Birth Injuries - How the compensation of a birth injury will be assessed
If you bring a birth injury claim and are successful, you will be awarded compensation which will be much needed funds towards the care and therapy your child will require.
It is essential that you seek an award for compensation that flowed from a negligent act on the part of a healthcare professional or hospital. Compensation in medical negligence cases can include damages for pain and suffering both past and future, loss of pleasures/amenities of life past and future, loss of expectation of life, loss of income or employment opportunities and loss of opportunity.
The purpose of awarding compensation is to put the Plaintiff back into the position that they were in before the negligent action took place. In other words, an appropriate description for awarding general damages is "a recognition of the injuries suffered by the Plaintiff and damages should reflect the changes of circumstances of the Plaintiff". (Personal Injuries and Periodic Payments and Structured Settlement 1996, LRC). Although this is generally considered amongst legal professionals as an imperfect mode of compensating a Plaintiff, it is the only method currently available to the Court.
In assessing the level of compensation, there is a general consensus that the sum awarded should be:
• Proportionate to the injury sustained • Be fair to the Plaintiff and the Defendant • Be proportionate to social conditions bearing in mind the common good • Proportionate to the general scheme of damages awarded by a Court
In addition, compensation both past and future may also be claimed which include financial losses such as medical expenses, loss of earnings, care costs, aids and appliances and housing accommodation. This aspect of the compensation is the most complicated and requires the input of various experts which we can assist in securing on your behalf.
If you are unsure whether or not you can bring a claim for compensation, seeking advice from a solicitor will, at the very least, reassure you about your legal rights. It is worth taking legal advice before you decide whether or not to pursue a claim.
