Stillbirth Due to Negligence Claims in Ireland: Your Rights and How to Claim
Author: Gary Matthews, Principal Solicitor, Law Society of Ireland PC No. S8178 · 3rd Floor, Ormond Building, 31–36 Ormond Quay Upper, Dublin D07 · 01 903 6408 ·
In Ireland, parents whose baby was stillborn due to substandard maternity care can bring a medical negligence claim directly to the High Court. The claim bypasses the Injuries Resolution Board entirely under s.3(d) of the PIAB Act 2003. You have two years from your date of knowledge to bring your claim under the Statute of Limitations (Amendment) Act 1991, s.2. That clock often starts not on the day of the stillbirth but later, when you receive medical records or an expert report confirming substandard care.
This information is for educational purposes only and does not constitute legal advice. Every case is different and outcomes vary. Consult a qualified solicitor for advice specific to your situation. *In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Could you have a stillbirth negligence claim? (Self-assessment)
This is general guidance only, not legal advice. Answer each question to see whether your situation may warrant a solicitor's assessment.
1. Did the stillbirth happen in the Republic of Ireland?
2. Was the baby at 23 or more weeks of gestation, or did the baby weigh 400 grams or more?
3. Do you believe the maternity care you received fell below the standard you would expect from a competent hospital?
4. Has it been less than two years since you first learned (or reasonably should have learned) that negligence may have caused or contributed to the stillbirth?
5. Was the care provided by a hospital, consultant, midwife, or GP (whether public or private)?
Contents
What is the legal definition of stillbirth in Ireland?
A stillbirth in Ireland is a baby born with no signs of life at 23 or more weeks of gestation, or with a birth weight of at least 400 grams. This definition changed on under the Civil Registration (Electronic Registration) Act 2024. Before that date, the threshold was 24 weeks or 500 grams under the Stillbirths Registration Act 1994.
The change matters for two reasons. First, more families now qualify for maternity leave, paternity leave, and the right to register their baby's birth. If your baby is stillborn, you are entitled to 26 weeks' maternity leave and may qualify for Maternity Benefit. The other parent is entitled to 2 weeks' paternity leave and Paternity Benefit if they have enough PRSI contributions. Second, the new Act created a public database called the Record of Stillbirths, separate from the private Register of Stillbirths. Parents can apply to the General Register Office at StillBirthRecords@welfare.ie to have their baby's entry recorded in the public database for the first time. According to the CSO Vital Statistics Annual Report 2023, 108 stillbirths were registered that year at a rate of 2.0 per 1,000. The UCC Pregnancy Loss Research Group reports a higher rate of 3.51 per 1,000 based on notification data, reflecting significant non-registration.
When is a stillbirth caused by medical negligence?
A stillbirth becomes a negligence claim when a healthcare provider's failure to meet accepted standards of care directly caused or materially contributed to the baby's death. Not every stillbirth involves negligence. Some result from unavoidable conditions such as chromosomal abnormalities or unexplained placental failure. The claim arises when the death was preventable with competent care.
According to the State Claims Agency 2024 annual report (NTMA), maternity claims represent over half of the SCA's total outstanding clinical liability, exceeding three billion euro. The SCA's review of catastrophic baby claims found that staff failed to interpret or recognise abnormal CTG traces in more than 60% of the claims examined, and 77% involved a delayed delivery.
The clinical failures that most commonly give rise to stillbirth claims in Ireland fall into four categories:
| Stage | Failure | What should have happened |
|---|---|---|
| Antenatal monitoring | Failure to detect intrauterine growth restriction (IUGR) or missed anomaly on scan | Serial growth scans and timely referral to a specialist when measurements fall below expected range |
| Fetal distress in labour | Misinterpretation of CTG traces or failure to act on reduced fetal movements | Correct CTG classification, escalation to a senior obstetrician, and emergency intervention when needed |
| Delayed intervention | Unjustifiable delay in performing emergency caesarean section when hypoxia is evident | Decision-to-delivery within the timeframe required by the clinical circumstances |
| Maternal conditions | Failure to diagnose or treat pre-eclampsia, gestational diabetes, placental abruption, or Group B Streptococcus infection | Screening, monitoring, and treatment according to current clinical guidelines |
A detail that catches many families off guard: the SCA review also found that 43% of the cases involved labour that was accelerated using synthetic oxytocin (Syntocinon), artificial rupture of membranes, or both. Inappropriate acceleration of labour without adequate monitoring is a recurring pattern in Irish maternity claims. These patterns are not isolated. The same failures (CTG misinterpretation, delayed delivery, and inappropriate acceleration) were first identified in the HIQA investigation into maternity services at Portlaoise Hospital in 2015, and the SCA's 2025 review confirmed they continue to recur across multiple maternity units nationwide.
Reduced fetal movements: the most common failure pattern
The single most common scenario in Irish stillbirth claims involves a mother reporting reduced fetal movements and hospital staff failing to investigate properly. When a mother reports reduced movements after 24 weeks, the standard of care requires a CTG trace within a clinically appropriate timeframe. If the trace shows abnormalities, the standard requires escalation to a senior obstetrician and, where fetal compromise is suspected, delivery. In claims that reach the SCA, the recurring pattern is verbal reassurance without a documented CTG, or a CTG that was performed but misclassified as normal when it showed pathological features. The gap between what should have happened and what did happen forms the core of the negligence claim.
How do the Dunne Principles apply to stillbirth claims?
Every stillbirth negligence claim in Ireland is assessed against the Dunne Principles, established by the Supreme Court in Dunne v National Maternity Hospital [1989] IR 91 and reaffirmed in Morrissey v HSE [2020] IESC 6 (courts.ie). The test asks whether the medical professional was guilty of a failure that no practitioner of equal specialist skill, acting with ordinary care, would have been guilty of.
The strongest stillbirth claims typically involve failures so clear that no competent obstetrician would defend them: ignoring a pathological CTG trace for hours, failing to act when a mother reports absent fetal movements, or delaying an emergency section when signs of acute hypoxia are recorded in the notes. For a detailed explanation of how Irish courts assess the duty of care, see our breach of duty guide.
Why clinical guidelines don't automatically prove negligence
The High Court clarified an important point in Perez v Coombe Women and Infants University Hospital [2025] IEHC. Ms Justice Egan held that clinical guidelines, including the Irish Maternity Early Warning System (IMEWS) and RCOG protocols, are guidance tools rather than mandatory regulations. A consultant who departs from a guideline is not automatically negligent if their clinical judgment is supported by a credible body of medical peers. This ruling, reported by Mason Hayes & Curran (December 2025), reinforces that simply pointing to a breached protocol is not enough. Your solicitor needs an independent expert who can testify that the departure was so unreasonable that no competent practitioner would have followed the same course.
Causation: the "but for" test in stillbirth claims
Proving a breach of duty is only half the battle. Your legal team must also prove causation: that "but for" the hospital's specific failure, your baby would have been delivered alive. Causation is the most fiercely contested element in obstetric claims because defence experts will argue that the outcome may have been the same regardless of the care provided. Your independent expert must demonstrate, on the balance of probabilities, that competent intervention at a specific point in time would have changed the result. For a fuller explanation, see our causation in medical negligence guide.
Key Irish case law for stillbirth claims
Dunne v National Maternity Hospital [1989] IR 91 (Supreme Court). The Supreme Court established the six Dunne Principles: a doctor is not negligent unless guilty of a failure that no practitioner of equal skill, acting with ordinary care, would commit. Every stillbirth claim in Ireland is assessed against this test.
Perez v Coombe Women and Infants University Hospital [2025] IEHC (High Court). The Court held that clinical guidelines are guidance tools, not mandatory regulations. Imperfect record-keeping during acute obstetric emergencies does not automatically prove negligence. Hospitals will rely on this ruling to defend departures from protocol, so your expert must show the departure was indefensible, not just irregular.
What does the Patient Safety Act 2023 mean for your claim?
Since , an unanticipated and unintended stillbirth is classified as a mandatory notifiable incident under Schedule 1 of the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (Act 10 of 2023). Schedule 1.10 applies where the child was born without a fatal foetal abnormality, had achieved a prescribed gestational age or birthweight (defined by SI 501/2024 as 23 weeks or 400 grams), and the death arose from any cause related to or aggravated by the management of the pregnancy. The hospital is legally required to hold a formal open disclosure meeting with the parents. Non-compliance is a criminal offence under Section 77 of the Act.
The critical point that most families misunderstand is what we call the Inadmissibility Paradox: an apology given during open disclosure does not bar your claim, but it cannot be used to prove your claim either. Section 10 of the Act provides that any information shared or apology offered during the mandated meeting is legally inadmissible as an admission of fault in civil proceedings. The hospital's transparency gives you a clearer picture of what happened, but your solicitor must independently build the evidence through medical records requests and commissioned expert reports. The Inadmissibility Paradox means the apology and the claim operate on two legally separated tracks.
The open disclosure meeting is not your case. The Inadmissibility Paradox means the meeting provides context but cannot serve as evidence. An independent expert obstetric report remains the single most important piece of evidence in any stillbirth claim. If you received an apology, that is a signal to seek legal advice promptly, not a reason to delay.
Can the father or partner make a separate claim?
Yes. Both parents can bring claims, but through different legal routes. The mother's claim covers her own physical and psychological injuries. The father or partner can bring a separate claim for psychiatric injury under the doctrine of "nervous shock" established by the Supreme Court in Kelly v Hennessy [1995] 3 IR 253.
To succeed, the father or partner must prove five elements: a medically recognised psychiatric illness (such as PTSD or severe adjustment disorder, not ordinary grief), that the illness was shock-induced by a sudden traumatic event, that the shock was caused by the hospital's negligence, that it arose from actual or apprehended physical injury to the mother or baby, and that the hospital owed a duty of care not to cause foreseeable psychiatric injury. Irish courts have applied these criteria in maternity contexts, including Devlin v National Maternity Hospital, which addressed parental psychiatric injury following stillbirth and unauthorised organ retention.
There is a statutory difficulty here that most guides ignore. Under Section 49 of the Civil Liability Act 1961, dependants of a deceased person can claim a fixed solatium (capped at thirty-five thousand euro total, shared among all dependants). However, Irish law only recognises civil wrongs in relation to a person born alive. Because an unborn baby does not have the legal standing of a living person under Section 49, parents cannot claim the automatic solatium after a stillbirth. Fathers and partners are therefore forced to clear the higher bar of proving a recognised, shock-induced psychiatric illness to secure compensation for their suffering.
What evidence do you need for a stillbirth negligence claim?
The foundation of every stillbirth claim is the complete maternity file, the post mortem report, and an independent expert opinion from a consultant obstetrician. Without these three elements, no solicitor can properly assess whether negligence occurred.
Your solicitor will request the full medical records from the hospital under data protection law (GDPR). The maternity file includes antenatal visit notes, ultrasound images, blood test results, CTG traces, partogram, labour ward notes, and all entries by midwives, registrars, and consultants. Time-sensitive evidence such as electronic CTG recordings can be overwritten or degraded. Request your records within weeks, not months. If several years have passed, your records should still exist: HSE policy requires maternity records to be retained for 25 years.
The timing matters more than most guides suggest: Ireland's obstetric community is small. Consultant obstetricians often know each other professionally. Independent expert reports in stillbirth cases are frequently sourced from specialists in the UK or mainland Europe to avoid conflicts of interest. The cost and logistics of this are factors your solicitor will manage. For detailed guidance on records, see our medical records request guide.
How does the post mortem process work after a stillbirth in Ireland?
Under the Coroners (Amendment) Act 2019, all stillbirths must be reported to the local coroner. Post mortem examination and inquest remain at the coroner's discretion, but parents can raise concerns about care and request that the coroner investigate further.
The HSE's clinical guideline on stillbirth recommends a full post mortem by a perinatal pathologist. Published research from a study of Irish maternity units found that placental histopathology identified a cause of death in approximately 68% of cases where examination was performed. Cytogenetic testing (microarray analysis) is recommended for all stillbirths. A complete post mortem provides the strongest evidence, although a limited examination may still be of value.
One aspect the official guidance doesn't cover in plain language: if the coroner holds an inquest, the coroner cannot assign civil liability or award compensation. The inquest establishes the facts, including who, when, where, and how. A finding of "medical misadventure" at inquest is not a determination of negligence, but it can provide powerful foundational evidence when your solicitor builds the separate civil claim. For more on how inquests interact with civil claims, see our causation guide.
What compensation can you claim for stillbirth negligence in Ireland?
Compensation in stillbirth claims covers two legally distinct categories: general damages for pain, suffering, and loss of amenity, and special damages for quantifiable financial losses. Awards are assessed by reference to the Judicial Council Personal Injuries Guidelines (2021), which replaced the Book of Quantum in April 2021.
| Category | What it covers | Key points |
|---|---|---|
| General damages (mother) | Physical birth trauma (haemorrhage, tearing, surgical complications) and diagnosed psychiatric injuries (PTSD, severe depression, anxiety disorders) | Guided by the Judicial Council Guidelines. Severe PTSD following stillbirth is typically assessed under the "severe" or "moderately severe" psychiatric damage brackets within the Guidelines. Draft amendments proposed in 2024/2025 include an average 16.7% increase to adjust for inflation. |
| General damages (father/partner) | Recognised psychiatric illness arising from nervous shock (see Kelly v Hennessy requirements above) | Must meet the five-element threshold. Ordinary grief is not compensable. |
| Special damages | Lost earnings due to extended leave, ongoing psychological therapy, counselling costs, medication, funeral and burial expenses, unused baby items | Not capped by the Guidelines. Calculated based on actual and projected costs with supporting evidence. |
Every case is assessed individually. Awards depend on the severity of injuries, the extent of negligence, and the evidence. No solicitor can predict a specific figure at the outset.
What is the time limit for a stillbirth negligence claim in Ireland?
The strict legal time limit is two years from the "date of knowledge" under the Statute of Limitations (Amendment) Act 1991. The date of knowledge is the date on which you knew, or ought reasonably to have known, that the stillbirth was caused by substandard care.
In practice, the two-year clock frequently starts well after the stillbirth itself. Many parents only realise negligence occurred months later, after reviewing medical records, receiving a post mortem report, or consulting a solicitor who commissions an independent expert review. The single biggest delay in stillbirth cases is parents waiting for the "official" inquest or hospital review before seeking legal advice. You do not need to wait for either. For a detailed explanation of how the date of knowledge rule works, see our date of knowledge guide.
Typical claim timeline (indicative only)
| Stage | Typical timeframe | What affects it |
|---|---|---|
| Records request and initial review | 0 to 3 months | Hospital response speed, completeness of maternity file |
| Independent expert obstetric report | 3 to 9 months | Expert availability (often sourced from UK), complexity of clinical issues |
| Letter of claim to HSE/SCA and their response | 9 to 15 months | SCA investigation period, whether they instruct their own experts |
| Proceedings, negotiation, or mediation | 15 to 30 months | Whether liability is admitted or contested, court scheduling |
| Settlement or High Court trial | 30 to 48 months | Complexity of causation, number of experts, availability of trial dates |
These are experience-based ranges, not guarantees. Claims where liability is admitted early can resolve much faster. Contested causation cases can take longer.
If you found this page from a UK search result: Irish law differs from UK law on several points that directly affect your claim. Ireland has a two-year time limit (not three). The legal test is the Dunne Principles (not the Bolam/Bolitho test used in England). Medical negligence claims bypass the Injuries Resolution Board entirely. The statutory bereavement damages available in the UK do not apply in the same form in Ireland. All information on this page applies to the Republic of Ireland only.
What should you do now?
If you suspect the care you received fell below accepted standards, take these steps while the evidence is fresh.
- Request your complete maternity records from the hospital in writing under GDPR. Include a specific request for CTG traces, partogram, and placental histopathology results. See our records request guide.
- Note everything you remember about your care: dates, names of staff, conversations, and specific concerns you raised. Your personal timeline supports the expert's review.
- Speak with a solicitor experienced in maternity negligence. The initial assessment is free and carries no obligation. A specialist can tell you within a few weeks whether your case warrants a full expert review.
- Do not wait for the inquest or hospital review. The two-year clock may already be running. Early legal advice preserves your options without committing you to anything.
What most guides miss about stillbirth claims in Ireland
Three legal points that directly affect whether your stillbirth claim succeeds, and that most Irish legal guides do not address.
Under Irish law, the mother and baby are one legal entity. A stillborn baby and the mother are treated as a single entity in Irish tort law. The claim is the mother's personal injury claim for her physical and psychological injuries. This is not a wrongful death action brought on behalf of the baby. The distinction affects who can sue, what damages are available, and why the Section 49 solatium (available in standard fatal injury cases in Ireland) does not apply.
In Ireland, the Inadmissibility Paradox changes everything after September 2024. Before the Patient Safety Act 2023, hospitals had no mandatory disclosure obligation. Now they must hold open disclosure meetings for stillbirths, but what they share is legally protected from use in court. Families who receive an apology often believe the hard part is done. It is not. The civil claim requires entirely separate evidence that the hospital cannot control.
In Irish stillbirth cases, expert witnesses usually come from outside Ireland. Ireland has a small community of consultant obstetricians spread across 19 maternity units. Most know each other professionally. To avoid conflicts of interest, independent expert reports in stillbirth claims are typically commissioned from specialists in the UK or mainland Europe. This affects both the cost and the timeline of your claim, and it is a factor your solicitor manages from the outset.
Key points about stillbirth negligence claims in Ireland
Definition: 23+ weeks or 400g+ (changed September 2024). Time limit: Two years from date of knowledge, not from the stillbirth. Court route: Direct to High Court, no Injuries Resolution Board. Both parents: Mother claims for physical and psychiatric injury; father or partner claims separately under the nervous shock doctrine if they can prove a recognised psychiatric illness.
Common Questions About Stillbirth Negligence Claims in Ireland
Do I need to go through PIAB or the Injuries Resolution Board?
No. Medical negligence claims, including stillbirth claims, are fully exempt from the Injuries Resolution Board (formerly PIAB) under s.3(d) of the PIAB Act 2003. Your claim proceeds directly to the High Court. This exemption exists because clinical negligence cases require detailed expert evidence that falls outside the IRB's assessment framework.
The hospital apologised. Does that affect my claim?
An apology does not prevent you from claiming, and it cannot be used as evidence of fault. Under Section 10 of the Patient Safety Act 2023, information and apologies given during mandatory open disclosure meetings are legally inadmissible in civil proceedings. The apology is a signal that something went wrong, but your solicitor must build the case independently through records and expert evidence.
Our medical records request guide explains how to get started.
Can the father claim compensation after a stillbirth?
Yes, if the father can prove a recognised psychiatric illness caused by shock. Irish law does not compensate ordinary grief. Under Kelly v Hennessy, the father must demonstrate a diagnosed condition such as PTSD, that it was shock-induced by the traumatic event, and that the hospital owed a foreseeable duty not to cause such injury. The statutory solatium available in standard fatal injury claims does not apply to stillbirths because an unborn baby lacks the legal status of a person born alive under the Civil Liability Act 1961.
See also: Medical negligence compensation guide
How long does a stillbirth negligence claim take?
Most claims take between two and four years from the first solicitor consultation to resolution. The timeline depends on the complexity of the medical evidence, how quickly expert reports are obtained (often from outside Ireland), whether the SCA admits or contests liability, and whether the case settles or proceeds to trial. Claims where liability is admitted early can resolve faster.
Our date of knowledge guide covers this in detail.
What is the difference between a stillbirth claim and a neonatal death claim?
The legal structure differs because a stillborn baby and the mother are treated as a single entity in Irish law. In a stillbirth claim, the claim is the mother's personal injury claim for her physical and psychological injuries. In a neonatal death (where the baby is born alive but dies within 28 days), there is a separate claim on behalf of the deceased baby as well as the parents' claims. Neonatal death claims can include the statutory solatium under the Civil Liability Act 1961, which is not available for stillbirths.
Will there be a coroner's inquest?
All stillbirths must be reported to the coroner under the Coroners (Amendment) Act 2019, but a post mortem and inquest are at the coroner's discretion. Parents can raise concerns and request investigation. An inquest cannot assign liability or award compensation, but a verdict of medical misadventure can support the civil claim. You do not need to wait for an inquest before seeking legal advice.
What does it cost to bring a claim?
Most stillbirth negligence claims are handled on a no win, no fee basis. The solicitor funds the case, including expert reports and court costs, and recovers fees from the settlement or award if the claim succeeds. If the claim does not succeed, you do not pay legal fees. Your solicitor will explain the fee structure at the outset in compliance with the Legal Services Regulation Authority requirements.
Can I claim if the stillbirth happened in a private hospital?
Yes. The same legal principles apply whether the negligence occurred in a public HSE hospital or a private maternity hospital. In public hospitals, the State Claims Agency manages the defence under the Clinical Indemnity Scheme. In private hospitals, the hospital's own insurer handles the claim. The legal test for proving negligence (the Dunne Principles) is identical in both settings.
Can I still claim if I declined a post mortem?
Yes. Some parents decline a post mortem for personal, religious, or cultural reasons. This does not prevent a negligence claim. The claim can proceed based on the clinical records alone: antenatal notes, CTG traces, partogram, labour ward entries, and placental examination (which is separate from a full post mortem and does not require the same consent). An independent expert can assess whether the care fell below accepted standards using these records. A post mortem strengthens the evidence but its absence does not make a claim impossible.
The hospital's internal review admitted failures. Is my claim now proven?
Not automatically. A hospital's internal review or incident report may acknowledge that care fell below standards, but this is not the same as legal liability. The State Claims Agency frequently contests claims on causation even after the hospital has admitted a service failure. The SCA's defence may argue that the baby would have died regardless of the care provided. Your solicitor's independent expert must prove not only the breach but also that the breach caused the death. The hospital's admission is helpful context, but it does not replace the independent evidence your solicitor builds.
See also: How causation is proven in Irish medical negligence claims
What to consider next
If you're ready to request your records: Our step-by-step records request guide explains what to ask for and how.
If you want to understand how negligence is proven: Our breach of duty guide walks through the Dunne test in detail.
If you're concerned about time limits: Our date of knowledge guide explains when the two-year clock starts.
For an overview of the full claims process: See our birth injury claims guide.
References
Sources cited above. All URLs checked .
- Statute of Limitations (Amendment) Act 1991, s.2. irishstatutebook.ie
- PIAB Act 2003, s.3(d). irishstatutebook.ie
- Civil Registration (Electronic Registration) Act 2024. oireachtas.ie
- Citizens Information, "Registering a stillbirth" (updated 2024). citizensinformation.ie
- CSO, Vital Statistics Annual Report 2023, "Infant Mortality, Stillbirths and Maternal Mortality." cso.ie
- UCC Pregnancy Loss Research Group, "Stillbirth" (2024). ucc.ie
- Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (Act 10). irishstatutebook.ie
- Dunne v National Maternity Hospital [1989] IR 91. Supreme Court.
- Morrissey v HSE [2020] IESC 6. Supreme Court. courts.ie
- Perez v Coombe Women and Infants University Hospital [2025] IEHC. High Court.
- Mason Hayes & Curran, "Clinical Guidelines Serve to Guide but Dunne Principles Remain the Standard of Care" (Dec 2025). mhc.ie
- NTMA/State Claims Agency, Annual Report 2024. ntma.ie
- Kelly v Hennessy [1995] 3 IR 253. Supreme Court.
- Civil Liability Act 1961, s.49. irishstatutebook.ie
- Coroners (Amendment) Act 2019. irishstatutebook.ie
- Judicial Council, Personal Injuries Guidelines (2021). judicialcouncil.ie
- Féileacáin, "Civil Registration Act 2024" (Oct 2024). feileacain.ie
- Patient Safety (Notifiable Incidents and Open Disclosure) Regulations 2024, SI 501/2024. irishstatutebook.ie
Support organisations for bereaved parents
Féileacáin (Stillbirth and Neonatal Death Support) provides help and support to anyone affected by the death of a baby during or after pregnancy.
Pregnancy and Infant Loss Ireland offers contact details for bereavement support services in your local area.
A Little Lifetime Foundation provides information and support to bereaved parents and families.
Related guides: Birth injury claims · Medical negligence compensation · Expert medical reports · Medical negligence in Ireland
This information is for educational purposes only and does not constitute legal advice. Every case depends on its specific facts. Consult a qualified solicitor for advice about your situation. Gary Matthews Solicitors, 3rd Floor, Ormond Building, 31–36 Ormond Quay Upper, Dublin D07. Regulated by the Law Society of Ireland. *In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.
Gary Matthews Solicitors
Medical negligence solicitors, Dublin
We help people every day of the week (weekends and bank holidays included) that have either been injured or harmed as a result of an accident or have suffered from negligence or malpractice.
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