When it comes to a child’s birth, parents place an enormous amount of trust in the hands of medical professionals. Yet, in rare and unfortunate cases, medical mistakes during pregnancy or delivery can result in significant and long-term consequences for the child and family. A recent high-profile case in Ireland saw a 14-year-old girl, Carly Flynn, who has cerebral palsy, settle a High Court action for €6.75 million due to alleged failures in medical care during her birth.
This case sheds light on the realities and complexities of birth injury claims, the challenges families face, and the legal avenues available for those seeking justice. Below, we explore Carly’s case and provide essential insights for parents who may be navigating similar circumstances.
Carly Flynn’s Settlement and the Legal Claims
Carly Flynn’s story revolves around her birth at Dublin’s Coombe Women and Infants University Hospital in October 2010. Carly, who now uses a wheelchair and has a mild learning disability, was allegedly affected by complications linked to her mother’s care. Key aspects of the case involved an infection called chorioamnionitis, which went untreated in Carly’s mother before delivery. This condition can lead to inflammatory responses in a baby’s brain, potentially resulting in lifelong disabilities like cerebral palsy.
Despite the claims brought forward, the settlement was reached without an admission of liability, and the court acknowledged significant issues in proving causation of Carly’s injuries. Nonetheless, the case provides a stark reminder of the lasting impact medical events during birth can have and reinforces the importance of timely legal action.
What Parents Should Know About Birth Injury Claims
If your child has experienced medical complications or injuries due to potential negligence, understanding your rights and legal options can feel overwhelming. However, knowing the basics can help you take the necessary steps to protect your family.
What Constitutes Medical Negligence in Birth Cases?
Medical negligence occurs when a healthcare professional deviates from the standard of care expected in their field, resulting in harm to the patient. For birth-related cases, this could include:
- Failure to monitor or respond to distress: Ignoring signs of foetal or maternal distress during pregnancy or labour.
- Delayed delivery: Delayed decisions regarding Caesarean sections in critical situations.
- Failure to diagnose or treat infections: Issues like chorioamnionitis that go unrecognised or unaddressed.
- Improper use of delivery tools: Errors in using forceps or vacuum extractors during assisted delivery.
For parents dealing with the aftermath of such errors, consulting specialised legal experts is crucial to determining whether the standard of care was breached.
Examples of Medical Negligence Cases
Cases like Carly Flynn’s are not isolated incidents. HOMS Assist, a leading Irish law firm specialising in medical negligence, has decades of experience helping families in similar situations. Birth injury cases often fall under these categories:
- Failure to Prevent Hypoxia (Lack of Oxygen): Situations where delayed intervention leads to brain injuries like cerebral palsy.
- Mismanagement of Labour and Delivery: Errors during critical delivery moments, such as failing to respond to complications.
- Untreated Maternal Health Issues: Conditions in the mother, like hypertension or infections, that go unaddressed can affect the baby’s health.
For example, HOMS Assist has successfully represented numerous families, offering clarity, compassionate legal guidance, and tailored strategies to achieve justice.
Steps to Take if You Suspect Medical Negligence
If you suspect your child has suffered a birth-related injury, taking the following steps early can help build a strong case:
1. Document Your Concerns
Keep a detailed record of your pregnancy, labour, and delivery experience, including any interactions with medical staff. Include dates, decisions made, and any treatments administered.
2. Obtain Medical Records
Request all relevant medical records for both the mother and child. These will be critical in identifying issues such as delayed treatment or diagnostic errors.
3. Seek Expert Medical Advice
Consult another healthcare provider to understand whether the standard of care provided met acceptable medical practices. Medical expertise is vital in determining whether negligence occurred.
4. Speak With a Specialist Solicitor
Medical negligence cases are highly complex and require experienced legal guidance. Firms like HOMS Assist specialise in handling sensitive cases and can provide a clear path forward, from initial consultation to filing a claim.
Why Seek Legal Support from Experts?
Navigating a medical negligence claim can feel daunting. The process involves collecting medical evidence, consulting experts, and navigating detailed legal procedures—all while coping with emotional strains and the responsibilities of caregiving.
HOMS Assist’s medical negligence solicitors have more than 55 years of experience helping families across Ireland. From initial investigations to winning settlements, their team handles your case with care, understanding, and professionalism. Their experience includes not just birth injury claims, but a variety of medical negligence cases involving children and adults alike.
What Can You Achieve Through a Claim?
While no settlement can reverse the harm caused, pursuing a legal claim can offer families financial relief for:
- Long-term medical care and therapies.
- Special education and assistive technology needs.
- Compensation for pain, suffering, and diminished quality of life.
Critically, pursuing a claim can also prompt much-needed reforms in medical settings, ensuring safer practices for future families.
Carly Flynn’s Legacy and the Path Forward
Carly Flynn’s €6.75 million settlement highlights both the challenges of proving medical negligence and the significant impact these cases can have on a child’s quality of life. The case serves as a hopeful reminder that families can secure resources to support their loved ones, even in complex legal environments.
If you or someone you know is facing a similar situation, seeking support from trusted legal professionals is key. Firms like HOMS Assist are here to guide you through the process—offering expertise, compassion, and a steadfast commitment to achieving justice.
Learn More & Seek Support
Birth injuries can have life-changing impacts, but you don’t have to face these challenges alone. If you believe medical negligence played a role in your child’s condition, reach out to HOMS Assist for specialised legal advice. Their compassionate team is ready to help you take the first step toward accountability and support.
For families seeking assistance, visit HOMS Assist Medical Negligence Services to explore your options.
