The arrival of a new baby is a time of immense joy and hope. Yet, when complications arise during childbirth, this precious moment can become a source of profound trauma and uncertainty for families. A birth injury can cause not only physical and emotional harm to a mother and baby but also create a lifetime of challenges.
Understanding what constitutes a birth injury and knowing your rights is the first step toward finding answers and securing the future for your family. This guide is here to offer clarity and support during an incredibly difficult time. We will walk you through the complexities of birth injury claims, explaining the process with the care and sensitivity you deserve.
What Is a Birth Injury Claim?
Childbirth does not always go as planned. While medical professionals are highly trained to manage complications, there are instances where the standard of care falls short. A birth injury claim arises when harm is caused to a mother or baby due to substandard medical care that could have reasonably been avoided.
It is important to distinguish between an unavoidable complication and an injury caused by medical negligence. Not every adverse outcome is the result of an error. However, if a medical professional’s action—or inaction—directly leads to a preventable injury, you may be entitled to make a claim for compensation.
Birth Injury vs. Birth Defect
It is also crucial to understand the difference between a birth injury and a birth defect.
- Birth Defect: This is a congenital disorder, meaning a condition or illness that develops while the baby is still in the womb. It is not caused by events during labour or delivery.
- Birth Injury: This is harm that occurs during or immediately after the delivery process. It is often the result of trauma or complications that were not managed correctly.
In some cases, the lines can blur, but a birth injury claim specifically addresses harm caused by the care provided during the birthing process.
When Can a Birth Injury Claim Arise?
Medical negligence can occur at any stage of pregnancy and childbirth. Understanding where and how these failures happen is key to identifying if you have a potential claim.
During Antenatal Care (Before Birth)
Proper antenatal care is designed to monitor the health of both mother and baby and to identify potential risks early. Failures at this stage can include:
- Failing to perform regular check-ups and essential tests.
- Missing key symptoms or misinterpreting test results.
- Not managing conditions like gestational diabetes or pre-eclampsia correctly.
- Failing to recognise and manage issues like placental abruption.
- Not referring a high-risk pregnancy to a specialist consultant.
During Labour
The hours during labour are critical. Constant monitoring is required to ensure the safety of both mother and baby. Negligence can involve:
- Failure to correctly interpret a CTG trace, which monitors the baby’s heart rate.
- Misuse of medications used to induce or speed up labour.
- Not treating infections like Group B Streptococcus.
- Failing to act appropriately during a prolonged labour or in response to a uterine rupture.
During Delivery
The final stage of birth requires immense skill and decisive action from the medical team. Errors during delivery can have devastating consequences.
- Failing to perform a timely Caesarean section when necessary.
- Injuries caused by the improper use of forceps or vacuum extraction.
- Mismanagement of shoulder dystocia (when the baby’s shoulder gets stuck).
- Causing internal organ damage to the mother during a C-section.
- Poorly repaired episiotomies or missed third and fourth-degree tears.
During Postnatal Care (After Birth)
The duty of care continues after the baby is born. Negligence in the postnatal period can include:
- Failure to diagnose or treat jaundice or hypoglycaemia in the newborn.
- Incompetent management of ventilation for a sick baby.
These failures can lead to a range of devastating conditions, from physical injuries like Erb’s Palsy (nerve damage in the arm and shoulder) to life-altering neurological conditions like Cerebral Palsy.
The Process of Making a Birth Injury Claim
The thought of legal action can be daunting, especially when you are caring for a child with complex needs or recovering from a traumatic birth experience yourself. An experienced solicitor will guide you through each step with compassion and expertise.
- Initial Consultation: The first step is to speak with a specialist medical negligence solicitor. They will listen to your story with care and help you understand if you have grounds for a claim.
- Gathering Medical Records: Your solicitor will obtain all relevant medical records for both you and your baby. This includes antenatal notes, labour and delivery records, and postnatal reports.
- Engaging Medical Experts: These records will be reviewed by independent medical experts, usually from the UK, who specialise in obstetrics, paediatrics, or other relevant fields. They will provide a professional opinion on two key questions:
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- Did the care provided fall below an acceptable standard (a breach of duty)?
- Did this breach of duty directly cause the injury?
- Letter of Claim and Court Proceedings: If the experts conclude that medical negligence occurred, your solicitor will draft a formal Letter of Claim to the hospital or medical professionals involved. Due to strict time limits, it is often necessary to initiate court proceedings at this stage to protect your claim.
- Negotiation and Resolution: What happens next depends on the response. The case may be settled through negotiation, or it may proceed through the court system.
We understand this process can seem overwhelming. A dedicated legal team will be there to support you every step of the way, ensuring you are informed and comfortable with each decision.
Understanding the Time Limits
It is vital to be aware of the strict time limits for making a medical negligence claim in Ireland.
- For the Mother: An mother who has been injured has two years from the date of the negligence to make a claim.
- For the Child: A claim can be made on behalf of a child at any time before their 18th birthday. Once the child turns 18, they have until their 20th birthday to bring a claim themselves if one has not already been made.
- In Cases of Fatality: If a mother or child has tragically passed away as a result of a birth injury, the family has two years from the date of death to make a claim.
Because of these deadlines, it is crucial to seek legal advice without delay if you suspect something went wrong.
Birth Injury Compensation: Securing Your Child’s Future
Compensation in a birth injury case is not about assigning blame; it is about providing the financial security needed to ensure the best possible quality of life for your child and your family.
A settlement can cover a wide range of needs, including:
- Past and future medical expenses and therapy costs.
- Specialist equipment, such as mobility aids.
- Modifications to your home to accommodate your child’s needs.
- Compensation for pain and suffering.
- Loss of earnings for parents who have to provide care.
This financial support can make a profound difference, relieving pressure on the family and enabling access to the best possible care, treatment, and support for your child, both now and in the future.
Finding the Right Support
Pursuing a birth injury claim requires more than just legal knowledge; it demands deep empathy, sensitivity, and a commitment to fighting for your family’s future. Choosing a solicitor with proven experience in this highly specialised area is essential.
If you believe your family has been affected by a birth injury, please know that you are not alone. Taking the first step to seek advice is a brave and important one. A compassionate legal expert can help you find the answers you seek and secure the justice your family deserves.
This article is written by Áine McSweeney, a dedicated and experienced solicitor at HOMS Assist. With a strong background in personal injury and medical negligence law, Áine is committed to providing clear, compassionate, and expert legal guidance to clients during difficult times.
