Is a compensation claim for cranial injury during birth possible, as my son suffered head trauma as he was born in hospital?
A compensation claim for cranial injury during birth could be possible if your son has been the victim of negligence during his birth. During your son’s birth, he fell under the duty of care of the medical professionals tending to the procedure, who should have been responsible for ensuring he did not sustain cranial trauma during birth. If it is determined that the medical professionals present did not take sufficient measures to prevent the possibility of an injury being sustained, your son could be entitled to cranial injury during birth compensation. To help determine whether your son is entitled to compensation for a cranial injury accident during birth, you are advised to talk with a personal injury* solicitor at the earliest opportunity following the accident.
Legally in Ireland, a child is unable to initiate a compensation claim for cranial injury during birth until he or she has reached the age of eighteen, from which point they will have two years to seek compensation. However – not only could compensation be needed in the meantime following cranial trauma during birth, but there is a danger that – particularly if the accident occurred during birth – evidence could become misplaced or forgotten in time. For this reason compensation can be sought for a cranial injury accident during birth by a parent or guardian acting on behalf of the child as a “next friend” at any stage between the accident and their eighteenth birthday. However a claim for cranial injury during birth compensation should be made before then in order to strengthen a claim.
Before a next friend can represent a compensation claim for cranial injury during birth, they must first receive approval from the judge presiding over the claim to do so. The next friend must also be prepared to assume any financial liability which they may incur should the claim for cranial trauma during birth be unsuccessful. If the claim is successful, the cranial injury during birth compensation will be paid into court funds and will remain there until the child turns eighteen years of age. However if compensation is required before then certain amounts of funding can be released upon application to the court for medical or educational requirements which could have arose due to your son’s cranial injury accident during birth.
Seeking cranial injury during birth compensation is possible on behalf of a child; however it is best done with the assistance of a personal injury* solicitor. Claims for cranial trauma during birth would be classed as medical negligence*, which can be more difficult as there are unfortunately scenarios in which an injury is unavoidable. By contacting a personal injury* solicitor, the cranial injury accident during birth can be professionally assessed by your solicitor and by a medical expert. With the representation of a personal injury* solicitor, your compensation claim for cranial injury during birth can also be handled professionally.