Tag Archive for: Childbirth

If you suffer from an injury or disease which you have developed as a result of the poor treatment or misdiagnosis by medical or dental professionals, you may be entitled to claim compensation. 

This is referred to as medical negligence, though sometimes it is called medical malpractice or clinical negligence. It occurs when substandard care is given to a patient, either by action or failure to act, that either worsens their current condition or causes additional injury to them. 

Usually, these injuries are avoidable because the medical practitioner should have adhered to the standard of medical practice and duty of care expected of their profession. However, in most cases, medical professionals are dedicated, diligent and practice in a safe manner.

  • Dental injury claims
  • Cancer misdiagnosis claims
  • Birth injury claims
  • Cosmetic surgery claims
  • GP claims

The settlement outcome of a medical negligence claim will depend on particular factors. For example, whether you have a history of similar medical issues, the long-term effects of your injury, the type of injury or illness sustained. These are referred to as two types of damages:

General medical negligence damages

Non-financial damages include; pain and suffering, physical and emotional damage, loss of quality of life, and loss of opportunity.

Special medical negligence damages

These refer to out of pocket expenses incurred as a result of the malpractice. These can include: 

  • Loss of earnings and future earnings.
  • Current and future medical bills.
  • Care fees.
  • Costs of adapting a home.
  • Physiotherapy fees.
  • Payments for medical equipment.
  • Expenses for ongoing medication needed.

What’s the time limit to make a medical negligence claim

Medical negligence is a complicated part of Irish law and there is no definitive answer as to how long your claim will take. However, how long you have to make a medical negligence claim is defined.

The ‘Statute of Limitations’ is the formal term for the legal time limit in which you can make a medical negligence claim. This is usually two years minus one day after the date of knowledge of the injury.

The date of knowledge is often the date the accident occurred. However, sometimes, a person may not realise their injury until some time after an accident. In such cases, this is the date of knowledge.

Children are not allowed to make a medical negligence claim because they are classed as minors. Instead, their two-year time limit begins on the 18th birthday.  However, a parent or legal guardian can make a medical negligence claim on behalf of a minor following the medical malpractice. This option is typically more desirable because it is easier to uncover reliable evidence to strengthen the child’s case if they filed as soon as possible.

Explore your medical negligence options with us

Our team of medical negligence specialist solicitors in Cork and Dublin will work tirelessly to deliver the highest quality legal representation and advice for your medical negligence claim.

Erb’s palsy is muscle weakness in the arm or shoulder that can occur as a result of an injury sustained during birth or later in life. It’s most common in infants who injured their shoulders during delivery.

What are the signs and symptoms of Erb’s palsy?

Erb’s palsy affects the shoulder, arm, and elbow. In general, your hand muscles aren’t affected, but your hands may experience tingling or numbness.

Signs and symptoms of Erb’s palsy include:

  • Paralysis or limpness of the shoulder, arm and elbow. You can’t lift your arm away from your body or bend your elbow.
  • Numbness or tingling in your arm or hand. These are also known as “burners and stingers.”
  • A hand position known as ‘the waiter’s tip’ position. The palm of your hand points toward the back, and the fingers curl.

Types of Erb’s Palsy

There are four main types of brachial plexus palsy. Doctors determine the type of brachial plexus palsy based on the degree of damage to the brachial plexus nerve.

Learn more about the different Erb’s palsy types below.

Neuropraxia

Neuropraxia is the most common type of Erb’s palsy and occurs when a nerve is stretched but does not tear at all. Neuropraxia can cause a burning or stinging sensation and usually clear up on its own by 3 months of age.

Neuroma

Neuromas are more severe than neuropaxias. When neuromas occur, scar tissue forms as it heals itself from the stretching and places pressure on the other healthy network of nerves. Generally, children with neuroma Erb’s palsy partially heal.

Rupture

Ruptures occur when the brachial plexus nerve is torn. Ruptures require more intensive medical care since they will not heal. This injury usually requires surgery to graft the damaged nerve fibers back together.

Avulsions

Avulsions are the most severe type of nerve injury and they occur when a nerve is completely torn from the spinal cord. This can cause permanent paralysis or muscle weakness in the affected arm. It can also lead to Horner’s syndrome and cause difficulty breathing, drooping eyelids, and small pupils.

The most common childbirth injuries that affect the mother 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 cesarean section.
  • Infection.
  • Pre-eclampsia or eclampsia.
  • Improper stitching following cesarean section.

The most common childbirth injuries that affect the baby

Injuries to an infant as a result of medical malpractice can result in different complications for the infant. Often, these childbirth traumas can have long-term effects on the child’s quality of life.

Some of the most common reasons for childbirth malpractice cases are:

  • 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.

Not all births go to plan. Doctors do have to deal with the dif- cult delivery of babies throughout their careers.

However, a problematic delivery is something an experienced doctor should be able to handle. Enabling them to reduce the risk of any unwanted injury to both mother and baby. Unfortunately, in some cases, the actions or inactions of medical professionals involved in delivering the baby can lead to injuries to the baby or the mother.

Some examples of medical negligence that can lead to childbirth injury are:

  • 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.

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

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

To prove this, you must have all relevant medical records and documentation relating to your case. Such records will enable 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 medical 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.

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

To prove this, you must have all relevant medical records and documentation relating to your case. Such records will enable 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 medical 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.

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. 

In the vast majority of cases, childbirth is a natural physiological event that does not pose a risk to the health of a mother or baby. However, assisted births have become more common either by way of caesarean section, forceps delivery or other medical interventions.  In a significant number of cases, the outcomes of such births are not positive and occasionally result in injuries to the baby or the mother.

These childbirth injuries can be caused by pregnancy mismanagement, delivery, or aftercare. Sometimes, the injuries are not discovered immediately at birth instead the injuries become clear months or years after birth.

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. 

Some examples of medical negligence that can lead to childbirth injury are:

  • 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.

The most common childbirth injuries that affect the baby

Injuries to an infant as a result of medical malpractice can result in different complications for the infant. Often, these childbirth traumas can have long-term effects on the child’s quality of life.

Some of the most common reason for childbirth malpractice cases are:

  • 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.

The most common childbirth injuries that affect the mother

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.

For more information, fee phone 1800 246 442