Blog

We ended last week with an important result for a young woman who suffered a brain injury in the course of her birth 27 years to the day earlier. The case was quite unusual for two reasons. Firstly our client was born in what was described as 'relatively good condition' meaning that while she required some resuscitation, she was not intubated. Our team of medical experts successfully countered the HSE argument that this proved her injury was caused before her delivery and was... therefore not due to the poor standard of care that she and her mother received at St Luke's Hospital, Kilkenny. The second unusual feature was that while our client suffered a brain injury and an intellectual deficit, she has no physical disability and does not have cerebral palsy. Once again, our experts argued strongly that medical research has changed the general understanding of how such birth elated hypoxic ischaemic injuries present themselves. They showed from research that there is no requirement that an child with an intellectual disability also has a physical injury to meet the criteria for negligently inflicted brain injury in the course of a baby's delivery.
In this series of articles, I am looking at birth related injuries affecting the mother as opposed to the baby.  The vast majority of mothers give birth to healthy babies without any harm to the mother. On some occasions however, the outcome for the mother is not so good with injury occurring that may lead to short, medium or even long term consequence. In some of these cases, the maternal injury or poor outcome was caused by neglect and it is to that neglect – and only in cases of clearly proven neglect, that the law addresses the issue of compensation.
In this series of articles, we are looking at birth injuries affecting the mother as opposed to the baby.  The vast majority of mothers give birth to healthy babies without any harm to the mother. On some occasions however, the outcome for the mother is not so good with injury occurring that may lead to short, medium or even long term consequence. In some, but certainly not all of these cases, the maternal injury was caused by neglect and it is to that neglect – and only in cases of clearly proven neglect, that the law addresses the issue of compensation.
When you hear about birth injuries in the news it is almost always in relation to the baby. Horrific stories of unnecessary harm to babies sometimes seem to fill the news pages. We are all sadly too familiar with the sight of parents emerging from the Four Courts in the presence of their child, often severely disabled with cerebral palsy or similar brain injury having secured a multi-million euro care package.  . While these ‘baby’ birth injury cases quite properly deserve the awards the receive in the courts and the attention they attract in the media unfortunately in our experience birth injuries are not however only confined to babies and quite often the forgotten victim in the courts and in the media is the Mum. 
I M G 7092
Call us Freephone

1-800 60-70-80

© 2018 Cian O'Carroll Solicitors,
  • Friar Street, Cashel, Co. Tipperary, Ireland. 
  • Phone: 1-800 60-70-80 & 062 64455
  • Fax:
  • Email: cian@tipplaw.com

Search

Search - Use spaces to separate your keywords