Making a birth injury claim in Ireland is one of the most important steps a family can take after their child or mother has been harmed during labour or delivery.
Birth injuries caused by medical negligence can have lifelong consequences, from cerebral palsy and Erb’s palsy to brain damage and maternal trauma.
When those injuries were preventable, Irish law provides a pathway for affected families to hold healthcare providers accountable and secure the compensation they need.
At Coleman Legal LLP, our specialist medical negligence solicitors have extensive experience in birth injury claims across Ireland.
We understand the emotional and financial burden these cases place on families, and we guide clients through every stage of the process with clarity and care.
This guide explains what a birth injury claim involves, how to prove negligence, what compensation you may be entitled to, and the time limits that apply.
What is a birth Injury claim in Ireland?
A birth injury claim in Ireland is a type of medical negligence claim brought when a child or mother suffers harm during pregnancy, labour, or delivery as a result of substandard medical care.
Unlike birth defects, which arise from genetic or developmental factors, birth injuries are caused by events that occur during the birthing process, and many are preventable with appropriate clinical care.
To succeed in a birth injury claim, you must demonstrate that the healthcare provider owed a duty of care, that this duty was breached, that the breach caused the injury, and that measurable harm resulted.
This is assessed against the legal standard established in Dunne v National Maternity Hospital, which requires the care to meet the standard of a competent practitioner of equivalent skill and training.
Types of birth injury claims we handle
Birth injuries vary significantly in nature and severity. Coleman Legal LLP handles birth injury claims across all of the following categories:
Birth injuries to the child
- Cerebral palsy — often caused by oxygen deprivation (hypoxia) during labour or delivery
- Hypoxic-Ischaemic Encephalopathy (HIE) — brain damage resulting from restricted oxygen supply
- Erb’s palsy / brachial plexus injury — arm or shoulder nerve damage, frequently linked to shoulder dystocia mismanagement.
- Shoulder dystocia injuries — harm arising from improper management of obstructed delivery
- Forceps or vacuum extraction injuries — skull fractures, facial palsy, or intracranial bleeding from improper instrumental delivery
- Spinal cord injuries — paralysis or weakness resulting from excessive traction during delivery
- Bone fractures — clavicle or limb fractures caused by excessive force during birth
- Neonatal sepsis — infection caused by failure to screen for or treat Group B Streptococcus or other pathogens
Birth injuries to the mother
Mothers may also suffer significant harm during labour and delivery, including:
- Severe perineal or vaginal tears (third and fourth degree) were not identified or repaired properly.
- Uterine rupture or post-partum haemorrhage not managed in a timely manner.
- Nerve damage caused by delayed or improper delivery
- Untreated pre-eclampsia or eclampsia results in serious complications
- Psychological trauma and PTSD arising from traumatic birth events
Common causes of birth injury negligence in Ireland
Birth injuries resulting from negligence frequently involve one or more of the following failures by clinical staff:
- Failure to adequately monitor the foetal heart rate during labour and respond to signs of distress
- Unreasonable delay in performing an emergency Caesarean section when clinically indicated
- Improper or excessive use of forceps or vacuum extraction devices
- Failure to screen for or treat maternal infection during pregnancy or delivery
- Inadequate antenatal monitoring of high-risk pregnancies
- Failure to manage placental complications, including placental abruption or praevia
- Poor communication between members of the obstetric team, leading to delayed or incorrect decision-making
How to prove a birth injury claim in Ireland
Establishing liability in a birth injury claim requires independent expert medical evidence.
Your solicitor will obtain your complete maternity and obstetric records and engage a specialist, typically an obstetrician, neonatologist, or midwifery expert, to review whether the standard of care was met.
The four legal elements you must prove are:
- Duty of care: The hospital, obstetrician, or midwife owed you and your child a duty of care. This is established as soon as a clinical relationship exists.
- Breach of duty: The care provided fell below the standard of a competent practitioner of equivalent training. Expert testimony is essential.
- Causation: The breach directly caused or materially contributed to the injury. This link between negligence and harm must be established on the balance of probabilities.
- Damage: Your child or you suffered measurable physical, psychological, or financial harm as a result.
Time limits for birth injury claims in Ireland
Time limits for birth injury claims in Ireland differ depending on who was injured.
Under the Statute of Limitations Acts 1957 and 1991, the standard limitation period is two years from the “date of knowledge.” However, special rules apply to children:
- Child injured at birth: The two-year period does not begin until the child turns 18. This means a claim can be brought up until the eve of their 20th birthday.
- Mother’s injury: Two years from the date of the birth or from when the mother became aware that her injury was caused by negligence.
- Father’s psychological injury claim: Two years from the date of the incident.
Even if you are within the time limit, early legal advice is strongly recommended.
Medical records can become harder to obtain over time, witnesses’ memories can fade, and expert evidence can take time to compile. Contact Coleman Legal LLP as early as possible.
What compensation can you claim for a birth Injury?
Compensation in birth injury claims is assessed under two broad categories:
General damages cover the pain and suffering, loss of amenity, and psychological impact experienced by the child and, in appropriate cases, the mother.
For life-altering injuries such as cerebral palsy, general damages can be substantial, reflecting the lifetime impact of the condition.
Special damages cover the quantifiable financial losses caused by the injury. These may include:
- Past and future medical treatment, therapy, and specialist consultations
- The cost of ongoing care and support throughout the child’s life
- Home modifications and specialist equipment (mobility aids, adapted vehicles)
- Educational support, specialist schooling, and therapies (physiotherapy, occupational therapy, speech and language therapy)
- Loss of future earnings for the child and, where applicable, for parents who leave work to provide care
In complex cases involving lifelong care needs, the court may approve a structured settlement with periodic payments, rather than a single lump sum, to ensure funds are available as needs evolve.
The birth Injury claim process: step by step
- Initial consultation: Speak with a Coleman Legal medical negligence solicitor to discuss the facts of your case. We will advise whether you have grounds to proceed.
- Medical records: We obtain your full maternity, obstetric, and neonatal records from the relevant hospital or HSE provider.
- Expert review: An independent specialist reviews your records and prepares a report on whether the standard of care was met and whether any breach caused the injury.
- Letter of claim: We send a formal letter to the hospital, HSE, or their insurers setting out the basis of your claim.
- Resolution: Many birth injury claims are resolved through negotiation and settlement. Where that is not possible, we will represent you in the High Court.
Related practice areas
Medical Negligence Claims in Ireland
Cerebral Palsy Birth Injury Claims
Erb’s Palsy Claim Ireland
Obstetric & Gynaecological Claims
Paediatric Negligence Ireland
Frequently asked questions
What is a birth injury claim in Ireland?
A birth injury claim in Ireland is a legal action taken when a child or mother suffers harm during labour or delivery as a result of substandard medical care.
To succeed, you must show that a duty of care was owed, that it was breached, that the breach caused the injury, and that measurable harm resulted.
How long do I have to make a birth injury claim in Ireland?
For a child injured at birth, the two-year limitation period begins on their 18th birthday, meaning a claim can be brought up until the eve of their 20th birthday.
For a mother’s injury, the two-year period runs from the date of birth or from when she first became aware the injury was caused by negligence.
What types of birth injuries can I claim for?
Birth injury claims can cover cerebral palsy, Hypoxic-Ischaemic Encephalopathy (HIE), Erb’s palsy, shoulder dystocia injuries, forceps or vacuum extraction injuries, spinal cord damage, neonatal sepsis, severe perineal tears in mothers, eclampsia-related complications, and psychological trauma.
The injury must have been caused or contributed to by negligent care.
How much compensation can I receive for a birth injury?
Compensation depends on the nature and severity of the injury, its long-term impact on the child’s life, and the financial losses incurred.
Awards cover general damages (pain and suffering) and special damages (medical costs, therapy, care, home modifications, and loss of earnings).
Serious lifelong injuries such as cerebral palsy can attract significant awards, and structured periodic payment settlements are available in appropriate cases.
Can I make a birth injury claim against an HSE hospital?
Yes. The HSE is responsible for the standard of care in public maternity hospitals across Ireland.
If an HSE hospital or its staff caused harm through negligence, a claim can be brought against the HSE. Claims can also be made against private hospitals and individual clinicians.
What evidence do I need for a birth injury claim?
You will need your full maternity and obstetric medical records, an independent expert medical report confirming that the standard of care was breached and that this caused the injury, and documentation of all financial losses.
Your solicitor will manage the process of obtaining records and engaging expert witnesses.
Can I claim for cerebral palsy caused at birth?
Yes. Cerebral palsy caused by oxygen deprivation during labour or delivery is one of the most common and significant birth injury claims.
If the deprivation occurred due to a failure to monitor, a delayed emergency Caesarean, or another act of negligence, you may have grounds for a claim.
See our dedicated page on Cerebral Palsy Birth Injury Claims for more details.
Does making a birth injury claim affect the care my child receives?
No. Making a legal claim has no bearing on your child’s ongoing medical care.
Healthcare providers are required to treat patients based on clinical need, not legal status.
Your solicitor handles all communications with the healthcare provider’s legal team so your family can focus on your child’s wellbeing.
How long does a birth injury claim take to resolve?
Birth injury claims are complex and typically take several years to resolve, particularly where the child’s long-term prognosis is still being established.
Many cases settle through negotiation before trial. Cases that proceed to the High Court may take longer.
Your solicitor will keep you informed at every stage and work to achieve the best outcome as efficiently as possible.
Can I claim for Erb’s palsy caused during delivery?
Yes. Erb’s palsy arising from excessive traction or mismanagement of shoulder dystocia during delivery is a recognised category of birth injury negligence. See our page on Erb’s Palsy Claims Ireland for detailed information.
