The High Court recently approved a €1.8 million interim settlement for a now 13-year-old boy who claimed birth-related medical negligence at South Tipperary General Hospital. This landmark case highlights the critical importance of recognising and addressing medical negligence in maternity care.
The Case at a Glance
The claim centred on alleged negligent care during the boy’s birth in October 2011. The boy, who cannot be named by court order, has autism, and his legal team argued that substandard monitoring and clinical decisions contributed to his condition.
Key details of the case included:
- Failure of Foetal Monitoring
The baby’s heart rate, monitored via a CTG trace, was reassuring early on but was reportedly discontinued for four hours. When reconnected, the readings were alarming, suggesting significant distress. The argument was that earlier detection would have led to an emergency Caesarean section, potentially avoiding oxygen deprivation.
- Delayed Intervention
The court heard that a failure to initiate an emergency Caesarean section when signs were pathological led to unnecessary delays. These delays may have prolonged the baby’s exposure to harmful conditions.
The Health Service Executive (HSE) denied all allegations, asserting that the care provided was appropriate. However, the settlement indicates a liability apportionment of 66% against the HSE.
Why Birth Injury Cases Need Immediate Attention
Birth injuries are often life-altering, whether caused by physical trauma during delivery or by conditions such as oxygen deprivation. For parents, understanding the root causes of a birth injury and whether negligence occurred is critical to seeking justice and compensation.
The long-term implications of birth injuries can include developmental, physical, and cognitive challenges requiring specialised care, therapies, and adaptive support. This care can place a significant financial strain on families without sufficient support.
Understanding Medical Negligence in Birth Injuries
Medical negligence occurs when medical professionals fail to provide care that meets an acceptable standard, resulting in harm that could have been avoided. For birth injuries, negligence often falls into the following categories:
- Failure to monitor foetal distress.
- Incorrect use of medical instruments like forceps or vacuum devices.
- Delayed decision-making for a Caesarean section.
- Mismanagement of labour-inducing drugs.
The boy’s mother expressed that the settlement will allow her son to access the therapies he requires, illustrating the impact such claims can have on securing ongoing care.
Steps to Take If You Suspect Birth Injury Negligence
If your child has suffered a birth injury, and you believe medical negligence may have occurred, it’s vital to take action quickly. Legal time limits on pursuing claims apply, and delays can complicate the process of gathering evidence.
Step 1. Seek Medical Records
Obtain all medical records related to your pregnancy, labour, and delivery. These documents will be key in understanding whether errors were made.
Step 2. Consult a Specialist Solicitor
Experienced birth injury solicitors can help evaluate the evidence and determine whether you have a valid claim. Your solicitor will guide you through every stage, from gathering expert medical opinions to navigating the litigation process.
Step 3. Work with Medical Experts
Should negligence be suspected, a solicitor will engage independent medical experts to confirm whether the standard of care was breached and its role in causing harm.
Step 4. File Your Claim
Your solicitor will draft a detailed Letter of Claim, which outlines the case and invites a settlement discussion. If negotiations fail, court proceedings may follow.
It’s essential to have trusted support; pursuing such claims can feel daunting, but it’s a critical step to securing the resources needed for long-term care.
Why Choose HOMS Assist for Birth Injury Claims?
At HOMS Assist, we have over 55 years of experience supporting families affected by medical negligence. Our team of specialists balances professionalism with empathy, understanding how emotionally taxing birth injury claims can be for parents.
Here’s how we help:
- Comprehensive Guidance: From initial consultations to court representation, we’re with you every step of the way.
- Access to Leading Experts: We consult top medical professionals to strengthen your case.
- Tailored Support: Every family’s situation is different. We offer personalised strategies to pursue compensation and justice.
Birth injury claims can provide vital financial relief, covering costs like therapies, specialised equipment, and home adaptations. Contact us today if you suspect medical negligence was a factor in your or your child’s care.
Championing Change and Accountability
Cases like this not only deliver crucial financial support for affected families but also shine a light on systemic issues in maternity care. Having recognised their failings, the HSE faces ongoing scrutiny to ensure such events are not repeated.
It’s vital that families know they do not have to go through this process alone. By standing up for your child’s future, you also play a role in safeguarding care standards for others.
Seeking Advice? We’re Here to Help
If you or someone you know has experienced a birth injury that may involve negligence, our expert birth injury solicitors are here to guide you. Get in touch for a confidential consultation and learn how we can help build your case.
