Birth injury compensation claims in Ireland require proving medical negligence caused harm during pregnancy, labor, or delivery, with settlements ranging from €50,000 to several million euros depending on injury severity. Most successful claims involve oxygen deprivation, delayed emergency interventions, or improper use of delivery instruments that result in permanent disabilities like cerebral palsy or brain damage. The Health Service Executive (HSE) handles most birth injury claims in Ireland, with the State Claims Agency managing settlements exceeding €7.8 billion since 2016.
Parents face overwhelming challenges when birth injuries occur. Medical bills accumulate rapidly while families struggle to understand their legal rights. Time limits create additional pressure as parents balance caring for an injured child with pursuing compensation.
In this blog, we will explain how to claim birth injury compensation in Ireland and the step-by-step legal process to maximize your settlement. You will learn about time limits, evidence requirements, calculation methods, and how to choose the right medical negligence solicitor in Dublin.
How to Claim Birth Injury Compensation in Ireland Step-by-Step Process
Birth injury claims follow a structured legal process that begins with expert consultation and ends with either settlement or court judgment. The Personal Injuries Assessment Board (PIAB) typically does not handle medical negligence claims, allowing families to proceed directly through solicitors. Most cases settle within 18 to 36 months, though complex claims involving severe disabilities may take longer.
Get Expert Legal Advice from a Medical Negligence Solicitor
Your first step involves consulting a solicitor who specializes in medical negligence and birth injury claims. General personal injury solicitors lack the specialized knowledge required for complex obstetric cases. Medical negligence solicitors understand hospital protocols, standard care practices, and how to identify breaches in duty of care.
During your initial consultation, bring all medical records, discharge summaries, and correspondence with healthcare providers. The solicitor will assess whether your case meets the legal threshold for negligence. They will explain the difference between poor outcomes and actual negligence, as not all birth injuries result from medical errors.
A specialized solicitor can identify subtle failures in care that general practitioners might miss. They maintain relationships with medical experts who can review your case objectively. This early assessment saves time and prevents pursuing claims that lack merit.
Gather All Relevant Medical and Financial Evidence
Comprehensive evidence forms the foundation of successful birth injury claims. Request complete medical records from all healthcare providers involved in prenatal care, labor, and delivery. These records include CTG (cardiotocography) strips showing fetal heart monitoring, nursing notes, doctor observations, and medication administration records.
Financial documentation proves the economic impact of the injury. Collect receipts for medical treatments, therapy sessions, specialized equipment, home modifications, and travel expenses. Document lost wages if you reduced work hours to provide care. Keep detailed records of all injury-related expenses, no matter how small.
Photographic and video evidence demonstrates the child’s condition and daily care requirements. These materials help medical experts and courts understand the injury’s real-world impact. Organize all documentation chronologically to create a clear timeline of events.
Arrange an Independent Medical Assessment
Independent medical experts provide objective opinions about whether negligence occurred and caused the injury. Your solicitor will engage obstetricians, neonatologists, neurologists, or other specialists depending on the injury type. These experts review medical records, examine the child, and prepare detailed reports.
The expert assessment identifies specific breaches in the standard of care. They explain how proper treatment would have prevented or minimized the injury. Their reports establish the causal link between negligence and harm, which is essential for proving your claim.
Multiple experts may be necessary for complex cases involving several medical specialties. A pediatric neurologist might assess brain damage while an obstetrician evaluates delivery room decisions. These independent opinions carry significant weight in settlement negotiations and court proceedings.
Send a Formal Letter of Claim to the Healthcare Provider
The formal letter of claim notifies the healthcare provider or hospital of your intention to pursue compensation. This document outlines the alleged negligence, identifies the responsible parties, and describes the resulting injuries. Your solicitor drafts this letter using precise legal language that meets procedural requirements.
The letter includes a detailed chronology of events, expert opinions, and the legal basis for the claim. It requests admission of liability and proposes settlement discussions. Healthcare providers typically have three months to investigate and respond to the allegations.
This formal notification triggers the defendant’s obligation to preserve evidence and conduct their own investigation. The response often indicates whether the case will settle or proceed to litigation. Some providers admit liability quickly when evidence is overwhelming, while others contest claims vigorously.
Negotiate a Fair Settlement
Settlement negotiations begin once the defendant responds to your claim. Your solicitor presents evidence, expert reports, and a detailed calculation of damages. The defendant’s insurers typically make initial offers that undervalue claims, hoping families will accept quick settlements.
Experienced medical negligence solicitors understand true claim values and reject inadequate offers. They negotiate aggressively using evidence of similar case outcomes and precedent-setting judgments. Negotiations may involve multiple rounds of offers and counteroffers over several months.
Settlement discussions consider both current and future costs of care. Families must receive compensation that covers lifetime medical needs, therapy, equipment, and support services. Your solicitor ensures the settlement reflects the full extent of damages, not just immediate expenses.
Proceed to Court If No Settlement Is Reached
Court proceedings become necessary when settlement negotiations fail or defendants refuse to admit liability. Your solicitor files a civil claim in the High Court, which handles most medical negligence cases in Ireland. The court process involves discovery, witness statements, expert testimony, and formal hearings.
Litigation extends the timeline significantly, often adding 12 to 24 months to the process. However, court proceedings sometimes motivate defendants to settle as trial dates approach. The threat of public proceedings and potential for higher jury awards creates settlement pressure.
Court judgments can exceed settlement offers when evidence strongly supports your claim. Judges and juries may award substantial damages for severe injuries caused by clear negligence. Your solicitor prepares thoroughly for trial while continuing settlement discussions until the hearing date.
Key Legal Considerations in Birth Injury Claims
Birth injury claims involve complex legal principles that determine whether you can pursue compensation and how much you might recover. Understanding these considerations helps families make informed decisions about their cases. Irish law provides specific protections for injured children while imposing strict requirements on claimants.
Understand the Time Limits for Filing a Claim
The Statute of Limitations sets strict deadlines for filing personal injury claims in Ireland. Adults typically have two years from the date of injury or knowledge of injury to initiate legal proceedings. However, birth injury claims involving children follow different rules that provide extended timeframes.
Children have until their 20th birthday to file birth injury claims, giving families significant time to assess the full extent of injuries. This extended period recognizes that some birth injuries manifest gradually as children miss developmental milestones. Parents can file claims on behalf of minor children at any time before this deadline.
The two-year adult limitation applies to mothers who suffered injuries during childbirth. These maternal injury claims must be filed within two years of the delivery or discovery of the injury. Missing these deadlines typically bars you from pursuing compensation, regardless of negligence severity.
Prove Medical Negligence Caused the Injury
Proving medical negligence requires demonstrating four essential elements that establish legal liability. First, you must show the healthcare provider owed a duty of care, which exists automatically in doctor-patient relationships. Second, you must prove the provider breached this duty by failing to meet accepted medical standards.
The third element involves proving causation—that the breach directly caused the injury. This is often the most challenging aspect, as defendants argue injuries resulted from unavoidable complications rather than negligence. Expert medical testimony becomes crucial in establishing this causal link.
Finally, you must demonstrate actual damages resulted from the negligence. These damages include physical injuries, pain and suffering, medical expenses, and future care needs. Without provable damages, no compensation claim exists even if negligence occurred.
Know What Damages You Can Claim
Irish law divides compensation into general damages and special damages, each covering different aspects of injury-related losses. General damages compensate for pain, suffering, and loss of amenity—the non-economic impacts of injuries. The Book of Quantum provides guidelines for valuing these damages, though birth injury cases often exceed standard ranges.
Special damages cover all quantifiable financial losses including past and future medical expenses, therapy costs, specialized equipment, home modifications, and care expenses. These calculations require detailed evidence and expert projections about lifetime needs. Lost earning capacity represents another significant component when injuries prevent future employment.
Parents can claim compensation for their own psychological injuries resulting from witnessing their child’s suffering. These secondary victim claims require psychiatric evidence demonstrating recognized psychological conditions. The total compensation package must address all current and future needs to ensure adequate support throughout the child’s lifetime.
Common Causes of Birth Injuries in Irish Hospitals
Birth injuries result from various medical errors and failures in standard care protocols during pregnancy, labor, and delivery. Understanding these common causes helps families identify potential negligence in their cases. The Medical Council of Ireland sets professional standards that healthcare providers must follow during obstetric care.
Delayed Diagnosis Errors
Delayed diagnosis of pregnancy complications creates significant risks for mothers and babies. Conditions like preeclampsia, gestational diabetes, and placental problems require prompt identification and management. When healthcare providers miss warning signs or fail to order appropriate tests, complications worsen and cause preventable injuries.
Fetal abnormalities detected late in pregnancy limit treatment options and preparation time. Regular ultrasounds and screening tests should identify most serious conditions early. Delayed diagnosis may result from inadequate prenatal monitoring, misinterpreted test results, or failure to follow up on concerning findings.
Infections during pregnancy pose serious risks when not diagnosed and treated promptly. Group B streptococcus, urinary tract infections, and other maternal infections can cause severe complications if left untreated. Healthcare providers must screen for these conditions and prescribe appropriate antibiotics when necessary.
Improper Use of Forceps
Forceps-assisted deliveries require specialized training and careful technique to avoid injuring the baby. Excessive force, incorrect positioning, or inappropriate use of forceps can cause skull fractures, facial nerve damage, and brain injuries. These instruments should only be used when specific criteria are met and alternative delivery methods have been considered.
Vacuum extraction devices present similar risks when used improperly or for extended periods. Prolonged attempts at instrumental delivery increase injury risks and may indicate the need for emergency cesarean section. Healthcare providers must recognize when instrumental delivery is failing and switch to alternative approaches.
The decision to use forceps or vacuum extraction requires careful assessment of fetal position, maternal anatomy, and labor progress. Using these instruments in inappropriate situations or without proper indication constitutes negligence. Proper documentation of the decision-making process and technique used is essential for quality care.
Failure to Monitor Fetal Distress
Continuous fetal heart rate monitoring during labor identifies signs of distress that require immediate intervention. CTG strips show patterns indicating oxygen deprivation, umbilical cord compression, or other problems. Healthcare providers must interpret these patterns correctly and respond appropriately to concerning changes.
Late decelerations, reduced variability, and prolonged bradycardia signal serious fetal distress requiring urgent action. Delays in recognizing these patterns or responding to them can result in permanent brain damage. Nurses and doctors must maintain vigilant monitoring and communicate concerns effectively within the care team.
Inadequate staffing levels contribute to monitoring failures when nurses cannot provide continuous observation. Hospitals must maintain appropriate staff-to-patient ratios in labor and delivery units. Equipment failures or malfunctions must be identified quickly, with backup monitoring methods implemented immediately.
Oxygen Deprivation at Birth
Hypoxic-ischemic encephalopathy (HIE) results from oxygen deprivation during labor or delivery, causing brain damage that may lead to cerebral palsy, developmental delays, or death. Umbilical cord problems, placental abruption, uterine rupture, and shoulder dystocia can all cause oxygen deprivation requiring emergency intervention.
The timing and duration of oxygen deprivation determine injury severity. Brief periods may cause no lasting harm, while prolonged deprivation results in permanent disabilities. Healthcare providers must recognize risk factors and respond immediately when oxygen deprivation occurs.
Emergency cesarean sections must be performed within specific timeframes when fetal distress indicates oxygen deprivation. The “decision-to-delivery interval” should not exceed 30 minutes in true emergencies. Delays in performing emergency deliveries constitute negligence when they result in preventable brain injuries.
Types of Birth Injuries Eligible for Compensation
Various birth injuries qualify for compensation when caused by medical negligence during pregnancy, labor, or delivery. The severity and permanence of injuries significantly impact compensation amounts. Understanding these injury types helps families recognize potential claims and prepare appropriate evidence.
Cerebral Palsy Claims
Cerebral palsy represents one of the most serious birth injuries, affecting movement, posture, and muscle coordination throughout life. This condition results from brain damage occurring before, during, or shortly after birth. When oxygen deprivation, infections, or traumatic delivery causes cerebral palsy, families may have valid negligence claims.
Cerebral palsy compensation claims in Ireland have reached settlements exceeding €10 million for severe cases requiring lifetime care. These substantial awards reflect the extensive medical needs, therapy requirements, specialized equipment, and full-time care these children require. The Cerebral Palsy Ireland organization provides support services that complement legal compensation.
Proving negligence in cerebral palsy cases requires demonstrating that proper medical care would have prevented the brain damage. Expert neurologists review medical records to identify specific failures in monitoring, diagnosis, or treatment. Not all cerebral palsy cases result from negligence, as some causes are unavoidable despite proper care.
Brain Injury at Birth
Traumatic brain injuries during delivery can result from excessive force, improper use of instruments, or dropping the baby. These injuries range from mild concussions to severe damage causing permanent disabilities. Bleeding in the brain, skull fractures, and contusions may occur when delivery techniques are performed incorrectly.
Hypoxic brain injuries differ from traumatic injuries but can be equally devastating. Prolonged oxygen deprivation kills brain cells, resulting in cognitive impairments, developmental delays, and physical disabilities. The extent of brain damage depends on which areas were affected and how long oxygen deprivation lasted.
Early intervention and therapeutic hypothermia can minimize brain damage when oxygen deprivation is recognized quickly. Failure to provide these treatments when indicated may constitute additional negligence. Compensation for brain injuries must cover extensive rehabilitation, special education needs, and lifetime support services.
Nerve Damage Injuries
Brachial plexus injuries affect the network of nerves controlling arm and hand movement, typically resulting from shoulder dystocia during delivery. Erb’s palsy and Klumpke’s palsy represent different types of brachial plexus damage causing varying degrees of paralysis. These injuries occur when excessive force is applied to the baby’s head and neck during difficult deliveries.
Many brachial plexus injuries resolve with physical therapy within the first year of life. However, severe cases may require surgery and result in permanent weakness or paralysis. Healthcare providers must use proper techniques to manage shoulder dystocia and avoid excessive traction on the baby’s neck.
Facial nerve palsy results from pressure on facial nerves during delivery, often from forceps use. Most cases resolve spontaneously, but permanent facial paralysis can occur with severe nerve damage. Proper forceps technique and appropriate force application prevent most facial nerve injuries.
Bone Fractures at Delivery
Clavicle fractures represent the most common bone injury during delivery, typically occurring during difficult births involving large babies or shoulder dystocia. While these fractures usually heal completely within weeks, they indicate potentially excessive force during delivery. Repeated or multiple fractures suggest improper delivery techniques.
Skull fractures are more serious and may indicate negligent use of forceps or vacuum extraction. These fractures can cause brain damage if bone fragments press on brain tissue. Depressed skull fractures require surgical intervention to prevent permanent neurological damage.
Long bone fractures in arms or legs are rare and typically result from breech deliveries or improper handling. These injuries suggest failure to perform cesarean sections when vaginal delivery poses excessive risks. Proper prenatal assessment should identify situations requiring planned cesarean delivery to avoid traumatic injuries.
How Birth Injury Compensation Is Calculated
Compensation calculations in birth injury cases involve complex assessments of current and future needs, pain and suffering, and financial losses. Irish courts use established principles to ensure fair compensation that addresses all injury-related impacts. Accurate calculations require detailed evidence, expert testimony, and understanding of legal precedents.
General Damages Explained
General damages compensate for non-economic losses including pain, suffering, loss of amenity, and reduced quality of life. These damages recognize the physical and emotional impact of injuries on the child and family. The Book of Quantum provides baseline values, but severe birth injuries typically exceed these guidelines significantly.
Severe brain injuries and cerebral palsy cases have resulted in general damages awards exceeding €500,000 in recent Irish cases. Judges consider injury severity, permanence, impact on daily life, and the child’s awareness of their limitations. Younger children with full awareness of their disabilities may receive higher awards than those with cognitive impairments preventing such awareness.
Pain and suffering calculations account for medical procedures, therapies, and ongoing discomfort the child experiences. Loss of amenity addresses the inability to participate in normal childhood activities, sports, and social interactions. These damages recognize the profound impact birth injuries have on life enjoyment and personal development.
Special Damages Breakdown
Special damages cover all quantifiable financial losses resulting from the injury. Past special damages include medical expenses, therapy costs, equipment purchases, and travel expenses already incurred. Future special damages project lifetime costs for ongoing care, medical treatments, equipment replacement, and support services.
Medical expenses encompass hospital stays, surgeries, medications, specialist consultations, and rehabilitation services. Therapy costs include physical therapy, occupational therapy, speech therapy, and psychological counseling required throughout life. These projections require expert testimony from medical professionals and care planners.
Home modification costs address accessibility needs including ramps, widened doorways, specialized bathrooms, and lift installations. Vehicle modifications enable safe transportation for children with mobility limitations. These expenses can exceed €100,000 for comprehensive home adaptations meeting severe disability needs.
Future Care and Costs
Future care costs represent the largest component of birth injury compensation in severe cases. These calculations project lifetime expenses for personal care assistance, medical treatments, equipment, and support services. Life expectancy assessments determine the timeframe for these ongoing costs.
Full-time care requirements can cost €50,000 to €100,000 annually, depending on care intensity and provider qualifications. Some children require 24-hour nursing care, while others need assistance with daily activities only. Care cost projections must account for inflation and increasing needs as children age.
Lost earning capacity calculations estimate the income the child would have earned if not injured. These projections consider parental education levels, family background, and reasonable career expectations. Severe disabilities preventing any employment result in substantial lost earning capacity awards spanning the child’s working lifetime.
Role of the Injuries Resolution Board in Ireland
The Personal Injuries Assessment Board (PIAB), also known as the Injuries Resolution Board, provides an alternative to court proceedings for many personal injury claims. This state body assesses claims and makes compensation awards without requiring litigation. Understanding PIAB’s role helps families navigate the claims process efficiently.
When Claims Go Through the Board
Most personal injury claims in Ireland must be submitted to PIAB before proceeding to court. The PIAB Act 2003 established this requirement to reduce litigation costs and speed up compensation. Simple injury claims involving clear liability often resolve through PIAB within 9 to 12 months.
PIAB assesses claims based on submitted medical evidence and the Book of Quantum guidelines. Both parties must consent to PIAB’s assessment for it to become binding. If either party rejects the assessment, PIAB issues an authorization allowing the claimant to proceed to court.
The PIAB process costs significantly less than court proceedings, with application fees around €90 compared to substantial legal costs in litigation. However, PIAB’s suitability depends on claim complexity and whether liability is disputed. Simple claims with admitted liability benefit most from PIAB assessment.
When Medical Negligence Is Exempt
Medical negligence claims are exempt from the mandatory PIAB process, allowing families to proceed directly through solicitors to court. This exemption recognizes the complexity of medical negligence cases requiring expert testimony and detailed evidence examination. Birth injury claims fall under this exemption as they involve allegations of medical negligence.
The exemption allows families to engage specialized medical negligence solicitors immediately without PIAB delays. These cases require extensive investigation, multiple expert opinions, and sophisticated legal arguments that PIAB is not equipped to handle. Direct court proceedings ensure appropriate scrutiny of complex medical evidence.
Defendants in medical negligence cases cannot force claimants through PIAB, though they may suggest alternative dispute resolution methods. Mediation and settlement conferences provide opportunities to resolve cases without full trials while maintaining appropriate legal protections. These alternatives offer flexibility while ensuring families receive expert legal representation throughout negotiations.
Choosing the Right Birth Injury Solicitor in Dublin
Selecting an experienced medical negligence solicitor significantly impacts your claim’s success and the compensation you receive. Not all personal injury solicitors possess the specialized knowledge required for complex birth injury cases. Dublin offers several firms with dedicated medical negligence departments, but careful evaluation ensures you choose the right representation.
Experience in Medical Negligence
Medical negligence cases require specialized knowledge of healthcare standards, medical procedures, and obstetric protocols. Solicitors must understand complex medical terminology, interpret clinical records, and identify subtle breaches in care standards. General personal injury experience does not translate directly to medical negligence expertise.
Look for solicitors who dedicate significant practice time to medical negligence cases specifically. Ask about their experience with birth injury claims and outcomes they have achieved. Firms with dedicated medical negligence departments typically maintain relationships with medical experts and understand hospital defense strategies.
Membership in professional organizations like the Law Society of Ireland and specialized medical negligence groups indicates commitment to this practice area. Solicitors who regularly attend medical negligence conferences and training stay current on legal developments and medical advances affecting cases.
Track Record of Successful Claims
Past results provide insight into a solicitor’s ability to maximize compensation and handle complex cases effectively. Ask about recent birth injury settlements and court judgments they have secured. While past results do not guarantee future outcomes, consistent success indicates strong advocacy skills and legal expertise.
Request references from previous clients who pursued birth injury claims. These conversations reveal how the solicitor communicates, manages expectations, and supports families through difficult processes. Client testimonials on firm websites offer additional perspectives on service quality and outcomes.
Solicitors willing to discuss their approach to case preparation, expert selection, and settlement negotiations demonstrate transparency and confidence. They should explain how they calculate claim values and their strategy for maximizing compensation. Avoid solicitors who make unrealistic promises or guarantee specific outcomes.
No Win No Fee Options
No win no fee arrangements, formally called Conditional Fee Agreements, allow families to pursue claims without upfront legal costs. Solicitors receive payment only if they secure compensation through settlement or court judgment. This arrangement eliminates financial barriers preventing families from seeking justice.
Under these agreements, solicitor fees typically range from 25% to 30% of the compensation awarded. The percentage should be clearly stated in the written agreement before you proceed. Some firms cap fees at specific amounts to ensure families retain substantial portions of their awards.
No win no fee arrangements should cover all case expenses including expert fees, court costs, and investigation expenses. Clarify whether you will be responsible for any costs if the claim is unsuccessful. Reputable solicitors absorb these costs in unsuccessful cases, protecting families from financial risk.
What to Expect During the Claims Process
Birth injury claims follow a structured process that can extend from 18 months to several years depending on complexity and whether settlement is reached. Understanding each phase helps families prepare emotionally and practically for the journey ahead. Patience and thorough preparation significantly impact outcomes.
Investigation and Expert Reports
The investigation phase involves comprehensive review of all medical records, witness interviews, and expert consultations. Your solicitor requests complete files from all healthcare providers involved in prenatal care, labor, and delivery. This process can take several months as hospitals compile extensive documentation.
Medical experts review records to identify breaches in care standards and establish causation. They may examine the child to assess current condition and future needs. Expert reports form the foundation of your claim, providing objective professional opinions about negligence and damages.
Multiple experts may be necessary depending on injury complexity. Obstetricians assess delivery room care, neonatologists evaluate newborn treatment, and neurologists examine brain injuries. Care planners project future needs and costs. Each expert provides detailed written reports supporting your claim.
Timelines and Case Duration
Simple birth injury cases with clear liability may settle within 18 to 24 months of engaging a solicitor. Complex cases involving disputed liability or severe injuries requiring extensive expert evidence typically take 3 to 5 years to resolve. Court proceedings add significant time when settlement negotiations fail.
The investigation and evidence gathering phase typically requires 6 to 12 months. Settlement negotiations may span several months with multiple offer exchanges. If court proceedings become necessary, expect an additional 12 to 24 months before trial.
Delays occur when defendants request extensions, additional expert opinions are needed, or court schedules are congested. Your solicitor should provide regular updates on progress and explain reasons for any delays. Patience is essential, as rushing the process may result in inadequate settlements.
Possible Outcomes and Settlements
Most birth injury claims settle before trial, with defendants agreeing to compensation without admitting liability. Settlement offers typically arrive after defendants complete their investigations and assess the strength of your evidence. Initial offers usually undervalue claims, requiring negotiation to reach fair amounts.
Successful birth injury settlements in Ireland range from €50,000 for minor injuries to over €10 million for severe disabilities requiring lifetime care. The specific amount depends on injury severity, future care needs, and strength of evidence proving negligence. Your solicitor should explain how your case compares to similar precedents.
Court judgments may exceed settlement offers when evidence strongly supports your claim. However, trials involve risks as judges or juries may award less than expected or find no liability. Your solicitor will advise whether settlement offers are reasonable or whether proceeding to trial is warranted.
Key Takeaways
- Birth injury claims require proving medical negligence caused harm, with children having until age 20 to file claims in Ireland
- Successful claims demand comprehensive medical evidence, independent expert assessments, and detailed financial documentation
- Compensation includes general damages for pain and suffering plus special damages covering all medical and care costs
- Medical negligence claims bypass PIAB, allowing direct court proceedings through specialized solicitors
- Settlement amounts range from €50,000 to over €10 million depending on injury severity and lifetime care requirements
- Choose solicitors with dedicated medical negligence experience and no win no fee arrangements to eliminate financial barriers
- The claims process typically takes 18 months to 5 years, requiring patience and thorough case preparation
Conclusion
Birth injury compensation claims provide essential financial support for families facing the devastating impact of medical negligence during childbirth. Understanding the legal process, time limits, evidence requirements, and calculation methods empowers you to pursue maximum compensation. The journey requires patience, comprehensive documentation, and expert legal representation to navigate complex medical and legal issues successfully.
Gary Matthews Solicitors specializes in medical negligence and birth injury claims, providing families with experienced advocacy and comprehensive legal support. Our dedicated team understands the emotional and financial challenges families face when birth injuries occur. We work tirelessly to investigate claims thoroughly, engage leading medical experts, and negotiate aggressively for fair compensation.
We offer no win no fee arrangements that eliminate financial barriers to justice. Contact Gary Matthews Solicitors today for a confidential consultation about your birth injury claim. Let us help you secure the compensation your family deserves to provide the best possible care and support for your child’s future.
FAQs
How long do I have to make a birth injury claim in Ireland?
Children have until their 20th birthday to file birth injury claims in Ireland. Parents can initiate claims on behalf of minor children at any time before this deadline. Mothers who suffered injuries during childbirth have two years from the delivery date to file their own claims.
What is the average settlement for a birth injury claim in Ireland?
Birth injury settlements vary significantly based on injury severity, ranging from €50,000 for minor injuries to over €10 million for severe disabilities requiring lifetime care. Cases involving cerebral palsy or permanent brain damage typically result in multi-million euro settlements. Your solicitor can provide estimates based on your specific circumstances and similar case outcomes.
Do I need to go through PIAB for a birth injury claim?
No, medical negligence claims including birth injuries are exempt from the mandatory PIAB process. You can proceed directly through a specialized medical negligence solicitor to pursue your claim. This exemption recognizes the complexity of medical negligence cases requiring expert testimony and detailed evidence examination.
What evidence do I need to prove medical negligence in a birth injury case?
You need complete medical records from all healthcare providers, independent medical expert reports identifying breaches in care standards, evidence proving causation between negligence and injury, and documentation of all financial losses. CTG strips, nursing notes, doctor observations, and medication records are particularly important in birth injury cases.
Can I claim compensation if my child has cerebral palsy?
Yes, if medical negligence during pregnancy, labor, or delivery caused the cerebral palsy. Not all cerebral palsy cases result from negligence, as some causes are unavoidable despite proper care. Independent medical experts must review your case to determine whether negligence occurred and caused the condition.
How much does it cost to hire a birth injury solicitor?
Many birth injury solicitors offer no win no fee arrangements, eliminating upfront costs. Under these agreements, solicitor fees typically range from 25% to 30% of the compensation awarded, paid only if your claim succeeds. All case expenses including expert fees should be covered by the solicitor in unsuccessful cases.
What happens if the hospital denies liability for the birth injury?
If the hospital denies liability, your solicitor will proceed with formal court proceedings to prove negligence. This involves filing a civil claim in the High Court, conducting discovery, obtaining expert testimony, and potentially proceeding to trial. Many cases settle even after initial liability denials once defendants assess the strength of your evidence.
