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High Court Approved Professional Compensation Claim

Professional NegligenceCourt has accorded approval for grant of compensation claim to the affected boy. The boy has been suffered from the cerebral palsy due to drain damage at the time of this birth. It has been reported that when the boy, Ryan Brennan was born in Saint Joseph hospital located in Clonmel in January 2000. At the time of his birth, the newly born baby was not provided necessary medical treatment as foetal heart rate was discovered. The abnormality of the baby boy was not given attention and he faced critical seizures.

The baby boy had to be provided resuscitation soon after his birth which created some abnormalities. The matter was reported to senior doctors and obstetrician consultant of the hospital for the sufferings of the baby boy, Ryan with cerebral palsy and brain damage. If his abnormalities were dealt with at proper time, then this situation can be avoided. The damage has been done to the baby boy on the part of the medical negligence done by the doctors or medical staff of the hospital which resulted into his abnormal mental condition. The parent of the baby boy discussed this mental situation of the boy with the senior doctors of the hospital but it was already getting late and the harm to the brain has already been done which could not be treated.

The parents of the baby boy, Ryan sued in the court for compensation claim against Dr Powell and Health Service Executive for the medical negligence. The allegation put on the doctor and the Health Service for their breach of duty as well as on the agreement. The appellants have also provided all necessary lab and medical reports against them with necessary evidences to support their professional medical negligence claim. The defendants refused to accept the responsibility for the allegations made by the parents of the boy filed in the High Court, Dublin. The defendants have opted that they are not responsible for the professional negligence. They also refused to accept that at the time of the birth of the baby boy, his physical condition was normal and there was not sign of any breathing problem in the baby. The baby developed these problems after leaving out from the hospital and his parents were failed to report his problems in the hospital in time.

The court looked into the matter and examined the lab reports with results which indicated the exact condition of the patient at the time of his birth. Justice Mary Irvine issued necessary order for the professional negligence conducted by the doctors and staff of the hospital and accorded approval for the compensation claim for the cerebral palsy with an amount of €1.7 million. The court held the Health Service Executive responsible in this incident for the professional negligence and ordered to strike out the name of the doctor from the compensation claim. The court also ordered to calculate the interim claim and his future needs should be calculated as the baby could not do anything without the help of others.

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