Birth injuries which occur as a result of medical negligence and which could have been avoided may give rise to a medical negligence claim against the responsible health care provider and/or hospital liable for causing the injury.
The current law in Ireland requires that a person must take an action for medical negligence, which includes a birth injury claim, within two years of the date of the event which resulted in the injury. This requires a Plaintiff in a medical negligence claim to act expeditiously.
However, birth injury compensation claims can be made by a parent, acting as a “next friend”, of a child who has suffered a birth injury at any time up until the child’s eighteenth birthday. Thereafter, the child has two years to make a birth injury compensation claim in their own right. However, it is recommended that as soon as you believe your child has suffered a birth injury as a result of negligence, you contact an experienced solicitor who can assist you in the first steps in pursuing a birth injury compensation claim.
In order to succeed in a birth injury claim, it will be necessary to prove that a duty of care existed, that there was a breach of that duty of care, and that there is a causal connection between the breach of that duty and the resultant injury, loss or damage.