It is possible to claim compensation for baby breaking bone during birth and what is the procedure for doing so?
Compensation for baby breaking bone during birth can be sought if it is considered that the negligent professional performance of a medic tending to your child’s birth resulted in an injury. When giving birth, the doctors and nurses present owe you and your child a duty of care and you should not expect an injury to a baby after breaking a bone at birth to occur. A claim for baby breaking bone during birth could therefore be possible if it is considered that a breach in this duty of care had occurred and this resulted in an injury being sustained. This can be determined by a medical professional who can guide you through the process of making a claim following a breaking bone accident to a baby during birth.
Under Irish law, a claim for compensation for baby breaking bone during birth cannot be initiated by a child until he or she has reached the age of eighteen, from which point they will have two years to pursue compensation. However compensation can be required to pay for medical costs and educational needs following an injury to a baby after breaking a bone at birth and for this reason a claim can be initiated by a parent or guardian as a “next friend”. This can be done at any time between the accident itself and the child’s eighteenth birthday, essentially meaning that a claim for baby breaking bone during birth can be made at any time until the child’s twentieth birthday. However – while this may seem like plentiful time to pursue compensation for a breaking bone accident to a baby during birth, it is advised to make a claim as soon as possible as evidence can become misplaced or forgotten over time.
Before a next friend represents a claim for compensation for baby breaking bone during birth, they must first receive approval from the court to do so. It is also important to note that in the event that a claim for an injury to a baby after breaking a bone at birth is unsuccessful, the next friend will have to accept any potential financial liabilities which may arise. If a claim for baby breaking bone during birth is successful, the compensation awarded will need to be paid into court funds until the child reaches the age of eighteen. However if compensation for breaking bone accident to a baby during birth is required in the meantime for educational or medical requirements, this can be released upon application to the court.
An injury to a baby after breaking a bone at birth can be serious at such a delicate stage in the baby’s life and can lead to longer-term problems. For this reason a claim for baby breaking bone during birth may be necessary to ensure that their recovery process is helped and that any hindrance to their life is minimal. It should be remembered that no claim is guaranteed to be successful and the strength of the claim for a breaking bone accident to a baby during birth will depend on the preparation which is made. For this reason you are strongly advised to consult a personal injury solicitor at the earliest opportunity to ensure that you receive your maximum entitlement to compensation for baby breaking bone during birth.