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Birth Injury Claims in Ireland

What is a birth injury claim?

A birth injury claim is a type of medical negligence claim. It arises where a baby or mother suffers an avoidable injury because the care provided during pregnancy, labour or delivery fell below the standard reasonably expected of the medical professionals involved.

Not every difficult birth or poor outcome is the result of negligence. Childbirth carries genuine risks even when care is excellent. A claim only succeeds where two things are shown: that the care fell below an acceptable standard, and that this failing caused or materially contributed to the injury. Both elements usually require independent expert medical evidence.

What is a birth injury claim?

Birth injuries can affect the baby, the mother or both. We advise families across the full range of these matters, and you can read more on the dedicated pages linked below.

Injuries affecting the baby

Injuries affecting the mother

  • Severe perineal tears, postpartum haemorrhage, uterine rupture and untreated pre-eclampsia, covered on our maternal birth injury claims page
  • Psychological trauma arising from the events of the birth

How do I know if I have a claim?

Three elements generally need to be present for a claim to succeed.

  1. A duty of care was owed to you. This is almost always straightforward in a medical setting.
  2. The care fell below the expected standard. The Irish courts ask whether the treatment fell below the standard expected of a reasonably competent practitioner in the relevant field, the principle established in Dunne v National Maternity Hospital.
  3. That failing caused your injury. It is not enough to show that care was poor. It must be shown that the failing caused or materially contributed to the harm suffered.

Establishing the second and third points almost always requires your medical records to be reviewed by an independent expert in the relevant specialty, such as an obstetrician, midwife or neonatologist. We arrange this review and advise you honestly on whether your case is worth pursuing before any proceedings are issued.

How birth injury claims are proven

Birth injury cases are evidence-led. The material that typically matters most includes:

  • Your full maternity and hospital records
  • CTG traces, which record the baby’s heart rate during labour and often reveal whether warning signs were missed
  • Independent expert reports on the standard of care and on causation
  • Where relevant, your own account and the accounts of those present

Because so much turns on detailed records and expert interpretation, these cases are specialist work. The sooner records are gathered, the easier it is to build a clear picture of what happened.

Making a claim for a child

A child cannot bring a claim on their own behalf. A parent or guardian can bring a claim for them as their “next friend”, and there are often good practical reasons to do so while records and recollections are fresh. Any settlement secured for a child must be approved by the court, and the funds are protected on the child’s behalf until they reach adulthood.

Time limits for birth injury claims in Ireland

Time limits are strict, so it is important to act early. In general you have two years less one day to bring a medical negligence claim, running from your “date of knowledge”, which is when you first knew, or ought reasonably to have known, that a significant injury was caused by negligent care. That date can be later than the birth itself.

For a child, the two-year period is paused until their 18th birthday, which usually means proceedings can be brought up to the day before their 20th birthday. A parent or guardian can also claim earlier on the child’s behalf. Different rules apply again where a person lacks the capacity to manage their own affairs.

These rules can be complex, and missing a deadline can end an otherwise strong case. You can read our full guide on birth injury claim time limits in Ireland, and we would always encourage you to take advice as soon as you have concerns.

Do birth injury claims go through the Injuries Resolution Board?

No. Unlike most personal injury claims, medical negligence claims are not assessed by the Injuries Resolution Board, formerly the Injuries Board or PIAB. These cases proceed through the courts, and serious birth injury claims are typically brought in the High Court. This is one of the reasons specialist legal advice matters so much in this area.

What compensation can a birth injury claim include?

Compensation is intended to put the injured person, as far as money can, in the position they would have been in had the negligence not happened. It is generally made up of two parts.

  • General damages for pain, suffering and loss of amenity. In Ireland these are assessed by reference to the Personal Injuries Guidelines.
  • Special damages for financial losses. In serious cases, particularly those involving lifelong disability, this is often the largest part of an award and can include the cost of past and future care, therapies, assistive equipment, suitable accommodation, loss of earnings and related expenses.

Every case is assessed on its own facts, and the value depends entirely on the individual circumstances and the evidence. For that reason we do not quote figures, and you should be cautious of anyone who does.

The claims process, step by step

While every case is different, most follow a similar path.

  1. An initial confidential consultation, where we listen to your account and advise on whether your concerns are worth investigating.
  2. Gathering your medical records.
  3. Independent expert review of the records on standard of care and causation.
  4. If the evidence supports a claim, issuing court proceedings to protect your position.
  5. Exchange of evidence and, in many cases, negotiation.
  6. Settlement, or if a fair settlement cannot be reached, a court hearing.

We keep you informed at every stage and aim to progress your case as efficiently as the evidence allows.

How we can help

Sweeney Solicitors is a medical negligence and personal injury firm with offices in Cork, Dublin and Limerick, advising clients nationwide. Our team will handle the legal complexity so that you can focus on your family.

You can read answers to common questions on our Birth Injury FAQs page, see anonymised birth injury case examples we have advised on, or learn more about Childbirth Negligence Compensation.

To talk to us in confidence, call free on 1800 246442, email info@sweeneysolicitors.ie or book a video consultation. There is no obligation, and the initial consultation is free.

Reviewed by David Sweeney, Solicitor, Sweeney Solicitors. Last reviewed June 2026

Disclaimer
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he information on this page is provided for general information purposes only and does not constitute legal advice. While we endeavour to keep it accurate and up to date, you should not rely on it as a substitute for tailored legal advice. In contentious business a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

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1800 246442

info@sweeneysolicitors.ie

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Freephone: 1800 246442

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Freephone: 1800 246442

Limerick

20 The Crescent, O’Connell Street, Limerick
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