Birth Injury to Baby Claims

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If your baby has been injured due to mistakes or errors by doctors or midwives before, during or after giving birth then you may be entitled to make a claim for medical negligence.

Birth Injury to Baby Claims
Medical mistakes during childbirth can lead to devastating and catastrophic consequences. Our specialist medical negligence team can assist you in providing expert advice from some of the leading medical negligence lawyers in Ireland.

Types of birth injuries caused as a result of medical negligence include:

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Stillbirth or neonatal death
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Cerebral Palsy
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Erbs Palsy
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Brain Injury
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Fractures to the skull, collar bone, arm, shoulder
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Scars from instrumental delivery
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Hip dysplasia

Cerebral Palsy

In some cases, medical errors during pregnancy or labour can cause a brain injury due to lack of oxygen or a bleed on the brain and result in cerebral palsy.
What is cerebral palsy?
Cerebral palsy is not one specific condition. It is the name for a group of neurological disorders, caused by brain damage, which affects the baby’s body movement and muscle coordination.
What causes cerebral palsy?
It is caused by damage or an abnormality in the brain. This can be caused by maternal infection which affects fetal development; lack of oxygen during labour and delivery; or an accident which causes a traumatic brain injury in a baby.

Medical errors during pregnancy or childbirth can cause brain damage and result in a baby having cerebral palsy.

Examples of medical errors which cause cerebral palsy are:

  • Poor treatment or care during pregnancy
  • Failure to monitor fetal development during pregnancy
  • Injury caused as a result of poor use of ventouse or forceps during delivery
  • Damage to the baby’s skull during delivery
  • Failing to monitor the baby’s heartbeat and act on fetal distress during labour which results in the baby being deprived of oxygen
  • Failing to monitor the baby following delivery and act on signs of infection or Group B Strep
  • Failure to monitor baby’s blood sugar levels
  • Poor treatment of jaundice
  • Delay in delivering the baby
Lack of oxygen during labour and delivery:
It is imperative that a baby’s heartbeat is monitored during labour and delivery to ensure that the baby is not in distress. Failing to act on distress during labour or delivery can result in the baby being deprived of oxygen and suffering from brain damage.
Trauma during instrumental delivery:
Where a baby is not progressing through the birth canal as he/she should be, or where the mother is too exhausted to push, it can be necessary to perform an instrumental delivery using a ventouse or forceps to assist with the delivery of the baby.

Excessive force or using the delivery instruments incorrectly can cause the baby to sustain a fracture or a subgaleal hematoma. A subgaleal hematoma is caused by trauma to the baby’s head during delivery. It is a serious injury that occurs when blood accumulates outside of the baby’s skull.

Group B Strep
Group B Strep is a bacterium that can pass from the mother to the baby during delivery. It can cause sepsis and meningitis. If the signs and symptoms of sepsis or meningitis are missed or ignored it can cause catastrophic injury, such as cerebral palsy, or even death.
What can I claim for?
In addition to claiming compensation for pain and suffering, we also claim for housing adaptations or the purchase of a suitable property, aids and appliances, specialist equipment, nursing care costs to date and into the future, rehabilitation costs, treatment costs, loss of earnings and any other cost incurred as a result of the negligence.

Why choose Liston Flavin Solicitors?

We are a specialist cerebral palsy medical negligence law firm and have many years of experience of securing high value settlements for those who have suffered as a result of cerebral palsy caused by medical negligence.

We offer expert professional advice in a caring and supportive way and we can ensure that families get the support they need when dealing with the challenges that cerebral palsy brings to a family.

Erb’s Palsy / Brachial Plexus Claims

What is Erb’s Palsy?
Erb’s Palsy is a condition caused due to damage to some of the nerves that control the shoulder and arm. These nerves are part of the brachial plexus, which connect the spinal cord to the shoulders, arms and hands, providing sensation and control of movement. In the case of an Erb’s Palsy injury, the nerves affected are the ones that connect the shoulder to the upper arm. Depending on the extent of the injury, the symptoms may be more severe and if the nerve has been severed completely then there is likely to be no movement at all of the shoulder, arm or hand.
What causes Erb's Palsy?
This condition can be caused when a baby’s neck is stretched during delivery as a result of excessive force by the midwife or obstetrician when delivering the baby. This can occur when the baby’s shoulder gets stuck during delivery (known as Shoulder Dystocia) and where the medical staff then pull the baby’s head too hard in an effort to release the shoulder. What they should do is perform the McRoberts Manoeuvre which requires one person to assist with the delivery of the baby, two additional medical staff to push the mother’s legs into the McRoberts position and also possibly another staff member to apply supra pubic pressure to the mother’s tummy. This manoeuvre is used in order to try and release the shoulder and allow the baby to be delivered without injury.

Erb’s Palsy claims as a result of medical negligence can arise:

  • Where there is a failure to perform the McRoberts manoeuvre correctly.
  • Where the medical staff pull on the baby’s head with excessive force causing the brachial plexus nerves to be damaged or severed.
  • Where an inappropriate manoeuvre is performed during an instrumental delivery when using a forceps or ventouse.
  • Where there is a failure to monitor the size of the baby and perform a caesarean section if the baby is too large to be delivered safely.
  • Where the baby is in the breach position and there has been a failure to consider alternative options for delivery.
  • Where there has been fetal distress and a failure to monitor the baby appropriately which results in an emergency delivery in order to avoid the baby being starved of oxygen. This emergency delivery may result in an Erb’s Palsy injury.
  • Where a mother has had shoulder dystocia during a previous delivery, there is high probability that this may occur again in a subsequent pregnancy. This should be discussed so that she can consider her options and decide whether she wishes to have a caesarean section for the next delivery.
Types of nerve injuries in an Erb’s Palsy Claim:
  • Neuropraxia – this is the most common type of injury where the nerve is stretched but does not tear.
  • Neuroma – this nerve injury affects some of the nerve fibres and may result in scar tissue.
  • Rupture – this occurs when the nerves are torn apart and intervention is required in order to try and restore nerve function.
  • Avulsion – this most severe of the nerve injury and occurs when the nerve is torn from the spinal cord. This results in lifelong injury and paralysis to the arm.
What are the effects of an Erb’s Palsy Injury?
Whilst some babies with Erb’s Palsy injuries may recover in time, other babies are left with very severe disabilities. These disabilities include the possibility that they may never be able to use their arm and will require treatment such as physiotherapy and surgical treatment in an effort to try and achieve some sort of function of the injured arm.

Surgical options include a nerve graft or a nerve transfer but this does not guarantee full recovery, or any recovery at all.

Medical negligence claims which arise as a result of a baby suffering from an Erb’s Palsy injury include a claim for pain and suffering, housing adaptations, aids and equipment, physiotherapy, hydrotherapy, possible future loss of earnings and any other potential expenses that may need to be incurred as a result of the injury.

How difficult is it to successfully pursue an Erb’s Palsy medical negligence claim?
Our specialist medical negligence firm have represented many children and families where there has been a medical negligence claim as a result of an Erb’s Palsy injury which arose during labour. We have secured very significant compensation and have a proven track record of successfully representing those affected by an Erb’s Palsy injury.

We are highly experienced in liaising with the top expert obstetricians, orthopaedic surgeons, plastic surgeons and any other relevant expert in relation to ensuring that the case is fully investigated and progressed without delay in order to secure compensation which will cover pain and suffering, any treatment costs and other necessary expenses to date and also any expenses into the future.

For more information about how we can help you, please contact Rachael Liston or Clare Flavin on 01-9123240 or email info@listonflavin.ie

Types of Medical Negligence Claims

Brain Injury Claims

Brain injuries can have a devastating effect on an individual and their family, particularly if the injuries are as a result of medical negligence. Brain injuries can be catastrophic and result in traumatic and life-changing injuries.

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Stroke Misdiagnosis Claims

A stroke can occur when the blood supply to part of the brain is cut off or reduced, preventing the brain tissue getting the oxygen it needs. Strokes are a medical emergency and urgent treatment is essential.

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Birth Injury to Mother Claims
For most women, having a baby is a positive experience and they leave hospital having received excellent care.

Unfortunately, when something goes wrong or where negligence occurs, before, during or after childbirth, it can result in very serious physical and psychological injuries.

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Birth Injury to Baby Claims
If your baby has been injured due to mistakes or errors by doctors or midwives before, during or after giving birth then you may be entitled to make a claim for medical negligence.

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Stillbirth & Neonatal Death Claims
If your baby died due to hospital negligence then you will have many unanswered questions as to what caused the death of your baby.

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Gynaecology Claims

Gynaecologists are doctors who specialise in investigating, diagnosing, and treating disorders of the female reproductive system.

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Misdiagnosis Claims

Misdiagnosis occurs when a doctor or medical professional fails to accurately diagnose a patient. It can arise when there has been a incorrect or delayed diagnosis of a medical condition such as cancer, meningitis, diabetes, heart disease or head injuries.

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A&E Negligence Claims

A&E departments deal with many different types of medical emergencies. These departments are highly pressurised and emergency care can sometimes go wrong and cause serious injury to the patient. Accident and emergency claims can arise where negligent delay or incorrect medical treatment results in the patient suffering from illness or injury, which would not have occurred but for the negligent care.

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Dental Negligence Claims

If your dentist has made a mistake or an error whilst treating or diagnosing a dental issue then you may have a claim for dental negligence.

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Fatal Claims
If the loss of a loved one was a result of a medical mistake or error, then you may be able to pursue a fatal claim on you and your family’s behalf.

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Cauda Equina Claims

Cauda Equina Syndrome is a medical emergency and needs to be treated urgently to avoid long-term irreparable neurological damage. If your doctor has failed to recognise the symptoms of Cauda Equina Syndrome and failed to refer you for emergency treatment, then it is possible that you have a claim for medical negligence.

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Surgical Injury Claims

Surgical negligence claims arise when mistakes occur during surgery which result in the patient being injured.

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Spinal Injury Claims
Spinal injury can be caused as result of a delayed or missed diagnoses or during routine surgery. Where the injury is caused because of negligence, it may be possible to make a spinal injury claim with Liston Flavin Solicitors.

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Defective Medical Device Claims
If a medical device is defective it can cause serious harm to patients. It can also make a condition worse and necessitate additional surgery.

Despite strict standards and rigorous testing of medical devices, sometimes products are defective and can cause serious personal injury. This may require a patient having to undergo further surgery to remove and replace the defective medical device.

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Nursing Home Claims

Some of the most vulnerable in society reside in care homes and nursing homes and whilst most people who reside there receive an excellent level of care. There are exceptions, however, where failings in care by the staff who are responsible for caring for the vulnerable and elderly results in poor care and medical treatment which leads to injury and can tragically lead to death. This can result in a claim for medical negligence.

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Covid 19 Claims
Non-Covid patients are at risk of serious harm or death because of a delay in accessing treatment or medical services during the pandemic.

If you have suffered from unnecessary illness or harm because of a delay in accessing the required medical care, then you may have a claim for medical negligence.

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GP Claims
When we feel unwell, we generally go to our GP and on the most part patients receive exceptional care. Sometimes, however, symptoms are missed, and doctors fail to diagnose or refer patients for further treatment.

GP’s play an important role in ensuring that patients are assessed appropriately, prescribed the correct treatment, and referred on for specialist care without delay.

If a GP makes a mistake which causes a patient to suffer unnecessary pain and financial loss, it may be possible to pursue a claim for medical negligence.

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Cosmetic Surgery Claims
Cosmetic surgery mistakes can be devastating, both physically and mentally. Where a procedure goes wrong or where a cosmetic surgeon or dermatologist makes a mistake which causes an injury then it is possible to pursue a cosmetic surgery claim.

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