My child sustained Erb’s Palsy which I believe was due to the poor performance of the medical professionals – how can I claim for Erb’s Palsy injury during birth?
You may be able to claim for Erb’s Palsy injury during birth on behalf of your child if your child has been the victim of the negligence of medical professionals who should have performed a duty of care. Claiming for a birth injury from Erb’s Palsy can be difficult, particularly if your claim is disputed or if the circumstances surrounding the accident are unclear. For this reason you are always advised to first consult a personal injury* solicitor to assess your child’s entitlement to compensation for Erb’s Palsy injury during birth and determine whether it is worth pursuing further. By doing so, you will improve the possibility that your child will receive their full entitlement to compensation for their Erb’s Palsy birth accident.
Under Irish law, a claim for Erb’s Palsy injury during birth cannot be initiated by a child nor can they instruct a solicitor to initiate a claim on their behalf. They will be able to seek compensation for Erb’s Palsy injury during birth upon reaching the age of eighteen, from which point they will have two years to make a claim. However, as medical treatment for an Erb’s Palsy birth accident may be required long before then – as well as supplemental educational costs – you or another parent or guardian are able to represent your child’s claim on their behalf as a “next friend” at any stage between their accident and their eighteenth birthday. Although this essentially provides twenty years in which to make a claim for a birth injury from Erb’s Palsy, you are advised to consult a personal injury* solicitor at the earliest opportunity to ensure that a claim is made before evidence is lost.
Before a parent or guardian can act as a next friend for a claim for Erb’s Palsy injury during birth, they must first receive approval from the judge to do so. It is also important to note that should a claim for a birth injury from Erb’s Palsy be unsuccessful, the next friend must be ready to accept any financial liability which could arise. If a claim is successful, the compensation for Erb’s Palsy injury during birth which is awarded will be paid into court funds until the child reaches the age of eighteen, when the funds will be released. However if compensation is needed in the meantime for your child’s medical or educational requirements following an Erb’s Palsy birth accident, this can be released upon application to the court.
Claiming for a birth injury from Erb’s Palsy could be possible provided that the careless actions – or inactions – of a party who owed you and your child a duty of care resulted in your accident and injury. For this reason you are strongly advised to ask a personal injury* solicitor to assess your Erb’s Palsy birth accident at the earliest opportunity. Your solicitor will assess the claim, determine the amount of compensation for Erb’s Palsy injury during birth to which your child will be entitled and advise you on whether the claim is worth pursuing further. With the expertise of a solicitor you will also significantly improve the likelihood that your claim for Erb’s Palsy injury during birth will be successful.