal rights.

For a deeper understanding of what medical negligence during childbirth entails, you can learn more here , If you’re prepared to take the next step towards justice and compensation, please continue reading below.

David Sweeney

Principal Solicitor

Do you have a case ?

If, during labour, you are subject to Medical Negligence, which results in you or your baby sustaining injuries, you may be entitled to claim compensation. Read below some examples of what is classed as Medical Negligence and the most common injuries to both mother and baby.

The general guideline for filing a medical negligence claim is within two years from the instance of the alleged malpractice. Exceptions to this standard do exist, which can depend on various factors like the victim’s age and the date of discovery of the negligence. Below is a comprehensive breakdown of these time limits.

When the Clock Starts Ticking: Recognising the Date of Knowledge

Typically, the time limit for initiating a medical negligence lawsuit is two years minus a day from when the victim becomes aware of the alleged negligence. This “date of knowledge” encompasses the day you realise:

  • You’ve sustained an injury
  • The injury has considerable consequences
  • Medical negligence caused the injury
  • The party at fault is identifiable

Special Considerations in Ireland: Date of Discovery

It’s possible that the victim is not immediately aware that negligence has occurred. In these instances, the time frame starts two years minus a day from when the negligence is discovered. This could happen, for instance, during a follow-up medical appointment or upon reviewing medical records. Essentially, the time limit begins when you either know or should have known about the negligence.

Specifics for Minors: How Age Affects Time Limits

For individuals under 18, the rules vary. Minors can initiate a claim upon turning 18 and have two years less a day from that point to file. However, a parent or guardian can act on their behalf earlier under the “next friend rule.” Court approval is required for any settlements, which are then stored in the Accountant’s Office of the High Court until the minor turns 18.

Accommodations for Disabled Individuals

If the victim was disabled when the right to action was either accrued or discovered, they have up to two years from the time they cease to be disabled or pass away to initiate legal proceedings—regardless of the standard two-year time frame.

Time Constraints for Fatal Injuries

For wrongful acts leading to death, such as medical negligence, dependents of the deceased have the right to action. They have up to two years from the date of death or their date of knowledge to initiate the claim. Only one claim may be filed in such cases.

Advantages of Timely Action

Acting promptly on a claim is crucial. Delays can compromise the availability of witnesses and the clarity of memories, making it challenging to establish a robust case. The courts also possess the discretion to dismiss claims due to unjustifiable delays, even if filed within the relevant time frame.

Legal Proceedings: The Only Way to Pause the Timer

In the case of medical negligence, the Injuries Board does not assess claims. Hence, issuing legal proceedings is the only method to halt the running of the time limit.

By understanding these various factors, you’ll be better equipped to navigate the intricate landscape of medical negligence claims.

  • Incorrect interpretation of ultrasound.
  • Failure to perform the necessary tests and examinations during pregnancy.
  • Prescription of the wrong medication during pregnancy.
  • Inability to track the baby’s heart rate.
  • Failure to deal with an emergency adequately.
  • Incorrect use of forceps during delivery.
  • Blunt force trauma to baby or mother.
  • Delayed birth – When the baby remains in the birth canal for too long. Leading to injury from the prolonged pressure from the birth canal on the baby’s brain.
  • Improper manipulation of the baby’s body during delivery.
  • Brain Damage.
  • Forceps and Vacuum Extractor Injuries.
  • Forceps injury.
  • Perinatal Asphyxia – where a newborn does not receive enough oxygen.
  • Hip dysplasia.
  • Spinal Cord Injuries.
  • Pelvic injuries during birth.
  • Facial Paralysis.
  • Erb Palsy, also known as Brachial Plexus Injury which is damage to the nerves that send signals from the spine to the shoulder, arm and hand.
  • Fractures to collarbone, arm or skull.
  • Seizures.
  • Cerebral Palsy.
  • Erbs palsy.
  • Untreated jaundice, kernicterus and hyperbilirubinemia.
  • Pregnancy malpractice/maternal birth injuries – mismanagement of the pregnancy.
  • Grade 3-4 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.

Why Choose Sweeney Solicitors?

Expertise You Can Trust

  • In-House Medical Negligence Screening Expert

    An internationally highly regarded and accomplished consultant trauma surgeon who works without legal experts to establish causation and liability at the early stages of every enquiry.

  • Over 13 years of experience in medical negligence cases

  • A dedicated team of legal experts

  • A track record of successful compensation claims

Compassionate Support

  • A sensitive approach to your unique situation

  • Free initial consultation to discuss your case

  • No win, no fee guarantee

Proven Results

  • Millions in compensation secured for our clients

  • 98% client satisfaction rate

  • Testimonials from mothers we’ve helped

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How It Works

Four simple steps, we are with you every step of the way.

  • Initial Consultation

    Complete the form and we will schedule a free, no-obligation consultation to discuss your case.

  • Case Evaluation

    Our experts will assess the merits of your claim

  • Legal Proceedings

    We’ll handle all the legal aspects, keeping you informed at every step

  • Compensation

    Secure the compensation you deserve