Claim for a Cranial Injury at Birth

How long do I have to make a claim for a cranial injury at birth for my son?

The amount of time you will have to claim for a cranial injury at birth for your son will depend on how old your son is now. Although there is a two year time limit imposed on potential claimants by the Irish Statute of Limitations, this does not apply to child injury claims due to the fact that children are not permitted by law to make a claim for themselves, or to advise a solicitor. This means that the two year time limit for your son’s claim for a skull injury from childbirth will begin when he turns eighteen.

However, it is still advisable that you contact a solicitor at the first possible moment in order to discuss your son’s childbirth cranial injury while there is still recent evidence available. Although he will have up until the age of twenty for a claim to be made, medical negligence claims can be complex so it is important that you find out the viability of his claim at the soonest possible opportunity following birth. This is especially the case if the injury has left him with any long-term disability that will be of considerable cost to treat and which also necessitates twenty four hour care from home assistance. If your son has been a victim of medical negligence.

A solicitor will be able to advise you on the viability of your son’s claim for a cranial injury at birth and whether or not it is worth pursuing. Your solicitor may seek the advice of an independent medical expert to determine whether or not negligence can be established. Your solicitor will present any relevant medical records they have obtained to this expert. This expert will examine the records and determine if your son’s skull injury from childbirth was due to childbirth or if it was unavoidable. On “the balance of probabilities” the medical expert will decide if your son would have suffered the same injury in different circumstances where a different course of action had been taken and if another competent medical professional had been treating you.

If the medical expert concludes that your son’s injury was due to negligence, your solicitor may proceed with your claim. If they do decide to proceed, he or she will send a letter of claim to the negligent party advising them that you are initiating a claim for childbirth cranial injury against them. If they admit liability, your solicitor will enter into negotiations to secure the maximum amount of compensation that you and your son should be entitled to. This will be calculated based on a number of factors, such as the nature of your son’s injury, the pain and suffering it is likely to cause him throughout his lifetime and the potential costs of long-term medical treatment if his condition requires this.

You solicitor will be able to give you more specific information about how much you may be eligible to receive and how it will be calculated when you tell them the specific details of your son’s injury and the impact it has had on your life. The information provided here is merely general advice, it is no substitute for the professional legal advice you will be able to obtain from a medical negligence claims solicitor. Therefore it is in your best interest to discuss your claim for a cranial injury at birth with your solicitor at the first possible opportunity.