Stephen Kelly LawMedical Negligence Solicitor

Birth Injury Claims

Birth Injury Claims in Ireland

A birth injury claim looks at whether the care given to a mother or baby during pregnancy, labour or delivery fell below the expected standard, and whether that caused harm. Where it did, the family may be able to take the matter further.

When something appears to go wrong around the birth of a child, it can be one of the most difficult experiences a family faces. You may be worried about your own recovery or about your baby. We approach these matters with care and dignity, and offer clear, gentle advice on your options.

What this can cover

  • Injuries to the mother during labour or delivery
  • Injuries to the baby during birth
  • Delays in acting on signs of fetal distress
  • Management of complications during pregnancy
  • Decisions around assisted or surgical delivery
  • Care and monitoring after the birth

Situations that may amount to negligence

  • Signs of distress during labour that may not have been acted on promptly
  • A delivery decision that may have been delayed when it should have been brought forward
  • An injury to the mother during birth that may have been avoidable
  • Monitoring during labour that may not have been carried out properly
  • A complication in pregnancy that may not have been managed appropriately
  • Care after the birth that may have fallen short of what was needed

How negligence is assessed

These claims are handled gently, and a difficult outcome does not by itself mean there was negligence. The starting point is that those caring for you owed a duty of care. The question is then whether the care met the standard expected of a competent practitioner, assessed under the Dunne v National Maternity Hospital test, which asks whether no practitioner of similar skill would have acted as they did. It must also be shown that any failing caused or materially contributed to the harm, which is known as causation.

Time limits. As general information, time limits differ for children, and a claim relating to a child can often be brought up to two years after the child turns eighteen, while a parent's own claim usually runs from the date of knowledge.

Simple and clear

Making a birth injury enquiry

A straightforward path from your first question to clear advice on where you stand.

  1. 1

    Get in touch

    Tell us briefly what happened, by the enquiry form or by phone. There is no obligation.

  2. 2

    Initial review

    We listen, ask a few questions and look at the key facts and any records you have.

  3. 3

    Advice on next steps

    We explain your options clearly, including any time limits that may apply to you.

  4. 4

    Claim preparation, if appropriate

    If there may be a claim, we guide you through what comes next at a pace that suits you.

Your questions

Birth Injury claims: common questions

Concerns can relate to either the mother or the baby, including injuries during delivery, delays in responding to distress, or how complications were managed. As with all such matters, a claim depends on whether the care fell below the expected standard and caused harm.

In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Get in touch

You do not have to work this out alone

Talk it through with Stephen Kelly Law, confidentially and with no obligation. We will help you understand where you stand and what your options may be.

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