Birth Injuries

Neonatal Hypoxic Ischaemic Encephalopathy ("HIE") is diagnosed in a number of ways including:

• Blood tests

• Lumbar puncture

• Tests of the umbilical cord or placenta

• Ultrasound of the head, electroencephalography ("EEG") or brain MRI

However, in many cases a healthcare provider may suspect HIE shortly after birth based on symptoms or issues during labour and delivery. In some cases, a child with HIE may not be diagnosed until later in life.

To bring a birth injury Medical Negligence claim it will be necessary to provide evidence that:

• The standard of care you received fell below that of a competent physician of the same level and

• This negligence caused injury to your child.

• To prove that your child’s birth injury may have been caused by a breach in the Duty of Care, we will compile evidence including medical records and seek expert medical opinion.

Specific birth injuries for which a Medical Negligence claim may be considered (but are not limited to) include:

• Brain damage

• Broken bones

• Cerebral Palsy

• Damage due to assisted birth (e.g. forceps)

• Erb’s Palsy

• Injuries to the mother including tearing and poor management of pre-eclampsia

• Lack of oxygen (asphyxia)

• Neonatal brain injuries

• Obstetric negligence

• Stillbirth

• Traumatic birth injuries

By contacting our Medical Negligence team today, we can advise if the circumstances which led to the injury constitute Medical Negligence and whether you may be able to bring a claim for recourse.

• Birth injury claims can be made by parents at any time up until a child’s 18th birthday. Thereafter, the child has two years to instigate a claim themselves.

Claims following a diagnosis of birth injury due to Medical Negligence may cover two areas of loss:

• Pain and suffering due to the injury.

• Specific financial costs resulting from the injury caused.  This may cover costs already incurred, such as transport, accommodation and medical treatment and expected future expenses such as physical therapy and care costs.  The costs you receive will be based on the precise injuries suffered and the circumstances of the case.

Children with birth injuries may require specialist equipment to enable their mobility and every day functioning.  Modifications to the home may also be required to facilitate their needs and such costs will be considered as part of the claim.

Case Summary:

Lavelle Partners’ Medical Negligence Team successful secured a settlement for a client suffering from Cerebral Palsy due to negligence surrounding the circumstances of his birth at a regional hospital.

Case Background:

The Plaintiff’s mother was booked for two antenatal visits in advance of delivery.

The Plaintiff’s growth rate dropped considerably at around 34 weeks and his condition deteriorated until, at some point in the six weeks leading up to his birth, he suffered a stroke in the womb. The Plaintiff was born with signs of gross asymmetric growth restriction and developed a left sided hemiplegia. The Plaintiff was diagnosed with a unilateral disorder of tone and movement which placed him within the definition of Cerebral Palsy.

The Plaintiffs' instructed Lavelle Partners to investigate the circumstances of the treatment and we obtained expert evidence from the UK which confirmed that with good antenatal care and investigation of his size, it is likely that the indication for delivery would have arisen at a time before he suffered his stroke in the womb.

Case Outcome:

The case was successfully settled in advance of the trial date.

For more information, please contact Avril Scally, Partner and Head of Medical Negligence & Personal Injury.

Case Overview:

In this case, the mother’s pregnancy was complicated by rhesus iso-immunisation due to anti-Kell antibodies which resulted in foetal anaemia. She required intrauterine blood transfusions which were carried out at the defendant hospital.

The fourth blood transfusion was complicated by bleeding of the umbilical cord. The mother was transferred to a ward and CGT monitoring was directed. Foetal heart rate monitoring was commenced upon the Plaintiff’s admission to the Ward. Decelerations of the foetal heart rate were noted on four occasions and a decision was made to undertake an emergency operative delivery of the deceased.

The deceased was delivered in poor condition requiring full cardiopulmonary resuscitation. Life sustaining treatment was withdrawn on day 3 of the deceased’s life owing to worsening renal failure and brain haemorrhage.

The deceased died due to the failure to undertake emergency operative delivery earlier.

The matter was settled in advance of the trial.

Case Overview:

The Plaintiff in this matter was a woman who underwent an emergency C-section in a Dublin hospital. Following delivery of her baby, she developed a fever and was noted to be pyrexic.

The hospital did not give our client any antibiotics during her C-section in order to prevent infection. Antibiotics were not commenced for three days after the birth, and signs of infection were first noticed that same night. Our client was diagnosed with necrotising fasciitis around the c-section site and required emergency surgery and a wash-out of the site, leaving scarring.

The woman instructed Lavelle Partners to investigate her circumstances and we obtained expert evidence from a UK-based consultant gynaecologist. The expert confirmed that providing antibiotics during a C-section delivery to guard against infection is standard practice and the failure to do so was a serious breach of duty. The expert confirm that this failure led to our client developing a serious and potentially life-threatening wound infection that required emergency surgery.

Proceedings were issued against the hospital and the case was successfully settled for a significant sum plus costs in advance of the trial date.

For more information, please contact Avril Scally, Partner and Head of Medical Negligence & Personal Injury.