A guide on birth injury claims in Ireland

2 minute read

Birth injuries can be a distressing experience for any family. In this guide, we’ll explore what constitutes a birth injury in the context of Irish law and how families can navigate the claims process.

What is a birth injury?

A birth injury refers to any harm to a baby or mother that occurs during the birthing process due to medical negligence.

Some examples of birth injuries that babies could suffer include:

Cerebral Palsy
Erb’s Palsy
Brachial palsy
Fractures (typically to the clavicle or collarbone)

Mothers may also experience injury during the birthing process. Some examples include:

Perineal Tears
Postpartum Haemorrhage
Uterine Rupture

The legal framework in Ireland as it relates to birth injuries

Medical professionals are expected to provide a standard of care. Failure to meet this standard, resulting in injury, may constitute medical negligence. Understanding this legal framework is crucial for any claim and it is a medical negligence solicitor’s job to establish negligence and causation.

Making a birth injury claim

To make a claim, it’s important to establish that negligence occurred and directly caused the injury. The process involves gathering medical evidence and expert opinions.

You can learn more about the process by reading: The medical negligence claims process

Time limits for birth injury claims

There are specific time limits within which a claim must be filed in Ireland. These vary depending on the circumstances, so it’s essential to seek legal advice promptly.

Mothers generally have two years from the date the medical negligence occurred to claim.

If the baby suffered the injury, the time limit will begin on their 18th birthday. However, it is still important to investigate any potential case at the earliest opportunity as delay in bringing proceedings can be detrimental to the case.

To learn more about these limitation periods, read: How long do I have to make a medical negligence claim

The role of a birth injury claims solicitor

Navigating the claims process can be complex. Professional legal support can provide guidance, helping families understand their rights and the steps involved in making a claim.