Is a compensation claim for shoulder dystocia during birth possible, as I suffered severe bleeding as a result which required significant medical attention?
A compensation claim for shoulder dystocia during birth is possible if you have been the victim of negligence from a person who owed you a duty of care. However this could depend on the specific circumstances surrounding the incident and because you suffered an injury from shoulder dystocia during birth, this does not always mean you are eligible for compensation. Nonetheless, you should be entitled to the best health care possible when experiencing childbirth and you should not expect to endure a shoulder dystocia accident during birth. You could therefore be entitled to shoulder dystocia during birth compensation if you have been the victim of negligence, which a personal injury* solicitor can help verify.
To make a compensation claim for shoulder dystocia during birth, you are advised to contact a personal injury* solicitor at the earliest available opportunity. A claim for an injury from shoulder dystocia during birth cannot be made through the Injuries Board, as it would be seen as medical negligence*. For this reason your claim for shoulder dystocia during birth compensation must first be assessed by a medical expert, who will determine whether your accident was preventable and whether a competent medical professional would have taken the same actions. Claiming for a shoulder dystocia accident during birth could therefore be possible if it is established that measures which could – and should – have been taken to avert an accident were not taken by those attending to the birth in question.
However a compensation claim for shoulder dystocia during birth may not be possible in certain circumstances. The medical expert assessing your injury from shoulder dystocia during birth could determine that as unfortunate as your injury was, it was unavoidable under the circumstances of the childbirth. If it is determined that the medical professionals present while you were giving birth had provided the best possible care, it could be established that they were not liable for your shoulder dystocia accident during birth. In this circumstance, you may not be entitled to shoulder dystocia during birth compensation for your injury.
Determining liability for your injury from shoulder dystocia during birth is not always straightforward, because of which you should seek the consultation of a personal injury* solicitor at the earliest opportunity. Upon determining liability, your solicitor can advise you on whether you are entitled to claim shoulder dystocia during birth compensation and on whether it is worth pursuing further. Sustaining an injury on account of a shoulder dystocia accident during birth can be a traumatic event, because of which a solicitor should be consulted to pursue compensation on your behalf. With this legal representation you are also significantly improving the likelihood that your compensation claim for shoulder dystocia during birth will be successful.