You want the day to be perfect, but when a tiny human arrives in the world, complications are a real possibility. For some families, that possibility turns into a nightmare when a birth injury occurs. It is a trauma that will impact the rest of your lives. If your family has experienced a birth injury during delivery, you may be entitled to compensation. One family in Ireland was successful in a 26 million pound lawsuit for birth injuries. It was a claim that did not end until the child was 16-years-old.
If your family is going through the tragedy of a birth injury, a birth injury lawyer can help you seek the justice you deserve. Here is more on how families with birth injuries present can file personal injury claims.
What is the Legal Definition of a Birth Injury?
There is no one set definition for a birth injury, but there are guidelines and commonalities across the nation. Sometimes things happen during birth, such as a bruised or misshapen head during a forceps delivery. This is not a recognized birth injury for which you would be entitled to compensation.
A birth injury is physical damage that occurs as a result of birthing and medical malpractice. In the legal world, a birth injury is something that could have been prevented. Sometimes nerves are damaged and even bones were broken. It is estimated that approximately 6 to 8 out of every 1,000 babies born will experience birth injury, whereas, bruised heads are much more common.
The most common birth injuries are:
- Cerebral palsy
- Facial paralysis
- Oxygen deprivation
- Spinal cord injuries
- Bruising and/or lacerations
One Birth Injury Patient’s Story
One 16-year-old Irish patient with cerebral palsy from birth sued with her father, the HSE for birth injury compensation. Their claim stated that continuous monitoring of the baby’s heart rate was intermittent during the last hours of the delivery. This was contrary to the guidelines set forth by the Royal College of Obstetricians and Gynecologists, which established a claim for negligence by the hospital.
Because of that negligence, the hospital was unable to determine when fetal distress was occurring. They did not intervene to deliver the child in a timely manner to prevent oxygen deprivation from occurring. The HSE denied the claim in their response and said they reacted eight minutes prior to the delivery. By then, the damage had been done. The teen won with her father the largest personal injury settlement in Ireland’s history in a multi-million dollar personal injury settlement.
Work With a Birth Injury Lawyer
If your family has experienced a birth injury, this trauma will follow you for the rest of your lives. You deserve compensation to help with medical expenses, personal care, and pain and suffering. Contact a birth injury lawyer today, there are many that offer free personal consultations for the first visit. Find out if you have a claim, and begin the path to seeking justice for your family.