Nerve Damage Compensation

I suffered nerve damage while giving birth to my baby in hospital – is it possible to claim nerve damage compensation?

You should be able to claim nerve damage compensation provided that the nerve damage you experienced is due to the negligence of hospital employees who owed you a legal duty of care. Any medical professional who fails to adequately provide their duty of care by demonstrating poor professional performance through carelessness, a lack of skill or an inability to employ that skill can be deemed liable for the injury you sustained. You should be aware however, that proving negligence in cases involving medical negligence is notoriously difficult to do.

The main criterion to meet in a nerve damage compensation claim is that the injury could have been avoided “in the circumstances at the time”. This means that it must be proven that the injury could have been prevented if the medical practitioner in question had performed to the best of his or her professional ability.

It is an unfortunate fact that injuries do occur – sometimes due to negligence and occasionally in other situations that may be considered unavoidable. Perhaps the nerve injury you suffered was sustained during an attempt to evade another, more severe type of injury, for example; in that case the medical practitioners responsible for your care may not be deemed liable to pay compensation for nerve damage.

When thinking about claiming nerve damage compensation, it is imperative that you discuss all aspects of your case with an experienced medical negligence solicitor. In the initial consultation that most solicitors offer without charge, your solicitor can assess your case and determine whether or not you have a nerve damage claim that is worth pursuing.

It is worth noting that each claim for nerve damage compensation is unique and each should be measured according to its individual merits. It is impossible to give an accurate indication of how much compensation you may receive, although your solicitor would be able to give a preliminary estimation when he or she evaluates all details of your claim.



This is an Information site only – if you feel you have a potential claim, you should discuss your situation with a solicitor registered with the Law Society of Ireland.