Birth Injury Claims – Compassionate Support and Expert Guidance in Northern Ireland
Pregnancy and childbirth should be among the most joyful times in a family's life. Sadly, on occasion, mothers and their newborns suffer harm and injury during pregnancy and labour.
According to the Birth Trauma Association, around 30,000 women in the UK experience some form of birth trauma every year. While many of these injuries are minor, others can be severe and lead to lasting complications or disorders, including Cerebral Palsy and Erb's Palsy.
In these circumstances, families may be entitled to compensation for the injuries they have suffered. To succeed, it must be proven that those injuries were caused by the negligence of medical practitioners whose treatment of the mother and/or baby fell below an acceptable standard.
We understand just how traumatic and distressing these experiences can be for everyone involved. We also appreciate that, during such a challenging time, seeking legal advice for a birth injury claim may be the last thing on your mind. When you feel ready to take that step, our friendly and experienced Medical Negligence team will be here to offer advice and discuss a potential claim.
Common Types of Birth Injury
Our medical negligence solicitors specialise in compensation claims for mothers and their babies who have sustained an injury during pregnancy or birth.
There are many types of birth injury that our team commonly handles, including:
Shoulder dystocia injuries
Pedidos de indemnização por paralisia cerebral
Erbs Palsy
Maternal injuries during childbirth
Negligent antenatal, intrapartum or postnatal care
Delayed diagnosis of treatment of pregnancy-related complications
Failures in foetal monitoring and delivery management
Understanding a Birth Injury Claim
In Northern Ireland, birth injuries are a niche area of medical negligence that involves a two-fold test. First, there must be a duty of care owed between the parties to the claim. This is automatically satisfied, as medical practitioners owe a duty of care to their patients; however, it must also be proven that this duty was breached. Second, there must be a causal link between the breach of duty and the injury sustained by the mother and/or baby. In other words, the injury must have been a direct result of the medical practitioner's malpractice.
If this test is satisfied, your birth injury compensation claim is likely to succeed.
Starting a Claim
When you first get in touch with our friendly and experienced medical negligence solicitors, the process will usually follow these stages:
Telling your story – you will be asked to explain the chronology of events leading up to the injury.
Gathering the evidence – we will request and obtain your medical records, review them and fully assess the merits of your case.
Seeking expert opinion – with your consent, we will instruct an independent medical expert to prepare a report.
Advising on next steps – once that report has been received, your solicitor will advise you on how best to proceed, such as initiating court proceedings.
Time Limits to Bear in Mind
For most medical negligence cases in Northern Ireland, there is a three-year limitation period. This means you have three years to issue court proceedings from the date of injury, or from the date on which you became aware of the injury.
The time limits for birth injury claims, however, work a little differently. A mother who has sustained an injury during pregnancy or labour will typically have three years from the date of injury, or from the date on which she became aware of it. Where a claim is brought by or on behalf of the injured child, the child has until their 21st birthday to issue court proceedings.
In addition, there is no time limit for bringing a claim on behalf of a child who lacks the mental capacity to bring a claim themselves.
How P.A. Duffy & Co Can Help
Our Medical Negligence team understands the devastating, life-altering impact that birth injuries can have on the mother, the baby and the wider family. By appointing P.A Duffy & Co Solicitors you will receive first-class legal services and support throughout the life of your claim.
Para falar com um membro da nossa equipa, ligue-nos para o número 028 8772 2102 ou envie-nos um e-mail enquiries@paduffy.com.
*Estas informações destinam-se apenas a servir de orientação geral e não constituem aconselhamento jurídico, nem devem ser consideradas como substituto de aconselhamento profissional específico para a sua situação.