Following a legal action based on a allegation of birth negligence due to a delay in the diagnosis of a post birth hip issues Dublin boy has settled his High Court compensation actions for €120,000.
The boy in question, Michael O’Connell, who is now seven years of age, was forced to undergo a surgical operation in order to deal with the hip issue in 2018. The problem that occurred during his birth was initially identified by his family doctor when he was just four month on.
Michael O’Connell, Butterfield Orchard, Rathfarnham, Dublin had through his mother Elizabeth O’Connell sued the Rotunda Hospital for the hip injuries that he sustained that the time of his birth.
Michael’s Counsel in the High Court, Alan Keating BL instructed by Rachael Liston solicitor, today informed presiding judge Justice Kevin Cross said it was their case the newborn baby boy should have been double checked for any evidence of hip instability that was caused by the nature of his birth according to the hip screening protocol that was being conducted at the maternity hospital.
Mr Justice Kevin Cross was told that the Rotunda Hospital Dublin accepted that there had been a breach of duty in the case. The hospital also accepted that on October 28th, 2013 the baby was allowed to go home without the protocol having been adhered to as required. The Rotunda Hospital also accepted liability in relation to the delay that occurred in the diagnosis of the baby’s hip problem for the duration of time from October 28 2013 to April 15 2014.
Legal representative informed the court there were problem in relation to causation, but the settlement had been reached after mediation talks were conducted.
Michael, Mr Keating informed the High Court, underwent surgery during 2018. It took him a number of several weeks to recover from the procedure. However, the you gnbouy is currently running and walking and in a much better position than his parents had initially been afraid of.
As he was giving his approval for the birth negligence compensation settlement Mr Justice Kevin Cross referred to it as excellent one.