When medical mistakes are made during childbirth, it can lead to devastating consequences. If you or your child has been injured during childbirth as a result of medical negligence, SOR’s specialist legal experts can help get the compensation you deserve.
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Defective birth claims are particularly heart-breaking. A traumatic, life-changing event like this can be challenging to come to terms with.
Part of that process may mean coming to terms with the possibility that your child’s birth was mismanaged.
Childbirth presents particular challenges and risks and it’s critically important that your doctor approaches these risks in an appropriate manner. Broadly speaking, this will involve making adequate and timely assessments of the mother’s and baby’s condition, making as accurate a diagnosis as possible in the circumstances and taking the appropriate steps in planning and managing the birth.
There are different scenarios which can lead to a birth injury such as:
Birth injuries to the mother
Birth injuries to the child
Where there is injury to the baby’s brain there is a risk of lifelong physical or mental disability. The sad reality is that beyond the emotional aspect of dealing with those circumstances, there is potential for severe financial burden in the form of care costs. Your son or daughter may not be able to work and enjoy a productive career. Settlement amounts for injuries at birth are among the highest due to the provision of lifelong care and loss of earnings.
Medical negligence is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and which causes injury to the patient. There are a number of ways that medical negligence can happen, such as misdiagnosis, incorrect treatment or surgical mistakes.
Contact a Solicitor
The first step in making a medical negligence claim is to seek the assistance of a solicitor who specialises in this area of law who will provide support and guidance and help determine if you have suffered due to the negligence of a healthcare provider.
It will be necessary for you to take up a copy of all medical records from your GP and any hospitals you have attended. Based on the medical expert’s opinion, your solicitor will prepare a medical report that details the extent of your injuries and the impact they have had on your life. This report will be used as evidence in your case.
Access your damages & Claims Letter
Expert consultants will help access your damages and your Solicitor will draft a letter of claim addressed to the involved parties. Special damages might include loss of earnings, both past and future, lost pension, the costs of care that you might need if you are severely injured, adaptations to your property to take account any loss of mobility, equipment, medical treatment and therapies, and any other financial losses which can be attributed to the negligence.
Your solicitor will then begin the process of settlement negotiations. Based on the reply from the involved medical practitioners, the claim can be settled either in court or out of court.
It is impossible to say that any particular case will resolve without the necessity of a court hearing. Every case is prepared on the basis that it is proceeding to a full trial however there may be an opportunity for mediation or settlement out of court.
The statute of limitations are the legal time limits on how long you have to make a claim. The general rule is that proceedings must be issued within two years of the date of the negligent act or two years from the date that you became aware that your illness or injuries caused by a third party. It is vital that proceedings are issued in advance of your statute date.
Sherwin O’ Riordan can be trusted to engage with you in a sensitive way and discuss the steps involved in straightforward terms. We have extensive experience in the field of medical negligence, which will help you achieve the best possible settlement in or out of court. To speak to our compassionate team about making a claim, call us on +353 1 6632000 .
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