My daughter suffered from a lack of oxygen during her delivery and now has irreversible brain damage. How can I prove that her birth was mismanaged so that I will be able to claim child brain injury compensation?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Answer

In order to prove that your daughter´s birth was mismanaged, and to be eligible to claim child brain injury compensation, you should rely on a review of your relevant medical records by an expert obstetrician. The obstetrician will determine whether better monitoring of your condition before you gave birth to your daughter would have prevented the complications which deprived her of oxygen and if her brain injury was attributable to medical negligence.

If “at the time and under the circumstances” a medical professional displayed a poor professional performance which led to an avoidable injury, you will be able to claim compensation for a child brain injury on your daughter´s behalf from the hospital or medical practitioner who was responsible for causing the scenario in which your daughter suffered brain damage.

In the event that more than one party was negligent in their duty of care, claims can be made against all the responsible parties and your settlement of child brain injury compensation will be divided proportionately between the negligent parties. Attributing proportionate blame is a complicated procedure, but something that will be resolved by a solicitor acting your behalf with guidance from the investigating expert.

A solicitor will also negotiate with the negligent party´s insurance companies to obtain a quick resolution to your child brain injury compensation claim or – if no quick resolution can be found – apply for interim payments of child brain injury compensation in order that you have the funds to provide your daughter with the highest level of care. The solicitor will also be able to arrange for court approval for you to be able to represent your daughter as her “next friend” and represent both you and your daughter in court when a satisfactory conclusion to your child brain injury compensation claim is arranged and the settlement receives judicial approval.

The first step you should take is to speak with a solicitor to organise an expert obstetrician to review your medical records. Once it is established that you have a claim for child brain injury compensation which is worth your while to pursue, your solicitor will explain the full procedure for claiming compensation for a child brain injury in relation to your own personal situation.