Birth Injury Claims in Ireland: What Actually Helps Your Family
Author: Gary Matthews, Principal Solicitor and specialist in personal injury and medical negligence, Law Society of Ireland PC No. S8178, 3rd Floor, Ormond Building, 31-36 Ormond Quay Upper, Dublin D07, 01 903 6408,
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Hear Our Client’s Success StoriesSummary: A birth injury claim is a medical negligence case where avoidable mistakes in pregnancy care, labour or newborn care cause harm to a mother or baby. Claims do not go through the Injuries Resolution Board. They are investigated with expert reports and, if needed, brought before the courts. The Judicial Council injury guidelines set benchmark bands for general damages, while long term care needs can make overall awards very high (Judicial Council, 2021)3. For neutral background, the Citizens Information negligence guide explains key civil concepts (Citizens Information, 2025)1.
Medical information disclaimer: This page is written from a legal point of view. It has not yet been clinically reviewed by an independent doctor. It is not medical advice. Always rely on your own consultant, GP or paediatrician for diagnosis and treatment decisions, and use this guide to understand your legal options alongside their care.
Important: This page is general legal information about Irish birth injury claims. It does not replace advice from your own solicitor on your specific case.
Answer card: Birth injury claims in Ireland run outside the Injuries Resolution Board. The core steps are to get medical records, instruct specialist experts, send a detailed letter of claim and, if needed, issue court proceedings. Compensation is valued using the Judicial Council injury bands plus evidence of lifelong care costs (Judicial Council, 2021)3. Helpful sources include the Injuries Resolution Board overview on time limits and exclusions (Citizens Information, 2024)2 and the State Claims Agency catastrophic baby claims review in maternity services (State Claims Agency, 2019)5.
Why choose us for a birth injury claim
Birth injury cases are among the most complex and sensitive claims in Irish law. They often mix dense medical notes, expert reports and difficult family memories. You need a legal team that understands both the law and the reality of life after a serious birth injury.
We focus on personal injury and medical negligence claims and act for clients across Ireland, not just in Dublin. Most of our work can be done by phone, video call and email, so you do not need to travel for every step. We explain each stage in plain English, keep you updated and help you balance legal action with the day to day work of caring for your family.
At the first meeting we look at time limits, your goals and whether a full investigation is likely to help. If we do not think you have a stateable case, we will say so. If we do, we will explain what expert reviews are needed and what they will involve before anything is started.
Birth injury claims at a glance: fast answers
Birth injury claim meaning: a legal case where avoidable mistakes in maternity care cause injury to a mother or baby.
Who handles these claims: specialist medical negligence solicitors and the courts, not the Injuries Resolution Board (Citizens Information, 2024)2.
Key deadline for mothers: usually two years from the date of knowledge that negligence may have caused an injury (Citizens Information, 2024)2.
Key deadline for children: many claims can be issued up to the child twentieth birthday, although early action is still vital.
Contents
What counts as a birth injury claim
A birth injury claim arises where a mother, baby or both suffer harm because of substandard maternity care. The injury can happen during pregnancy, during labour or in the early newborn period. Examples include brain injury from lack of oxygen, shoulder dystocia with nerve damage, severe perineal tears, uterine rupture, uncontrolled bleeding and infection after caesarean section.
Not every difficult birth points to negligence. Some emergencies develop despite careful monitoring and quick decisions. A claim focuses on whether the care fell below accepted standards and whether that failure made a real difference to the outcome. Independent obstetric, midwifery, neonatal and neurology experts help answer that question.
When a bad outcome becomes negligence
Irish negligence law asks whether the health professionals acted as a reasonably competent team would have done in the same situation. For maternity care this usually means asking if staff recognised risk factors, acted on warning signs on the fetal heart trace, escalated to senior doctors at the right time and carried out a timely caesarean or instrumental delivery where needed.
Patterns that often trigger closer review include long delays in acting on abnormal CTG tracings, failure to respond to reduced fetal movements, prolonged labour with strong oxytocin but weak monitoring, missed signs of uterine rupture and delays in resuscitating a newborn with very low Apgar scores or early seizures. In shoulder dystocia cases, experts look closely at whether staff followed accepted manoeuvres to free the shoulder and avoided excessive traction that could damage the brachial plexus nerves.
Duty, breach, causation and damage
Every clinical negligence claim, including birth injuries, rests on four linked questions. The duty question asks if a legal duty of care existed. In maternity care that part is usually clear, because hospitals, doctors and midwives owe a duty to mother and baby.
The breach question asks if the care fell below the standard of a reasonably competent practitioner. Experts look at CTG interpretation, escalation, timing of delivery and newborn care to see if decisions were outside the range of acceptable practice. The causation question asks if that breach probably made the outcome worse than it would have been with proper care. The damage question looks at the actual injuries and losses. Without all four pieces, a claim will struggle even if the experience felt very wrong (Citizens Information, 2025)1.
Quick sense check: could this be negligence
Think back over what happened. Notice whether staff downplayed concerns about reduced movements, severe pain or bleeding. Look at how long staff waited between worrying CTG traces and a decision to move to theatre. Remember whether you were told the birth became an emergency without clear reasons and now feel that things do not add up.
Note if your baby needed urgent resuscitation, cooling treatment in neonatal intensive care or showed very low Apgar scores at one minute and five minutes. Consider whether you or your child have ongoing problems that nobody clearly explained at the time. When several of these points are present, it is usually worth asking a specialist solicitor to arrange an independent review of the care you received.
This sense check cannot prove negligence. It helps you decide whether a deeper legal and medical review could be useful.
When a claim may not be the right step
Sometimes a terrible outcome happens even when staff did everything they reasonably could. For example, a rare complication can appear suddenly with very little warning or a baby may have a serious condition that started long before labour. In those situations, experts may feel that the care stayed within accepted standards, even though the result was life changing.
It can still help to seek answers through open disclosure, complaints or support services, rather than through a legal claim. Part of our role is to tell you honestly when the evidence is unlikely to meet the legal test for negligence, so that you do not carry the extra stress of a long claim that will probably not succeed.
Birth injury claim self-check
You can use these questions as a simple self-check before you speak with a solicitor. They do not replace expert opinion, but they can help you organise your thoughts.
- Did staff ignore or downplay clear warning signs like reduced movements, heavy bleeding or severe pain during pregnancy or labour.
- Was there a long delay between abnormal heart rate traces and moving to theatre for an emergency caesarean section or instrumental delivery.
- Did your baby need urgent resuscitation, cooling therapy or intensive care and do you still feel you never received a clear explanation of why.
If you answer yes to more than one, it is usually worth having your records reviewed by an independent expert team.
Birth injury red flags checklist
Warning signs that may justify a closer legal and medical look
During labour and delivery
- Abnormal CTG or fetal heart rate not acted on for a long period.
- Delayed emergency caesarean despite clear signs of distress.
- Excessive force used with forceps or ventouse.
- Shoulder dystocia not managed with accepted manoeuvres.
- Heavy maternal bleeding not reviewed or escalated quickly.
- Signs of infection in mother or baby dismissed or missed.
After birth, baby
- Very low Apgar scores, especially at five minutes.
- Early seizures or unusual movements in the first hours or days.
- Need for prolonged resuscitation or ventilation after birth.
- Marked stiffness or floppiness compared with other newborns.
- Feeding difficulties without a clear explanation.
- Jaundice that was not monitored or treated when it should have been.
After birth, mother
- Ongoing heavy bleeding or pain that staff did not properly investigate.
- Severe tear or surgical injury only identified long after delivery.
- Signs of infection after caesarean section or instrumental delivery that were not followed up.
- Blood pressure problems or pre-eclampsia not managed according to plan.
Do I have a birth injury claim?
Four questions that experts and solicitors usually look at
1. Is there a serious, lasting injury?
Has the mother or baby been left with a significant physical or psychological injury, disability or long term health problem, not just a short lived scare.
2. Were there concerning events in the care?
Were there red flags such as abnormal CTG traces, long delays, missing staff, repeat complaints that something was wrong or incomplete repairs after a difficult delivery.
3. Could better care have changed the outcome?
This is the causation question. Independent medical experts must decide whether earlier action or different management would probably have avoided some or all of the injury.
4. Are you still within possible time limits?
Adults usually have a two year period from the date of knowledge, while children often have longer in law. A solicitor helps you work out the relevant dates in your situation.
This guide cannot decide your case. It shows the kind of issues a specialist legal and medical team will consider when advising you about a birth injury claim.
Birth injury versus birth defect
A birth injury happens because of events around pregnancy, labour or early newborn care. It involves something going wrong in the care itself, such as a delayed caesarean section or missed monitoring when the baby was in distress.
A birth defect is usually caused by genetic or developmental factors and is present before labour starts. It is not normally linked to errors in care. Negligence may still arise if antenatal or birth care around a known condition falls below accepted standards or if clear warning signs are missed.
Birth injury and birth defect at a glance
How medical and legal teams usually distinguish the two
Birth injury – often preventableWhat it usually involves
Harm linked to events during pregnancy, labour or the early newborn period, where care may have fallen below accepted standards. Examples include delays in acting on abnormal CTG readings, missed signs of uterine rupture or excessive traction during a difficult instrumental delivery.
Typical question: would prompt monitoring, escalation or delivery probably have avoided or reduced the injury.
Birth defect – usually not preventableWhat it usually involves
Conditions that arise from genetic or early developmental factors and are present before labour begins. They are not usually caused by anything staff did or did not do, although management around them can still be reviewed.
Negligence may sometimes arise if a known or detectable condition is not properly monitored, explained or managed during pregnancy or delivery.
Many real cases are complex. Independent experts consider both any underlying condition and the care actually given to see whether avoidable mistakes probably changed the outcome.
Who can bring a birth injury claim
Claims on behalf of the baby. Where a baby is injured, the legal claimant is the child. A parent or guardian usually acts as next friend until the child turns eighteen. Settlements for minors normally require court approval. In serious cases, funds may be managed through court or trust structures so that money lasts across the child lifetime.
Claims for the mother. The mother may have a separate claim for her own physical and psychological injuries. That can include severe tears, pelvic floor damage, loss of fertility, infections, emergency hysterectomy and post traumatic stress. These injuries are valued independently but often managed within the same proceedings as the child case.
Stillbirth and neonatal death claims. Where a baby dies before, during or soon after birth, certain close relatives may have a statutory fatal injury claim. These cases often focus on whether earlier intervention would probably have avoided the death. They can include damages for distress, funeral costs and any financial loss linked to the death. Because they sit at the hardest end of the spectrum, they need sensitive handling and clear advice about what the law can and cannot do.
Other family members and psychiatric injury. In some situations, a partner or other close family member may suffer a recognised psychiatric injury after a traumatic delivery. They may have a claim in their own right if strict legal tests are met. These situations are fact specific and need careful legal advice.
Time limits for mothers and babies
In most Irish personal injury and medical negligence claims, adults have two years from the date of knowledge to start proceedings. That is the date when they first knew, or reasonably should have known, that they suffered a significant injury and that negligence might be involved (Citizens Information, 2024)2. The rule is strict, so working out that date correctly matters.
For mothers, the two year clock often starts close to the birth, or when they first receive a clear diagnosis that links ongoing symptoms to problems during labour or surgery. For children, different rules apply. In many birth injury cases, time does not start to run until the child eighteenth birthday, giving a long window. That does not mean delay is wise. Evidence becomes harder to trace as years pass, and early funds can transform a child early development.
Why early action still matters even with long limits. Delay makes it harder to find staff, retrieve CTG strips and reconstruct what happened on a busy labour ward. Some therapies and supports work best in the early years. Acting early helps your legal team preserve records and helps your child access support when it counts most.
Evidence, expert roles and records
Birth injury claims are evidence heavy. The starting point is the medical record: antenatal notes, CTG traces, labour ward notes, drug charts, operative reports, neonatal intensive care notes and imaging such as MRI brain scans. These show what staff knew, what decisions they took and when they took them.
Under data protection law you have a right to a copy of your records from hospitals and GPs. The Data Protection Commission access guide explains that data controllers must usually respond to access requests within one month, with some scope to extend in complex cases (Data Protection Commission, 2025)11. A solicitor helps you ask for specific items such as CTG strips, obstetric theatre notes and neonatal charts, not just a short discharge summary.
Independent experts then review the records. Typical experts in a birth injury case include an obstetrician, a midwife, a neonatologist and a paediatric neurologist. In catastrophic injury claims, reports from care experts, occupational therapists, educational psychologists, accommodation experts and actuaries are also needed to map out long term needs and costs.
In cases involving hypoxic ischaemic encephalopathy, experts look closely at the timing of any loss of oxygen, whether fetal distress was recognised early enough and whether cooling treatment was started within the usual window in the hours after birth. That can help them decide if earlier delivery or different neonatal care would probably have changed the long term outcome for the child.
Template letter to request your maternity records
You can adapt this template to request your maternity and neonatal records under data protection law. Replace the parts in brackets with your details.
Subject: Data Access Request – Maternity and Neonatal Records Dear Data Protection Officer, I am writing to make a data access request under data protection law. Name: [Your full name] Date of birth: [Your date of birth] Address: [Your address] Hospital number (if known): [Number] Dates of care: [Approximate dates of pregnancy, labour and newborn care] Location: [Name of hospital and unit] I am asking for copies of all personal data relating to my pregnancy, labour, delivery and my baby’s care, including: – Antenatal clinic notes – CTG traces and fetal monitoring strips – Labour ward notes and partogram – Anaesthetic and theatre records – Operation notes for any procedures – Neonatal and intensive care records – Drug and observation charts – Discharge summaries and follow up letters – Radiology and imaging reports (including MRI or CT brain scans) Please provide the records in electronic form if possible. I understand you normally have one month to respond to this request. Yours faithfully, [Your name] [Date]| Expert | Main questions they answer | Why their input matters |
|---|---|---|
| Obstetrician | Whether pregnancy and labour were managed in line with accepted obstetric practice and local guidelines. | Assesses whether the standard of care during pregnancy and labour met the legal test for negligence. |
| Midwifery expert | Whether monitoring, documentation and escalation by midwives were appropriate. | Looks at CTG interpretation, escalation to doctors and hands on care in the labour ward. |
| Neonatologist or paediatrician | Whether newborn care, including resuscitation and cooling, was timely and appropriate. | Links the baby early condition to care decisions and timing. |
| Paediatric neurologist | The likely cause of the child brain injury and long term prognosis. | Connects the injury to events at birth and helps project future needs. |
| Care, therapy and actuarial experts | What care, therapies and equipment will be needed and what they will cost across a lifetime. | Underpins the financial side of the claim so the court can see what the child will need in practical terms. |
Step-by-step claim path
Initial consultation and screening. You speak with a solicitor who specialises in personal injury and medical negligence. You explain the pregnancy, labour and early newborn period, what you were told and what worries you now. The solicitor checks basic time limit issues and whether a full investigation is worth pursuing.
Gathering records and early expert input. Your legal team obtains full records from the hospital, GP and any later treating specialists. These are organised and, where appropriate, anonymised. One or more medical experts provide an initial opinion on whether the standard of care was likely below what should have been provided and whether this probably caused the injury.
Letter of claim and response. If expert opinion supports negligence, a detailed letter of claim goes to the HSE or private provider and any individual clinicians involved. The State Claims Agency, which manages many clinical negligence claims for public hospitals under the Clinical Indemnity Scheme, often handles the defence (NTMA and State Claims Agency, 2025)6. The defendants may admit liability, admit part of it or deny it and obtain their own expert reports.
Proceedings, negotiation and resolution. Where liability is contested or the value of the claim is high, court proceedings are usually issued to protect time limits and move the case forward. Many strong cases settle at settlement meetings or mediation after experts exchange reports. For children, the court must approve any settlement to ensure it is in the child best interests.
Typical birth injury claim timeline
Real cases vary. These stages show how a complex claim often unfolds in practice.
1 First 0-6 monthsInitial advice and record gathering
You speak with a specialist solicitor, set out a timeline and request full maternity and neonatal records. Early expert screening looks at whether there is likely to be a stateable case.
2 Roughly 6-18 monthsDetailed expert work and letter of claim
Multiple experts analyse the records, imaging and your own account. If negligence and causation are supported, your solicitor sends a detailed letter of claim and the defence team obtains its own reports.
3 Around 18-36 monthsProceedings, reports and settlement talks
Proceedings are usually issued to protect time limits. Reports are exchanged, experts may meet and settlement discussions or mediation take place. Many strong cases resolve at this stage.
4 3+ years for some casesApproval hearings and trial if needed
Where liability is heavily disputed, or where interim and final payments are needed over time, the case can run longer and may go to a full trial or to one or more court approval hearings for a child.
How compensation is worked out
General damages. General damages compensate for pain, suffering and loss of enjoyment of life. The Irish courts use the Judicial Council Personal Injuries Guidelines as a starting point, which include bands for minor to catastrophic brain injury, psychiatric harm and serious physical injury (Judicial Council, 2021)3. The guidelines are also listed in the Judicial Council publications area (Judicial Council, 2025)4.
Special damages and future care. Special damages cover past and future financial loss. In a birth injury context this can include home nursing, respite care, therapy, equipment, wheelchairs, communication aids, housing adaptations, transport, extra heating and power costs, and loss of earnings for both the child and parents. These figures often make up the largest part of a catastrophic claim because they extend over many decades.
Judges can depart from the guideline bands where justified. Commentary in Irish legal sources notes that courts tend to pick the highest relevant band for the most serious injury and then uplift that to reflect additional injuries, rather than stacking multiple bands on top of each other. That keeps awards within a structured range while still leaving room for judgment in complex cases.
Did you know, Ireland maternity insights
Irish maternity services are mainly covered by the State Claims Agency under the Clinical Indemnity Scheme. Its review of catastrophic infant claims looked at eighty cases with very severe injury or estimated liability over four million euro (State Claims Agency, 2019)5. Most of those claims arose from events before or during labour rather than the days after birth.
Recent reports also show that mediation features in a growing share of clinical claims, including complex maternity cases, as an alternative to full trial (NTMA and State Claims Agency, 2025)6. That approach can be less stressful for families and may support more open discussions about future care.
State Claims Agency maternity snapshot
| Measure | Figure | Context |
|---|---|---|
| Catastrophic baby claims reviewed | Eighty claims | Five year review of catastrophic birth injury claims in maternity services, covering incidents before or during labour or up to twenty eight days after birth (State Claims Agency, 2019)5. |
| Definition of catastrophic birth injury | Serious disability or estimated liability above four million euro | Used by the State Claims Agency in that review, mainly involving conditions such as cerebral palsy needing lifelong support (State Claims Agency, 2019)5. |
| Incidents before or during labour | Seventy four of eighty claims | Most catastrophic claims in the review arose from events during labour rather than postnatal care (State Claims Agency, 2019)5. |
| Acute obstetric emergencies in these claims | About one in four labours | The review notes that roughly a quarter of the labours in these catastrophic cases involved an acute obstetric emergency such as cord prolapse, placental abruption or uterine rupture (State Claims Agency, 2019)5. |
| Outstanding State Claims Agency portfolio liability | About five point three five billion euro at end 2024 | Annual report extract; clinical negligence, including maternity, forms a major part of this figure (NTMA and State Claims Agency, 2025)6. |
These figures describe concluded and active claims managed by the Agency, not every adverse event in Irish maternity care.
Case law snapshots in Irish birth injury claims
In 2021 the High Court approved a final lump sum that brought the total settlement in the case of Alex Foley, an eleven year old boy with cerebral palsy, to just under twenty million euro after a claim over the circumstances of his birth at Cork University Maternity Hospital (Irish Times, 2021)19. Earlier interim payments had already funded accessible housing and key surgery abroad that improved his mobility (RTÉ News, 2021)21. The case stretched over several years and shows how interim payments can support real life changes while the legal process continues.
In 2023 a twenty five year old woman from Cork, Shauni Breen, settled her action against the HSE over the circumstances of her birth at Wexford General Hospital for a total of about thirty five point two million euro (The Journal, 2023)20. She was one of premature twins and alleged that she should have been delivered by caesarean section much sooner after her sister; the delay was said to have caused avoidable oxygen deprivation and profound neurological disability. Reporting on the case describes it as the largest settlement to date in an Irish personal injuries case alleging injury at birth (The Journal, 2023)20.
These past figures are case specific and do not predict the value of any future case. Irish courts apply the Judicial Council Personal Injuries Guidelines 2021 and decide each claim on its own facts and evidence (Judicial Council, 2021)3.
Real-world example scenarios
Example one, delayed caesarean and brain injury. A first time mother in a busy maternity unit reported reduced fetal movements in the days before labour. During labour the CTG traces later showed repeated decelerations, but there were delays in escalating to senior staff and moving to theatre. An emergency caesarean was eventually carried out. Her baby developed hypoxic ischaemic encephalopathy and later a diagnosis of cerebral palsy. Independent experts said earlier delivery would probably have avoided permanent injury. The parents contacted a solicitor within the first year, expert reports were obtained and the case settled several years later for a lump sum plus staged payments aimed at covering lifelong care.
Example two, missed severe tear and incontinence. A mother suffered a severe perineal tear during a forceps delivery. The tear was not properly recognised or repaired before she left hospital. She developed ongoing incontinence, pain and embarrassment, affecting her ability to work and her relationships. Expert colorectal and obstetric evidence confirmed the tear should have been diagnosed and treated at the time. Her claim focused on loss of quality of life, surgeries, time off work and the cost of ongoing treatment. She first spoke with a solicitor after her GP explained the extent of the tear at a follow up visit.
These examples are based on patterns described in Irish case reports and State Claims Agency reviews. Every case turns on its own facts and expert evidence.
Common mistakes families make in birth injury cases
Waiting until everything is clear. Many parents wait for a final diagnosis before speaking with a solicitor. By then, notes can be harder to obtain, staff harder to trace and early support opportunities missed.
Relying only on internal reviews. Hospital reviews and incident reports can be useful, but they are not independent and they do not decide compensation. A finding of systems failure does not always mean there is no legal case.
Not claiming for the mother. Mothers often focus entirely on the child and forget that their own injuries, pain and post traumatic stress also matter in law. That can leave important support needs unrecognised.
How birth injury claims differ from other injury claims
Road traffic and workplace claims normally go through the Personal Injuries Resolution Board, use standard accident report forms and rely on short medical reports. Most of them are valued directly by the Board using the Personal Injuries Guidelines and only some move on to the courts (Citizens Information, 2024)2. Birth injury claims skip the Board completely and use detailed hospital records, multiple specialist experts and, often, court approval for children settlements. They usually take longer, but they also aim to cover decades of care, not just a once off injury.
Complaints, open disclosure and support
Alongside legal action, some families want answers through the health system itself. The HSE has a feedback and complaints process called Your Service Your Say. You can complain in person, by phone, by email, in a letter or by online form. Guidance is available on the Your Service Your Say page, including contact details for complaints officers (HSE, 2024)8.
The Patient Advocacy Service guide offers step by step support for people who want to raise concerns about HSE care, including template wording and timelines (Patient Advocacy Service, 2024)12. Citizens Information also has a guide on making a complaint about the Health Service Executive and explains what happens at each stage (Citizens Information, 2024)7.
The Patient Safety, Notifiable Incidents and Open Disclosure Act 2023 put parts of open disclosure on a legal footing (Oireachtas, 2023)13. It created a duty to tell patients about a list of serious notifiable incidents and linked those duties to reporting duties for regulators such as HIQA and the Mental Health Commission. A Department of Health page on patient safety legislation explains the aims of the Act in plain language (Department of Health, 2024)14. HSE open disclosure guidance also describes how staff should talk to patients and families after a serious incident (HSE, 2024)15.
Regulators and professional complaints
Sometimes the problem is not the service as a whole but how an individual professional acted. Irish regulators have separate complaint routes. HIQA can receive concerns about the quality and safety of certain health and social care services through its report a concern page (HIQA, 2024)16. The Nursing and Midwifery Board of Ireland deals with complaints about registered nurses and midwives through its complaints section (NMBI, 2024)17. CORU handles complaints about registered health and social care professionals such as therapists and radiographers and describes the process in its how to make a complaint guide (CORU, 2024)18.
If you never get legal advice. Time limits may pass, records may be lost and your child care may depend only on what the State can provide. That can still be helpful, but it is very different from having a ring fenced fund for therapies, equipment and support that follows your child for life.
How we work with your medical team
Legal action should not interfere with your medical care. We encourage all clients to keep attending their own consultants, GPs and therapists and to follow the treatment plans they agree together. Our role is to deal with the legal system and insurers in the background while your doctors focus on diagnosis, treatment and day to day support.
We do not tell doctors how to treat you and we do not ask you to stop engaging with the HSE or other providers. Instead, we help you use your records and expert reports to understand whether the care you received met legal standards and, if not, what can be done about it.
How to start a birth injury claim in Ireland
Estimated effort is about an hour for the first round of calls and requests. You need a basic timeline of events, hospital and GP details and any letters or discharge summaries.
- Write down what happened. Note the key dates, who was present, what you were told and what worries you most now. This preserves your memory while it is fresh.
- Request your records. Send a data access request to the hospital and your GP asking for full maternity, neonatal and imaging records. Keep a copy of the request and any reply.
- Speak with a specialist solicitor. Arrange a consultation with a firm that focuses on personal injury and medical negligence. Ask them to explain time limits and what an initial expert screening will involve.
- Decide on investigation. After an initial review, you and your solicitor decide whether to commission independent medical reports. If the advice is that you have a stateable case, your solicitor will draft and send a detailed letter of claim.
- Plan for the long term. In more serious cases, discuss interim payments, welfare entitlements, housing and school supports early. Legal, medical and social supports can and should run in parallel.
What information we need from you
When you first speak with us, you do not need every detail. It helps if you can tell us roughly when and where the pregnancy and birth took place, the name of the hospital and main consultants, and whether your baby went to neonatal or intensive care. We also like to know when you first started to feel that something about the care was not right.
If you have discharge letters, copies of MRI or scan reports or any letter from the hospital about an internal review, keep them in a safe place and bring them to the first meeting or call. We can then help you decide what further records and expert input are needed. If you do not have any paperwork yet, we can still start by taking a clear timeline from you and showing you how to request your notes.
Key terms in plain English
CTG trace. A continuous heart rate recording during labour that shows how the baby is coping with contractions. Experts use it to see if warning signs were missed.
HIE, hypoxic ischaemic encephalopathy. A type of brain injury caused by lack of oxygen and blood flow. Cooling treatment in the first hours after birth can sometimes limit damage. A plain language overview is available in an open encyclopaedia article on this condition (open encyclopaedia, 2025)10.
Shoulder dystocia. A delivery complication where the baby shoulder gets stuck after the head is born. Staff are expected to use a series of recognised manoeuvres to free the shoulder and avoid pulling too hard on the neck. If the wrong techniques are used, the baby may suffer a brachial plexus nerve injury affecting movement in the arm.
Date of knowledge. The point when you knew, or should have known, that you had a significant injury and that negligence might be involved. It is central to working out limitation dates (Citizens Information, 2024)2.
Clinical Indemnity Scheme. The system under which the State Claims Agency manages most clinical negligence claims against public health providers in Ireland (NTMA and State Claims Agency, 2025)6.
Related terms around birth injury claims
- cerebral palsy medical negligence
- hypoxic birth injury Ireland
- maternal obstetric injury claims
- neonatal intensive care errors
- maternity open disclosure process
Additional resources
The national guide to negligence and compensation in civil cases explains how negligence is defined and how damages are assessed in Ireland (Citizens Information, 2025)1.
Citizens Information also has a guide on making a complaint about the Health Service Executive if you feel you did not receive safe care (Citizens Information, 2024)7.
For insight into how the State views maternity claims, you can read the State Claims Agency review of catastrophic claims relating to babies in maternity services (State Claims Agency, 2019)5.
Expand your knowledge
The Judicial Council publications area includes the full Personal Injuries Guidelines, which Irish courts use to benchmark general damages for different types of injury (Judicial Council, 2025)4.
The NTMA and State Claims Agency annual report extract provides high level figures and commentary on clinical negligence claims managed on behalf of the State (NTMA and State Claims Agency, 2025)6.
A medical overview of hypoxic ischaemic encephalopathy, including causes, diagnosis and outcomes, is available in plain language on an open encyclopaedia resource about hypoxic ischaemic encephalopathy (open encyclopaedia, 2025)10.
Common questions, CX format
How do I know if what happened at birth was negligence
You can only know after experts review your records. Warning signs include prolonged abnormal CTG traces, delays in emergency caesarean section, very low Apgar scores and early seizures or MRI evidence of brain injury. Independent obstetric and neonatal experts compare the care you received with accepted standards and Irish negligence rules before saying whether negligence likely occurred (Citizens Information, 2025)1. A general overview of how civil negligence works is set out in the civil negligence guide and the Irish injury guidelines help courts value harm (Judicial Council, 2025)4.
- Negligence needs both substandard care and proof that this likely changed the outcome.
- Experts read CTG strips, notes and imaging to decide if standards were met.
- Legal tests come from civil negligence rules, not from hospital internal policies alone.
Why it matters: A claim needs clear evidence, not just suspicion, so early expert screening protects you from unnecessary stress if a case is weak.
Next step: Read the Citizens Information negligence guide and then speak with a medical negligence solicitor about getting your records and an expert opinion.
Do birth injury claims go through the Injuries Resolution Board
No. Medical negligence claims, including birth injuries, are excluded from the Injuries Resolution Board process. You generally proceed directly through solicitors and the courts once expert reports support a case. The Injuries Resolution Board guide explains which claim types must use the Board and which are exempt (Citizens Information, 2024)2. Citizens Information also explains how negligence and compensation work more broadly in civil cases (Citizens Information, 2025)1.
- Standard accident claims usually go through the Injuries Resolution Board first.
- Medical negligence, including birth injury, skips that stage and uses the courts.
- Wrong routing can cause delay and confusion about time limits and evidence.
Why it matters: Using the wrong route can waste precious time inside limitation periods and create confusion about what documents are needed.
Next step: Check the Injuries Resolution Board guidance on who must use the Board and who is exempt, then ask a solicitor to map out the correct path for a clinical negligence claim.
How long do I have to bring a birth injury claim in Ireland
Mothers usually have two years from the date of knowledge. Many children claims can be brought up to their twentieth birthday. The exact dates depend on when the injury and the possible role of negligence became clear in your situation (Citizens Information, 2024)2. The Injuries Resolution Board overview and the civil negligence guide both explain how limitation periods work in practice (Citizens Information, 2024; 2025)21.
- Adults usually have a two year limitation period based on date of knowledge.
- Children often have much longer, but evidence still fades with time.
- Complex cases often need early expert input long before the deadline.
Why it matters: Missing a limitation date can end a strong claim before it starts, no matter how serious the injury is.
Next step: Use the explanation of limitation periods in the Injuries Resolution Board overview as a starting point, then get personalised advice from a solicitor as soon as you can.
Why are Irish birth injury awards sometimes very high
Catastrophic birth injuries often mean lifelong care, specialist equipment and lost earnings over many decades. General damages follow the Judicial Council injury bands, but special damages for future care and support can far exceed the pain and suffering figure (Judicial Council, 2021)3. State Claims Agency reports show how large these liabilities can be for the public system (NTMA and State Claims Agency, 2025)6.
- General damages cover pain and suffering within guideline bands.
- Special damages cover care, therapy, equipment and housing over a lifetime.
- Catastrophic child injuries can lead to very large overall awards.
Why it matters: Headline figures reflect the cost of meeting real needs, not a windfall, so families can think about long term planning without guilt.
Next step: Review the Personal Injuries Guidelines for brain and catastrophic injury bands and compare them with the State Claims Agency catastrophic baby claims review to understand how courts and the State view these cases.
How do I get my maternity and neonatal records
You can make a data access request under data protection law to the hospital and your GP, asking for full maternity, theatre, neonatal and imaging records. The Data Protection Commission explains in its access request guide that organisations must usually respond within one month of receiving a request, with limited scope to extend (Data Protection Commission, 2025)11. Template wording and support are also available from the Patient Advocacy Service (Patient Advocacy Service, 2024)12.
- Data protection law gives you a right to see your health records.
- You can and should ask for CTG strips, theatre notes and neonatal charts.
- Keeping copies of your requests and replies helps your legal team.
Why it matters: Without records, experts cannot safely say whether negligence occurred or whether the outcome was unavoidable.
Next step: Follow the Commission guidance on access requests and ask your solicitor to help phrase a detailed request that lists CTG traces, delivery notes and neonatal charts.
Should I complain to the hospital before starting a claim
You can, but you do not have to. The HSE complaints process can provide explanations or apologies, but it does not award compensation and does not stop legal time limits from running. The Your Service Your Say page explains how to complain to the HSE (HSE, 2024)8. The Patient Advocacy Service guide encourages people to think about time limits in parallel with any complaint (Patient Advocacy Service, 2024)12.
- Complaints can lead to explanations, apologies and some changes in practice.
- They do not provide compensation or stop legal time limits.
- You can run a complaint and a legal claim in parallel.
Why it matters: Relying on a complaint alone can leave you out of time for a legal claim, even if the hospital admits serious mistakes.
Next step: Read the guide on complaining about the HSE and the Your Service Your Say page, then speak with a solicitor about running both processes in parallel.
Will my birth injury case end up in court
Many strong cases settle after experts exchange reports and before a full trial. Some still need a court hearing, especially for children settlement approval or where liability and causation are strongly disputed. The Courts Service explains that most civil cases resolve before a full hearing and describes the different court levels and processes on courts.ie (Courts Service of Ireland, 2025)9. Public legal guides on negligence also note that many civil claims settle without a full trial (Citizens Information, 2025)1.
- Most clinical negligence cases settle without a full trial.
- Child settlements usually need court approval even when agreed.
- A small minority go to a full trial where a judge decides everything.
Why it matters: Understanding the likely path helps the process feel more manageable and less frightening for families.
Next step: Look at how civil cases are handled on the official courts website and ask your solicitor to explain which court tier your case would sit in.
Can both my baby and I claim from the same birth
Yes. The child claim covers their injuries and future needs. The mother claim covers her own physical and psychological harm. They are separate in law but usually managed together so that expert evidence and court time are used efficiently. Public legal guidance on negligence also notes that more than one person can be affected by the same negligent act (Citizens Information, 2025)1. The Courts Service explains how settlements for children are usually approved by a judge to protect the child best interests (Courts Service of Ireland, 2025)9.
- The child claim belongs to the child, with a parent usually acting as next friend.
- The mother can have a separate claim for her own injuries and trauma.
- Both sets of injuries should be raised early with your solicitor.
Why it matters: Many mothers do not realise they may have a claim as well as their child and so leave real injuries unrecognised.
Next step: Raise both sets of injuries at your first legal consultation so they can be assessed and valued properly, and ask how the claims would be separated in any settlement.
Do I need a specialist medical negligence solicitor
It is not a legal requirement, but medical negligence cases are complex, slow and expert driven. Most families use a solicitor who regularly runs clinical claims rather than trying to manage them alone. Public legal guides on civil negligence also suggest getting legal advice in complex cases where specialist evidence is needed (Citizens Information, 2025)1. The Legal Services Regulatory Authority explains the role and regulation of solicitors in Ireland on its information pages (LSRA, 2025)22.
- Medical negligence claims involve dense records, experts and long timeframes.
- Specialist solicitors usually have systems for managing complex evidence.
- Experience helps avoid missed deadlines and weak instructions to experts.
Why it matters: One missed deadline or poorly framed expert query can damage a strong case, so experience and systems make a real difference.
Next step: Check that your solicitor has a clear focus on personal injury and medical negligence and ask them to describe recent similar work they have done.
Get legal help with a birth injury claim
If you think negligence during pregnancy, labour or newborn care may have harmed you or your child, you do not have to work out the legal position alone. We can help you understand whether a claim is worth investigating, what expert input would be needed and how long the process is likely to take.
We act for clients across Ireland and can meet in person in Dublin or by phone or video call wherever you are based. During the first consultation we listen to your story, check basic time limit issues and outline a clear plan. There is no obligation to proceed if you decide that legal action is not right for you at this time.
To talk about your situation, you can call us on 01 903 6408 or use the contact form on our site to request a call back at a time that suits you.
About Gary Matthews
Gary Matthews is the principal solicitor of Gary Matthews Solicitors and has focused on personal injury and medical negligence work for many years. He holds a practising certificate from the Law Society of Ireland, number S8178, and has represented clients in complex injury cases in the Irish courts.
Gary aims to make the legal process as clear and manageable as possible for families who are already dealing with the strain of a serious injury. His team uses plain English, regular updates and structured case plans so that you always know what stage your case is at and what will happen next.
Next in this series
Cerebral Palsy Claims in Ireland, linking early brain injury to lifelong support.
Hypoxic Ischaemic Encephalopathy and cooling, when delays become negligence.
Maternal birth injury claims, tears, pelvic damage and missed recovery options.
If you are at an early stage of thinking about a birth injury claim, you may also want to read our plain English guides on the medical negligence legal process, time limits for medical negligence in Ireland, how medical negligence compensation is calculated and how medical expert reports work in practice. This birth injury page is the hub. Those pages dive deeper into specific parts of the legal picture without repeating everything here.
Sources and references
1 Citizens Information, Negligence and compensation in a civil case, citizensinformation.ie, accessed November 2025. 2 Citizens Information, Injuries Resolution Board, citizensinformation.ie, updated 2024. 3 Judicial Council, Personal Injuries Guidelines, judicialcouncil.ie, 2021. 4 Judicial Council, Publications, judicialcouncil.ie, accessed November 2025. 5 State Claims Agency, Claims review report, catastrophic claims relating to babies in maternity services, stateclaims.ie, review period 2015-2019. 6 NTMA and State Claims Agency, State Claims Agency Annual Report 2024, clinical claims and outstanding liability, ntma.ie, 2025. 7 Citizens Information, Making a complaint about the Health Service Executive, citizensinformation.ie, 2024. 8 Health Service Executive, Complaints and feedback, Your Service Your Say, hse.ie, updated 2024. 9 Courts Service of Ireland, Courts.ie, information on civil court structures and procedures, courts.ie, accessed November 2025. 10 Hypoxic ischaemic encephalopathy, open encyclopaedia article, en.wikipedia.org, accessed November 2025. 11 Data Protection Commission, How long does an organisation have to respond to my access request, dataprotection.ie, accessed November 2025. 12 Patient Advocacy Service, Step by step guide to making a complaint, patientadvocacyservice.ie, accessed November 2025. 13 Oireachtas, Patient Safety, Notifiable Incidents and Open Disclosure Act 2023, irishstatutebook.ie, 2023. 14 Department of Health, Patient safety legislation and advocacy, gov.ie, accessed November 2025. 15 Health Service Executive, Open disclosure guidance linked to the Patient Safety Act, healthservice.hse.ie, updated 2024. 16 Health Information and Quality Authority, Report a concern or give feedback, hiqa.ie, accessed November 2025. 17 Nursing and Midwifery Board of Ireland, Complaints about nurses or midwives, nmbi.ie, accessed November 2025. 18 CORU, How to make a complaint, coru.ie, accessed November 2025. 19 Irish Times, Boy with cerebral palsy settles High Court action for almost twenty million euro, irishtimes.com, 2021. 20 The Journal, 25-year-old Cork woman settles birth injuries case for total of €35.2 million, thejournal.ie, 2023. 21 RTÉ News, Final settlement for boy with cerebral palsy brings total to almost twenty million euro, rte.ie, 2021. 22 Legal Services Regulatory Authority, Information about the role of solicitors and the regulation of legal services, lsra.ie, accessed November 2025.Medical negligence solicitors, Dublin
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