Birth Injury Negligence Claims in Ireland: What Families Should Know

A birth injury can have a profound and lasting effect on a child and their family. Where it may have been caused by negligent care, families understandably want to understand their position. This article explains, in general terms, how birth injury negligence claims work in Ireland. It is general information only and not legal advice; whether any individual case has merit depends on the records and on independent expert evidence.

Injuries that can give rise to a claim

Birth injury claims can involve cerebral palsy and other forms of brain injury associated with oxygen deprivation, Erb's palsy arising from a mismanaged shoulder dystocia, and serious injuries to the mother. Importantly, not every difficult birth or adverse outcome involves negligence. The question is whether the care fell below the standard of a reasonably competent practitioner and whether that failure caused the injury.

How a claim is investigated

A claim begins with obtaining the full maternity and neonatal records, which are then reviewed by independent experts in the relevant fields. Establishing both breach of duty and causation in birth injury cases is complex and requires careful expert input. You can read more about how negligence is proven.

Time limits for children

Special rules apply where the injured person is a child. In general, the limitation period does not begin to run until the child's 18th birthday, although a parent or guardian can bring a claim on the child's behalf before then. Because evidence is best secured early, it is sensible to take advice without delay. You can get an indicative date using our claim time-limit checker.

Long-term needs

Where a serious birth injury results in lifelong needs, the law recognises the importance of providing for future care, therapies, equipment and support. In catastrophic injury cases the courts can, in appropriate circumstances, make periodic payment orders under the Civil Liability (Amendment) Act 2017, which provide for ongoing annual payments rather than a single lump sum. How any individual case is approached depends entirely on its facts and the supporting expert evidence.