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Birth Injury Claims

Birth Injury Claims2024-12-30T16:05:50+00:00

A Complete Guide To Birth Injury Claims

Birth injury claims can be initiated if any injury that takes place during the process of childbirth can be termed as a birth injury. A birth injury can be physical damage like a skull fracture, broken bones, or arm or face paralysis. The essential aspect of childbirth is the delivery of a healthy baby after the end of pregnancy. However, unfortunately, this doesn’t always happen.

Sometimes, the medical staff commits unfortunate mishappenings that cause injury to the baby or the mother. These injuries to the infant can still be seen months or years after birth. We will help you walk through the process that is involved in the process of Birth Injury Claims.

There are two types of medical issues an infant can have. They are birth injuries and congenital disabilities. For, birth injury claim, you and your solicitor need to understand the difference between the two.

Birth Injuries

Birth injuries take place during or immediately post the delivery process. It can range from a broken bone, nerve injury or brain damage. Sometimes, birth injuries can be inevitable. However, it can also be a result of negligence from the medical team.

Birth Defects

A congenital disability develops when the baby grows in the mother’s womb and can impact any part of a baby’s body. The defect can be completely natural but can also be caused due to the hospital’s toxins or medications.

Common claims for failure to refer for further testing

The common claims for failure to refer for further testing range from the GP not sending a patient for blood tests to the hospital consultant not ordering an MRI when making a diagnosis.

You make the medical negligence claim* for the effects of the failure to refer for further testing on your life.

Common failure to refer for further testing claims:

If the dermatologist fails to refer for further testing, they could be missing an early chance to make an accurate diagnosis. Additional testing may quickly diagnose a skin issue and allow the correct treatment to begin.

Types of failure to refer for testing by a dermatologist claims:

  • Failure to refer for further testing for a suspected melanoma 
  • Failure to refer for further testing to diagnose skin cancer
  • Failure to refer for further testing leads to incorrect treatment 

O’Reilly Doherty & Co Solicitors can make your further testing negligence claim* against the dermatologist.

When the GP fails to refer for further testing, it could affect a diagnosis or delay treatment for a serious condition. The GP is often the first line of defence in a diagnosis, and GP medical negligence can lead to numerous health issues.

Types of GP failure to refer for further testing claims:

  • GP fails to refer a patient for further blood tests
  • GP fails to refer a patient for further cancer diagnosis tests
  • GP fails to refer a patient for further neurological tests

The GP should always refer a patient for further tests before making a diagnosis.

When the oncologist fails to refer for further testing, they could waste valuable time in making an accurate cancer diagnosis, and the medical negligence could allow the cancer to progress without treatment.

Types of failure to refer by an oncologist claims:

  • Failure to refer a patient for another scan despite the first scan being positive
  • Failure to refer a patient for further testing to another oncologist
  • Failure to refer a patient for further testing when symptoms get worse

O’Reilly Doherty & Co Solicitors in Dublin may be able to make a medical negligence claim* against the oncologist.

The A&E doctor is the first doctor you meet in an emergency, and they should not make the error of failing to refer you for further testing. An A&E doctor must look at the symptoms and refer a patient for further testing before making a diagnosis. 

Types of A&E failure to refer for further testing claims:

  • A&E doctor fails to refer a patient for further blood tests 
  • A&E doctor fails to refer a patient for further cardiac testing
  • A&E doctors fail to refer a patient for scans following an accident

The A&E doctor must refer a patient for further testing to help with an accurate diagnosis and treatment plan.

If the neurologist fails to refer the patient for further testing, it could be medical negligence, as the issue may get worse until an accurate diagnosis is made in the hospital.

Types of failure to refer for further testing by a neurologist claims:

  • Failure to refer for a MRI scan on a problem area of the body
  • Failure to refer a patient for an EEG when they need one
  • Failure to refer the patient with a possible brain injury for a PET scan

The neurologist must use all available testing before making an accurate diagnosis of the patient’s condition.

Further testing is vital for making an accurate diagnosis of a patient’s condition, and it could be medical negligence by the doctor if they fail to refer the patient for additional tests.

O’Reilly Doherty & Co medical negligence solicitors can make a claim for failure to refer for further testing.

Determining the cause of injury to the Baby/Mother

First, you have to determine the cause of the birth injury, that is, if the reason is due to the fault of medical professionals or is it natural (as discussed above). You can do it by examining the kind of injury that the baby has gone through. The injuries faced by a newborn as a result of medical negligence may have different medical complications. Such trauma can cause long term effects on the life of the child.

Here are some of the very common birth injuries:

  • Brain Damage
  • Spinal Cord Injuries
  • Perinatal Asphyxia
  • Seizures
  • Pelvic Injuries During Birth
  • Facial Paralysis
  • Hip Dysplasia
  • Seizures
  • Erb’s Palsy
  • Fracture to Collarbone, Arm, or Skull
  • Untreated Jaundice, Kernicterus, and Hyperbilirubinemia
  • Cerebral Palsy
  • Forceps Tear Injury
  • Forceps and Vacuum Extractor Injuries

Pregnancy Malpractice/Maternal Birth Injury

  • Wrongful Death of the Mother
  • Incorrect Caesarean Section
  • Incontinence
  • Nerve Damage after giving birth
  • Vaginal Tears or Lacerations
  • Pelvic Injuries during Birth
  • Broken Bones
  • Infection
  • Pre-eclampsia or Eclampsia
  • Incorrect Stitching following Caesarean Section
  • Ruptured Uterus
  • Post-traumatic Stress Disorder
  • Injury to Bowel or Bladder
  • Forceps Injury

What is the main cause of birth injury?

Not every birth happens as per the plan. Doctors face various difficulties during delivery. When doctors cannot handle those complexities, the parents and the baby have to bear the consequences. This is the main reason behind birth injury. However, the injury can be completely natural as well due to the medication the mother was on.

How to go about Birth Injury Claims?

Birth injury claims are legal claims that a parent can file on behalf of a child if they have suffered from an injury during or soon after the delivery. It can be a result of medical negligence, but it also can be natural. You need to be careful while making such a claim. Before you start a claim, you should be ready with enough evidence to prove that the injury resulted from the negligence of the medical team. This is where our team can help you.

Primarily, we will provide you with a legal team with expertise in handling birth injury cases and medical malpractice. Based on the situation, the legal time limit for Birth Injury Claim keeps varying. It is paramount to keep in mind that medical negligence cases take a certain time frame in place in which you can bring up your respective claims.

For Birth Injury Claims, the set period is two years less a day following the incident’s date. The period can also be two years less a day following the date one claims the illness/injury was due to medical negligence. If you would like to discuss your case in a private and confidential manner please get in touch with our specialist team today.

If you require any further information, please do not hesitate to call us on 01 8344255. Alternatively you can simply request a callback and a member of our staff will contact you as soon as possible.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Case Study:

Birth Injury Claim

We were instructed by a client in relation to a claim against a Maternity Hospital in Dublin. Our client delivered her child naturally. However, the hospital failed to detect that a portion of the placenta was missing.

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