Birth Injuries Medical Negligence Claims

Medical Negligence Claims for Childbirth Injuries

Our team has extensive experience securing high-value settlements to fund essential life-long rehabilitation, medical care, therapies, education, and living arrangements to help those affected by medical negligence at birth to receive the support they need.

Errors on the part of medical professionals or failure to meet standards during childbirth can have devastating consequences. If this occurs, you may need to pursue legal action to find out what happened and to ensure appropriate lifelong support for you or your child.

Medical Negligence Claims for Childbirth Injuries

Award Winning Medical Negligence Solicitors

McGarr Solicitors is one of the Irish Independent Statistia Top 75 Law Firms of 2022 and of 2023 for Medical Negligence and Traveler’s Irish Law Awards finalists in the category of Medical Negligence Firm of the Year.

Cerebral Palsy Medical Negligence Claims

Cerebral Palsy is the most common lifelong motor disability resulting from congenital malformations of the brain or from medical negligence. The condition affects around 115 babies born in Ireland every year, with 40% potentially attributable to clinical errors and medical negligence.

Making a Cerebral Palsy Medical Negligence Claim

While there is no cure, various therapies, special equipment, and sometimes surgery can assist those living with Cerebral Palsy. We can help you pursue legal action to secure these critical lifelong supports for your family and your affected child.

McGarr Solicitors can help you determine if you have a case and represent you in a Cerebral Palsy medical negligence claim resulting from sub-standard management of pregnancy, delivery, or neonatal care, including:

Delayed response to oxygen deprivation, especially during prolonged time in the birth canal.
Failure to monitor/treat risk factors like high blood pressure or toxaemia, maternal infections, or low birth weight.
Inadequate response to abnormal CGT trace or heart rate changes.
Untimely C-section causing prolonged distress.
Poor management of placental abruption or newborn resuscitation.
Excessive force during delivery, leading to brain or nerve damage.

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Brachial Plexus Birth Injuries

The brachial plexus is a nerve network in the spinal column region of the neck. It controls movement and sensation from the neck to the hand. Damage to a baby’s Brachial Plexus can occur during delivery and cause short-term or long-term impairment.

Making a Brachial Plexus Medical Negligence Claim

During difficult labour, a newborn’s brachial plexus can be injured if it becomes stuck in the birth canal, a complication called shoulder dystocia. Medical professionals must act swiftly to prevent nerve damage, as failure can cause conditions like Klumpke paralysis or Erb’s Palsy and may constitute medical negligence. In Ireland, about 10 babies annually develop Erb’s Palsy, sometimes leading to lifelong challenges.

Brachial Plexus claims can arise in circumstances such as:

Inadequate management of maternal diabetes, which can increase the likelihood of delivering a larger baby.
Failure to assess foetal size despite clinical signs such as maternal diabetes or a history of large babies.
Not performing a necessary C-section when risk factors suggest vaginal delivery may be unsafe.

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Other Birth Injury Claims

Our experienced medical negligence legal team specializes in birth injury claims. These can involve a range of birth injuries affecting the mother, the baby, or both. We have a proven track record of delivering expert guidance and compassionate support while successfully handling complex cases, ensuring our clients receive the compensation they deserve.

Making a Birth Injury Medical Negligence Claim

We have over 20 years of experience in understanding the medical and legal intricacies of birth injury cases. Childbirth injuries we commonly see in our clients can arise from a range of causes including:

Hypoxic-Ischemic Encephalopathy (HIE): Oxygen deprivation during labour, leading to lifelong disabilities.
Maternal infection
Cord prolapse or compression
Delayed delivery
Hypoxia
Haemorrhage

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€3.1M Settlement for McGarr Solicitors Cerebral Palsy Client

Dean Grimes was represented by McGarr Solicitors’ Dervila McGirr, who acted for the family over a four-year period to obtain compensation for the handling of Dean’s birth. The settlement included an apology from Our Lady of Lourdes Hospital, Drogheda, Co Louth, which was read out in the High Court.

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Common Questions about Birth Injury Claims:

Answers to common questions about birth injuries and medical malpractice claims are shared below. If you have more questions, please get in touch.

How do I know if my baby was injured at birth?

Parents don’t always realise right away that their child was injured at birth. Signs like trouble with muscle control, feeding, or breathing, as well as delays in milestones like sitting up or crawling, could point to a birth injury that needs further medical attention. If doctors confirm an injury, a medical negligence solicitor can help you understand what happened and what steps to take next.

How quickly do I need to file a birth injury claim in Ireland?

There’s a time limit for making a claim, starting from when you first became aware of the injury. If a child is injured at birth, their parents or guardians can begin the process right away, or the child can choose to start their own claim once they turn 18. From that point, they have two years to take legal action

What compensation can my family receive from a birth injury claim?

Compensation for medical negligence during childbirth can cover various aspects, including lifetime medical expenses, rehabilitation costs, loss of earnings, and pain and suffering. The compensation amounts awarded by the court depend on the injury’s severity and its impact on the individual’s life. The high severity and impact of most childbirth injuries have been recognised by the Irish courts with compensation levels intended to support the affected individual and their family for their entire life.