Posted in Success Stories on 07 July 2009

In July 2009, the team represented a woman at the High Court in Dublin who lost her baby as a result of the negligent acts and omissions of her independent midwife in a homebirth setting.

The Plaintiff commenced labour and delivered her late baby son at home in July 2004.  However, this was a breech birth and as a result of the negligence of the midwife, the baby suffered significant damage to his brain which led to his death in hospital 5 days later.

On receipt of the relevant medical records, we investigated the issues of negligence/breach of duty and causation.  Our experts unanimously found that there was "appalling" breaches of duty which had caused the brain insult to the infant and his subsequent death.  The proceedings were issued in 2007 and a full Defence was filed.  The midwife denied any liability whatsoever for the injuries sustained to the Plaintiff and indeed the death of the infant.  This denial of liability was maintained until November 2008.

The Defendant midwife was struck off the Register of Nurses by the High Court in Dublin in December 2008, following an inquiry into the allegations against her, conducted by the Fitness to Practice Committee of An Bord Altranais (Nursing Board).  Our team represented the Plaintiff during the course of this enquiry.

A tender for settlement of the action was submitted in June 2009 and came before Mr. Justice Quirke on the 8th July, 2009 for ruling/approval.  The Court ruled that the entire sum should be paid to the Plaintiff and he sympathised with her.  The Plaintiff was awarded €228,500.28 damages, plus costs.

Contact us at Cantillons Solicitors at +353 (0)21 -4275673 or info@cantillons.com if you would like more information.

* In contentious business, a solicitor may not calculate fees or other charges as a percentage of any award or settlement.


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