To make a compensation claim for a fractured bone or a broken bone at birth for your new-born daughter the first thing you should do is speak with a medical negligence claims solicitor who is experience with childbirth injury claims. They will be able to put your mind at ease at what must be a stressful time for you, in addition to guiding you through the process of claiming compensation for a bone injury from childbirth. After you advise them on the specific details of your childbirth and the subsequent impact it has had on the life of your new-born daughter, your solicitor will inform you if you have a claim that is worth pursuing.
Childbirth negligence claims can be complicated, so it is best to seek advice from a solicitor from the first possible opportunity. Although it may seem clear to you that your daughter’s bone injury occurred due to a lack of care on the part of one of the medical practitioners that was treating you, an independent medical expert may not find this to be the case. It could be determined that your child’s injury was due to unavoidable complications. To establish negligence, your solicitor will contact every medical practitioner that provided you with treatment and obtain any relevant medical notes.
These notes will then be presented to an independent medical expert who will examine them to determine if your daughter’s bone injury from childbirth could have been avoided in alternative circumstances where an alternative, competent practitioner had been treating you and had taken an alternative course of action. If they conclude that your daughter’s birth injury has occurred because of negligence, your solicitor may agree to proceed with your claim. They will then send a letter of claim to the negligent party informing them that you are pursuing a compensation claim for a fractured bone or a broken bone at birth against them. If they accept liability, your solicitor will enter into negotiations with their insurance party to determine how much compensation you and your son should receive.
The two year time limit generally imposed by the Irish Statute of Limitations will not apply in the same way for your childbirth negligence claim. This is because children are not permitted by Irish law to make a claim or advise a solicitor on their own behalf. Therefore, whereas in the case of an adult the two year time limit would begin on the date that the cause of an injury or illness has been determined, your child’s two year time limit will not begin until they turn eighteen — meaning that they will have up until the age of twenty to make a claim. However, it is still advisable that you seek advice from a solicitor as soon as it is convenient following your daughter’s injury from birth, so that your solicitor can initiate your claim while there is still recent evidence available.
The information regarding pursuing a compensation claim for a fractured bone or a broken bone at birth that has been provided here is a general overview of how such a claim could be made. It is not a substitute for the specific legal advice your solicitor will be able to provide. It is recommended that you discuss your claim with a medical negligence claims solicitor at the soonest available moment.