Cerebral Palsy is a disorder of motor function caused by an acquired defect or injury to the developing brain. It can occur without negligence but in many instances it is caused by the negligence of Obstetric and Midwifery staff or paediatricians. It is diagnosed in approximately two in every thousand births in the EU.
Tiernan & Company solicitors have dealt with many of these cases and common examples include failure of medical staff to deal with abnormal CTG trace, misuse of Oxytocin/Syntocinon, problems caused following forceps or vacuum delivery, injuries to the newborn from uterine rupture or placental abruption, negligent resuscitation of the baby.
Over the last 30 years Tiernan & Co Solicitors has successfully brought to trial and won over 40 birth injury claims.
It’s often the case that a mother may also be injured when giving birth owing to the negligence of medical staff.These injuries may be physical or mental. A father may also suffer mental injuries such as nervous shock.
It is important to know the timelines that must be adhered to when dealing with the various types of claims. If a child suffers a birth injury they have a lot more time to investigate and pursue their claim than their parents. Their parent/guardian can take the case on their behalf up until they reach the age of 18 years old and they then have two years from reaching the age of majority to take the case on their own behalf. The mother however who might have suffered physical and/or mental injuries only has two years from the date of the negligence although this is extended to two years from the date that the claimant knew or ought to have known there was negligence.
If you are unsure whether or not you have a case then it is recommended that you talk to one of our medical negligence solicitors. We will take the time to listen and advise you on whether we believe there is a case to answer. If there is any doubt we would recommend issuing proceedings as this stops the clock on the statute and affords more time to properly investigate the claim.
In order to initiate a claim for medical negligence a report must be sought from a medical expert confirming that there is negligence. This negligence must be what caused the subsequent injury. It is often the case that these reports are sought from practitioners in the uk. The Solicitor taking the case will usually pay for these reports on the basis that if the claim is ultimately successful a large portion of the cost of the reports should be recouped from the Defendants.
While our offices are based in Dublin 2 we successfully work with clients throughout Ireland.
If you require further information on making a claim for medical negligence please contact Tiernan & Co Solicitors on 01 6622822 or Mark Tiernan on Mark@Tiernansolicitors.ie.
TIERNAN & CO SOLICITORS IS A MEMBER OF THE DUBLIN SOLICITORS BAR ASSOCIATION AND THE LAW SOCIETY OF IRELAND