Claim for Cranial Injury to Baby during Birth

How can I make a claim for cranial injury to baby during birth on behalf of my child, who suffered head injuries on account of medical negligence?

It is possible to make a claim for cranial injury to baby during birth on account of a child who has suffered on account of medical negligence. This could be the situation if a head accident to a baby during birth occurred as a result of the failure of a doctor or nurse to perform their duty of care while tending to your child’s birth. In this situation, compensation for head injuries to a baby during birth will be claimed against the insurance policy of the hospital at which you have given birth. However as you are claiming on behalf of a child a different procedure will be required and if you wish to pursue cranial injury to a baby during birth compensation you are advised to first seek the advice of a personal injury solicitor.

A child in Ireland cannot legally initiate a claim for cranial injury to baby during birth – nor instruct a solicitor to do so on their behalf – until they have reached the age of eighteen. However compensation for a head accident to a baby during birth could be required before then, because of which a claim can be initiated by a parent or guardian acting on behalf of a child as a “next friend”. This means that a claim for head injuries to a baby during birth can be pursued at any stage between the child’s injury and their twentieth birthday. Although this may seem like plentiful time in which to pursue cranial injury to a baby during birth compensation, you are advised to make a claim sooner rather than later as evidence may disappear or be forgotten in time.

Before representing a claim for cranial injury to baby during birth, a next friend must first receive approval from a court. It is also required of the next friend to accept any financial liability which may arise from a head accident to a baby during birth in case of an unsuccessful claim. Should the claim be successful, the cranial injury to a baby during birth compensation which will be awarded will be paid into court funds where they will remain until the child turns eighteen years of age. However compensation may be needed to pay for educational or medical needs before then, because of which some compensation for head injuries to a baby during birth can be released upon application to the court.

A cranial injury to a baby during birth compensation may not be straightforward to pursue, as not only will a claim need to be made on behalf of a child but this also constitutes as medical negligence. This means the Injuries Board will not assess your child’s head accident to a baby during birth and a claim must be made through court for a child. You are therefore advised to contact a personal injury solicitor as soon as possible after head injuries to a baby during birth have been dealt in order to build the strongest claim possible. With professional legal representation for your claim for cranial injury to baby during birth, you are also significantly improving the likelihood that the claim will be successful.