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Birth Injury Claims in Ireland: Frequently Asked Questions

Birth injury claims in Ireland can raise difficult questions for parents and families following harm during pregnancy, labour or delivery.

If your baby or you were harmed during pregnancy, labour or delivery, you will naturally have questions. Below, we answer the ones we are asked most often about birth injury claims in Ireland. This page is for general guidance only and is not legal advice. For advice on your own circumstances, please get in touch for a free, confidential consultation.

A birth injury claim arises where a baby or mother suffers injury due to substandard medical care during pregnancy, labour or delivery. This may include failures to monitor the baby, delays in carrying out a caesarean section or the incorrect use of forceps or vacuum delivery. You can read more in our guide to birth injury claims in Ireland.

Yes. You can bring a medical negligence claim against a hospital where the care provided fell below an acceptable standard and caused injury to either the baby or the mother. This applies to both public and private hospitals.

Birth injury claims commonly involve brain injury due to a lack of oxygen (hypoxia), cerebral palsy, shoulder dystocia injuries, brachial plexus injuries (Erb’s palsy), fractures during delivery and maternal injuries such as severe tearing or haemorrhage.

Oxygen deprivation during birth is often linked to a failure to properly monitor the baby’s heart rate, delays in responding to signs of distress or a failure to carry out an emergency delivery in time. You can read more about oxygen deprivation and cerebral palsy claims.

Shoulder dystocia is a complication where the baby’s shoulder becomes stuck during delivery. While it can occur unexpectedly, medical negligence may arise where risk factors were not identified or the situation was not managed appropriately.

Yes. Improper or inappropriate use of forceps or vacuum delivery can cause injury to both the baby and the mother. A claim may arise where these instruments were used incorrectly or where a caesarean section would have been safer. See our page on forceps and vacuum delivery injury claims.

Maternal birth injuries can include severe perineal tears, postpartum haemorrhage, uterine rupture and psychological trauma. A claim may arise where these injuries were avoidable with proper medical care.

Not every complication is negligence. A claim arises where the medical care fell below a reasonable standard and caused injury. This is assessed by reviewing the medical records and obtaining an independent expert medical opinion.

In general you have two years less one day to bring a claim, running from the date of the incident or from your date of knowledge, which is when you first knew, or ought reasonably to have known, that the injury was caused by negligent care. 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 bring a claim earlier on the child’s behalf. You can read our full guide to birth injury claim time limits.

Yes. A parent or guardian can bring a medical negligence claim on behalf of a child who has suffered injury at birth due to negligent medical care. Any settlement for a child must be approved by the court.

Cerebral palsy can, in some cases, result from oxygen deprivation during birth. Where this occurs due to a failure to properly monitor or respond to complications, it may give rise to a claim. See our page on cerebral palsy claims.

A brachial plexus injury is damage to the nerves controlling the arm, often associated with difficult deliveries such as shoulder dystocia. It can result in weakness or paralysis and may be linked to excessive force during delivery.

Key evidence includes the full medical records, CTG (heart monitoring) traces, independent medical expert reports and witness statements. This evidence is used to assess whether the standard of care was breached.

At your first consultation the solicitor will listen to your account, review any available documentation and advise whether there may be grounds for a claim.

Serious birth injury claims in Ireland are typically brought in the High Court. However, many cases are resolved before trial once the medical evidence has been obtained and liability is established.

Birth injury claims can take several years due to the complexity of the medical evidence and the need to assess long-term outcomes, particularly in cases involving children.

Compensation depends on the severity of the injury, the long-term care needs and the impact on quality of life. In serious cases, particularly those involving lifelong care, awards can be significant. Every case is assessed on its own facts, so we do not quote figures.

Hospitals may argue that an injury was an unavoidable complication. The key legal question is whether the situation was managed in line with accepted medical standards.

Yes. Delays in recognising distress, escalating care or performing a timely caesarean section can result in serious injury and may give rise to a claim.

The first step is to contact a solicitor experienced in medical negligence. Your solicitor will obtain your medical records and arrange for expert review to determine whether your case can proceed.

Disclaimer
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The 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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