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Compensation Claim for Child Broken Bone during Birth

My son sustained a broken leg as he was being born which I believe was caused by the midwife at hand, can I make a compensation claim for child broken bone during birth?

A compensation claim for child broken bone during birth can be made if it is determined that the negligence of a third party resulted in their injury. Both you and your child are entitled to a duty of care from the medics tending to your childbirth and all measures should have been taken to avoid a broken bone injury to a child during birth. For this reason, your son could be entitled to broken bone to a child during birth compensation due to the negligence of a person who owed him a duty of care. However your son’s entitlement to compensation will depend on the strength of the claim, and for this reason a solicitor should be contacted to assess your son’s broken bone accident to a child during birth.

Under Irish law, a legal minor cannot initiate a compensation claim for child broken bone during birth until he or she has reached the age of eighteen, from which point they will have two years to make a claim. However compensation may be required before then for medical or educational requirements following a broken bone injury to a child during birth. For this reason, a parent or guardian – acting on behalf of a child as a “next friend” – can initiate a claim for a broken bone accident to a child during birth at any stage between the accident and the child’s eighteenth birthday. Although this means a claim can be made up until the child’s twentieth birthday, you are advised to pursue broken bone to a child during birth compensation at the earliest opportunity as evidence to support your claim may fade or be forgotten in time.

Before pursuing a compensation claim for child broken bone during birth, a next friend must first receive approval from the court to represent the claim on a child’s behalf. It should also be noted that should a claim for broken bone injury to a child during birth be unsuccessful, the next friend will assume any financial liability which may arise as a result. If a claim is successful, the broken bone to a child during birth compensation awarded will be paid into court funds, where it will remain until the child turns eighteen years of age. However if compensation for broken bone accident to a child during birth is needed for educational or medical needs in the meantime, this can be released upon application to the court.

A broken bone injury to a child during birth can be an upsetting experience for a parent – particularly if an injury at such a crucial time leads to a long-term injury. For this reason you should consult a solicitor regarding broken bone to a child during birth compensation to ensure that your child endures minimum disruption as a result of the injury. By assessing the details of your claim and calculating the compensation to which you may be entitled for your broken bone accident to a child during birth, your solicitor can advise you on whether the claim is worth pursuing further. With the representation of a personal injury* solicitor you will also ensure that your compensation claim for child broken bone during birth will be represented professionally and you will maximise the likelihood that your claim will be successful.