Claim for Brain Damage at Birth
What is the normal amount of compensation to get in a claim for brain damage at birth?
There is no “normal” amount that can be acquired as part of a claim for brain damage at birth as no two medical negligence claims are the same, no matter how identical the medical consequences may seem. The only one who will be able to inform you of how much you could be eligible to receive in a brain damage sustained at birth compensation claim is a medical negligence claims solicitor who has been informed of the circumstances that led to your child being born with brain damage. Medical negligence claims are often complicated due to how difficult establishing negligence can be so it in your best interest to contact a solicitor at the first available opportunity.
The Irish Statute of Limitations generally allows two years for a potential to pursue a claim. However, when it comes to child injury claims this two year time limit will not begin until a child turns eighteen, when they can pursue a claim for themselves. However, it is still advisable to speak with a solicitor as soon as it feasible after birth so that there will be no difficulty in gathering evidence to support your claim. To make a claim, you or another legal guardian will have to represent your child as their “next friend” which means that you will advise a solicitor on their behalf.
A child sustaining a permanent disability from birth may suggest a breach in the duty of care owed by the medical practitioners who assisted you in your birth. However it will still have to be determined that your child’s brain damage was due to negligence and could have been avoided in alternative circumstances. To determine negligence so that you may proceed with your claim for brain damage at birth, your solicitor will obtain all relevant medical notes pertaining to your pregnancy and labour.
Birth injuries, such as brain damage sustained during birth, can occur due to a lack of care demonstrated by one of the medical practitioners who treated you and your baby before, during and directly after birth. The notes will be presented to an independent medical expert who will determine whether or not your child’s brain damage still would have occurred at any stage if any alternative steps had been taken with regards to you and your baby’s treatment and if any alternative medical professionals had been treating you both. If negligence can be established, your solicitor may agree to proceed with your claim.
The amount of compensation for your baby sustaining a permanent disability from birth that you could be entitled to receive will be dependent on the extent of your child’s brain damage and the amount of professional care they will need throughout their lifetime. You will be able to claim for the any costs that have already been incurred and also the potential costs that will be incurred in your child’s lifetime due to their brain damage. The area of medical negligence claim that accounts for the financial impact a birth injury can have is known as special damages. With special damages you could recover the medical expenses, financial losses due to work absences and also the amount it will cost to treat and look after your child’s brain damage injury in future.
Making a claim for brain damage at birth can not only be complicated but also an emotionally stressful time for the parents involved. By speaking with a medical negligence solicitor about your potential claim you will be able to find out your likelihood of success in addition to having your mind put at ease about any worries you may have about pursuing a claim.