What is a Birth Injuries Claim?
Birth injury claims cover harm to mother or baby caused by substandard obstetric or midwifery care during pregnancy, labour, delivery, or the immediate post-natal period. Common claims include delayed caesarean section, inadequate foetal monitoring, mismanaged shoulder dystocia, and failure to identify and respond to maternal complications.
Am I Entitled to Claim?
You may have a claim if the care provided fell below the standard of reasonably competent obstetric practice and harm resulted. These claims can be brought on behalf of an injured child (the two-year limit does not begin running until age 18) or by the mother personally. Cases involving lifelong disability often lead to settlements sufficient to fund care into adulthood.
Step-by-Step Process
Gather All Records
Full maternity records including CTG traces, nursing notes, and clinical correspondence.
Contact Keans
Sensitive initial consultation at a time and place that suits the family.
Expert Review
Independent obstetric, midwifery, and neonatal expert reports are obtained.
Letter of Claim
Formal letter to the HSE or private hospital and the State Claims Agency where applicable.
High Court Proceedings
Birth injury cases are High Court matters given their complexity and value.
Settlement Approval
Settlements for minors require High Court approval. We handle the full process.
Evidence That Strengthens Your Claim
The stronger the evidence, the more straightforward the claim. Where possible, gather the following:
- Full medical records from the GP, hospital, or clinic in question
- Copies of any consent forms you signed
- Prescription and medication records
- Correspondence between doctors, consultants, and your GP
- A detailed personal account of symptoms, treatment, and conversations
- Records of any complaint submitted to the HSE or the Medical Council
- Reports from any independent medical experts consulted since
- Complete maternity record including CTG traces
- Birth notification and neonatal unit records
- Partogram and labour progression notes
- Any neuroimaging of the baby
Compensation Ranges
Birth injury settlements for children are structured to fund lifelong care. We work with paediatric neurologists, actuaries, and care experts to quantify correctly.
Frequently Asked Questions
No. Only a minority of cerebral palsy cases result from negligent management of birth. Many cases are caused by factors before or during pregnancy that were not avoidable. Expert review of the CTG trace, the course of labour, and the timing of intervention is essential.
At any time before the child’s 20th birthday, because the two-year limitation runs from the age of 18. In practice, we encourage families to bring claims earlier because evidence becomes harder to obtain with time and care planning needs to start.
Yes, potentially. Serious perineal injuries (third and fourth degree tears) can be negligent where they result from poor management of delivery. Mothers can claim in their own right for their own injuries.
Major settlements for injured children are typically a combination of a lump sum for immediate needs and periodic payments providing index-linked ongoing income. The Court of Appeal’s "Periodic Payment Orders" legislation supports this structure.
No. The initial consultation at Keans is free. For personal injury cases we discuss all fees in writing before work begins. In contentious business, Irish law prevents solicitors from calculating fees as a percentage of your award or settlement.
Most personal injury claims settle without a court hearing, either through the Injuries Resolution Board or through direct negotiation. If court is required, we prepare you carefully and represent you throughout.