Compensation for Shoulder Dystocia during Birth

I was offered €1,000 compensation for shoulder dystocia during birth after I suffered severe bleeding – however this seems low, how much should I receive?

The amount of compensation for shoulder dystocia during birth to which you are entitled can depend upon the circumstances surrounding your accident and injury. Each compensation claim is unique and no two amounts of compensation for an injury from shoulder dystocia during birth will be identical. This means that €1,000 could be perfectly fair compensation for your shoulder dystocia accident following birth or it could be completely inadequate for your needs. This is difficult to establish without specific details of your accident and injury and for this reason you are advised to consult a personal injury solicitor at the earliest opportunity to assess your claim for shoulder dystocia during birth who can determine your true entitlement to compensation.

Your compensation for shoulder dystocia during birth will begin with general damages for the injuries you have sustained, which will consider the nature of your injury along with its severity and the long-term impact it may have. Special damages will then consider the financial impact of your injury from shoulder dystocia during birth such as the expenses you have incurred as well as the income you have lost when unable to work, and this aspect of your compensation should return your financial situation to as though your injury never occurred. Your claim for shoulder dystocia during birth will then consider the loss of amenity you experienced due to any deterioration in your quality of life, such as the inability to partake in social and leisure activities and being unable to perform everyday tasks. If you have suffered psychological trauma owing to your shoulder dystocia accident following birth, this can also be compensated if verified by a qualified psychiatrist.

However certain situations can affect your compensation for shoulder dystocia during birth. If – for instance – you are determined to be partially negligent towards your shoulder dystocia accident following birth or for the extent of your injuries, this may result in a reduction in the amount of compensation you may be entitled to claim. This could be the situation if – for example – you made your injury from shoulder dystocia during birth worse by failing to follow doctor’s instructions to avoid the possibility of an injury occurring or if you neglected to attend follow-up appointments following your initial treatment. Although a claim for shoulder dystocia during birth could still be possible in this scenario, your compensation can be reduced to reflect your own careless actions or inactions.

However it is also possible that the insurance company of the hospital in question is attempting to settle your claim for shoulder dystocia during birth quickly and cheaply. This is possible if you are offered compensation for your injury from shoulder dystocia during birth which is far below the true value of your claim. If such an offer is accepted which later transpires to be insufficient for your medical needs or to provide for your family following your shoulder dystocia accident following birth, you will be unable to return and seek more compensation. For this reason you are advised to contact a personal injury solicitor at the earliest opportunity to assess your compensation for shoulder dystocia during birth and determine whether the offer of €1,000 is fair.