A birth injury claim seeks compensation for the injury you or your child suffered while you were giving birth. Giving birth should be straightforward with professional medical care. Any possible birth complications should be prepared for in advance, but if you or your child suffer a birth injury due to medical negligence, you may have a birth injury claim. 

The birth injury claim may be for a broken shoulder, a snapped limb, nerve damage to the mother during a birth or a lifelong condition such as Cerebral Palsy or a traumatic brain injury. A stillbirth may be due to medical negligence, and you may have a birth injury claim for its effects on you. 

Medical negligence is medical care below what any other medical professional would provide in similar circumstances. You could have a medical negligence compensation claim* if you suffer while under the care of any medical professional. 

PBN Litigation Solicitors in Dublin have the expertise and that vital experience in all types of medical negligence claims*. We will be with you throughout the process of your birth injury negligence claim* to get you the compensation you deserve.

Table of Content

What is a birth injury?

A birth injury is when the baby or mother, or both in some cases, suffer an injury during the birthing process. If the birth injury is due to medical negligence, like a broken bone in the baby’s arm due to poor medical practice, then you may have a birth injury claim*. 

A birth injury in medical negligence cases may be:

  • Brain damage
  • Stillbirth
  • Erb’s Palsy
  • Cerebral Palsy
  • Tearing to the mother
  • Excessive bleeding in the mother
  • Scarring
  • Broken limbs in the baby
  • Skull damage to the baby
  • Shoulder injury to the baby

The mother, baby or family may have a birth injury claim* if they suffer one of the many birth injuries due to medical negligence. 

Your baby may be born with a birth defect, which is different from a birth injury. Birth defects are also known as a congenital abnormality and can be a genetic defect, a cleft lip, malformed limbs, a heart defect, or Spina Bifida.

A review of recent birth injury claims* shows that 77% of cases showed a delay in delivering the baby. 58% of babies who suffer a birth injury in Ireland experienced a delay of 30 minutes or more during delivery. 47% of babies born with a birth injury in the survey were delivered by emergency Caesarean section, and 30% were delivered using instruments such as a forceps delivery. Read more here. 

PBN Litigation Solicitors can look at the errors in your birthing care and see if you have a valid birth injury claim* for compensation.

Start your medical negligence case today by contacting PBN solicitors.

PBN solicitors have that experience and understanding to be with you every step along the way of a medical negligence compensation claim*.

Common claims for birth injury negligence

Common claims for birth injury negligence range from Cerebral Palsy due to a delay in delivering a baby to broken limbs due to poor delivery methods and brain damage from a lack of oxygen during the birth. 

You can make a claim* for birth injury negligence if you or your baby suffered an injury during the birth that could be due to medical negligence. You make a medical negligence claim for the effects of the birth injury today and in the future. 

Some common birth injury compensation claims in Ireland.

  • Brain damage birth injury claims
  • Injury to the mother birth injury claims
  • Assisted birth, birth injury claims
  • Broken limbs, birth injury claims
  • Erb’s Palsy and Cerebral Palsy birth injury claims

Brain damage birth injury claims

Brain damage birth injury claims* happen when the delivery team at the hospital makes an error or series of errors when you are in labour. The negligence by the medical professionals can lead to a lack of oxygen and a brain injury to the baby. 

Brain damage can happen due to:

  • Delays in delivering the baby
  • Lack of monitoring of the mother and baby
  • Failing to notice an early detachment of the placenta
  • A crush injury when the baby is in the birth canal
  • Incorrect use of the forceps during a birth

The birth trauma of brain damage can cause developmental delays, mobility issues and other complex lifelong issues, and you may have a birth injury claim*.

Injury to the mother birth injury claims

Injury to the mother birth injury claims* are for when the mother delivering the baby suffers a personal injury due to negligent medical treatment by the doctor or delivery team. The maternal injuries may be due to the delivery methods used, delays when delivering a baby or lack of a duty of care to the mother giving birth. 

An injury to the mother during birth can be:

  • Nerve damage to the birth area
  • Tears and scarring in the birth area
  • PTSD suffered by the mother after a traumatic birth
  • Pelvic organ prolapse
  • Muscle damage in the pelvic area leads to bowel and bladder control issues

The birth injury to the mother may develop over time or could be an issue immediately after a traumatic birth.

Assisted birth, birth injury claims

Assisted birth, birth injury claims* can be due to extensive damage done to the baby or the mother by the use of birth delivery instruments. The birth injury could have been avoided if there had been proper monitoring of the labour or if the birth delivery tools had been used correctly. 

An assisted birth, birth injury may be:

  • Damage to the skull from the use of a forceps
  • Scarring and bruising due to the incorrect use of the forceps
  • Head damage to the baby from a vacuum delivery
  • Bladder damage to the mother
  • Vaginal and rectal tears to the mother from the forceps

An assisted delivery may be necessary, but the medical professional should use the forceps or vacuum carefully and avoid doing damage to the mother or the baby.

Broken limbs birth injury claims

Broken limbs birth injury claims* are for the broken legs and arms your baby may suffer due to medical negligence when you are delivering the baby. The delivery team should take every care to make the birth safe and avoid unnecessary injury to the newborn child. 

A broken limb during childbirth can happen when:

  • Delays in delivery cause the baby to get stuck in the birthing canal
  • The surgeon delivering a Caesarean baby breaks an arm or leg
  • The delivery team pull the baby by the arm or leg during the birth
  • The baby is dropped after delivery
  • Errors during the delivery of the baby

A broken limb during delivery can be difficult to heal, and the effects may be with the baby for a time. You may have a birth injury claim* for a broken limb during delivery.

Erb’s Palsy and Cerebral Palsy birth injury claims

Erb’s Palsy and cerebral palsy birth injury claims* are for the effects of the condition on your baby today and in the future. 

Erb’s Palsy is damage to the arm usually caused by excessive pulling of the baby’s upper arm, shoulder, and head during birth. The nerve damage may heal over the first few months or may take longer in some cases. 

Cerebral Palsy can cause developmental delays, cause issues with posture and walking and have side effects such as epilepsy and deafness as well as sight issues. Cerebral Palsy may be caused by a lack of oxygen during birth, an undiagnosed infection, or a delayed delivery. 

If your baby shows the signs of Erb’s Palsy or Cerebral Palsy and the causes may be due to medical negligence during birth, you may have a birth injury compensation claim*. 

At PBN Litigation, we can help you discover the causes of you or your child’s birth injury and see if you can make a compensation claim for a birth injury.

Compensation for a birth injury claim*

Compensation for a birth injury claim* in Ireland will differ depending on the injury or injuries you suffer due to the medical negligence in the delivery of your baby. A baby who has a birth injury such as Cerebral Palsy or severe brain damage may need care for life, and you claim for the effects of the birth injury today and in the future. 

There is not one fixed compensation award for any medical negligence claim*, and with a birth injury claim*, you may seek compensation for vaginal tearing or for a broken arm during a difficult birth. 

A medical negligence solicitor can only give you an idea of what is possible when you or your baby suffer a birth injury and what you can claim* for its effects on you. 

Every compensation claim* is different. A baby may suffer a birth injury that affects them for life, and you can claim for the brain damage as well as the care necessary for life and adaptions you need to make to the home and your car. 

With your birth injury negligence claim*, you seek damages for the effect of the injury or injuries on you and your baby today and on your future lives. 

PBN Litigation Solicitors can explain how the process works and how your birth injury claim* will combine the two types of damages.

Start your medical negligence case today by contacting PBN solicitors.

Damages in a birth injury claim*

Damages in a birth injury claim* are a combination of:

  • General Damages in a Birth Injury Claim*
  • Special Damages in a Birth Injury Claim*

The two types of damages take into consideration the effects of the negligence by a medical professional during the delivery of your baby today and its impact on you and your child’s future.

General Damages in a Birth Injury Claim*

General Damages in a birth injury claim* are for compensation for the pain and suffering you or your baby experience due to a birth injury such as a broken limb, cracked pelvic bone or an infection due to the medical negligence. 

You can claim general damages for the pain of the unnecessary intervention causing a birth injury or delays in delivering a baby, causing the birth injury to you and the baby. A claim may also be for the poor treatment by an obstetrician causing physical injury to you and or your baby. 

General Damages may be claimed in any medical negligence case where the injuries cause pain and inconvenience and affect your ability to exercise, drive, play sports and other activities.  

Special Damages in a Birth Injury Claim*

Special Damages in a birth injury claim* are for the financial effects on your life due to the medical negligence by the delivery team, the obstetrician or the hospital, such as when you are unable to work and provide for the family when caring for a baby with a birth injury. 

You could be off work for a time or be unable to return to similar work with the same salary. 

With Special Damages you claim* for: 

  • The loss of earnings
  • Care costs today and in the future for you and the baby
  • Out-of-pocket expenses such as travel, medical appointments, further treatment

Special Damages are for the financial effects of a loss of income when recovering from the effects of a birth injury or needing to take time off to care for a baby with a serious birth injury. You may need to give up fulltime employment or may not be able to return to work at a position with a similar salary to the one you earned before the birth. 

You claim* Special Damages to offset the financial costs of the medical negligence so you will not be out of pocket due to the actions of others.  

Each person in a medical negligence claim* differs from another, which is very true with a birth injury claim. The financial effects may be heavier on you than on someone in a similar situation. If you have children, you may need to claim* for their care while you recover from a serious infection you contracted during birth or for the care you need to give a baby with a severe birth injury, such as brain damage. 

You may claim* for what is needed to maintain a similar quality of life as before the effects of the medical negligence on your life.  

Your PBN Litigation solicitor can guide you on what to expect in compensation and how to make your claim* for birth injury medical negligence.

Who is eligible to claim compensation for a birth injury in Ireland?

You and your baby may be eligible to claim compensation for a birth injury in Ireland when the obstetrician or delivery team breach their duty of care to you and your baby. 

Your baby could be injured in a case of birth injury or medical negligence. They could suffer the effects for life, and you can claim compensation on their behalf. 

When you are the injured party due to the medical professional’s negligence during the birth, then you can claim* for the effects of the injury on your life today and in the future. 

The compensation for a birth injury will help you get your life back on track and can cover the future care needs of the baby with a birth injury. Compensation can ensure you are not out of pocket due to medical negligence by the doctor, obstetrician of the HSE hospital or private clinic. 

PBN Litigation Solicitors can make your claim* when you may be eligible for birth injury compensation.

Who may be at fault for a birth injury in the HSE?

The medical professional who made the errors leading to the birth injury to the mother and or the baby can be responsible for it and its effects on the mother, the baby and the baby’s family. 

If you are giving birth, you put your trust in the hospital, the delivery team and the obstetrician to give you medical care at an acceptable standard, and if they do not, it could be medical negligence. You expect they will take care of an emergency, deliver your baby in time and not injure you or the baby during the birth. 

Medical negligence is medical care below acceptable standards. Birth injury negligence in Ireland is medical care below that which any other hospital, delivery team or obstetrician would provide. 

The negligent party who could be at fault for a birth injury claim* may be:

  • The doctor who delays the delivery of the baby
  • A doctor or obstetrician who makes errors during birth
  • The delivery team who does not follow instructions
  • An obstetrician who does not get full consent from a patient
  • The doctor or nurse who fails to administer post or pre-natal medications
  • The obstetrician who fails to monitor the mother during pregnancy
  • The HSE hospital, which employs too few staff
  • The HSE hospital responsible for hiring maternity staff
  • The surgeon who makes an error with your Caesarean Section surgery
  • The HSE hospital responsible for hygiene standards

If you suffer medical negligence while in an HSE hospital, such as poor care before, during and after the birth of a child, you may have a birth injury negligence compensation claim* against the HSE. 

If you suffer negligence in a private hospital or clinic, you may have a medical negligence case against the hospital authority. 

PBN Litigation solicitors can handle your birth injury claim* against those responsible for the medical negligence during the birth of your baby.

How to make a birth injury claim* in Ireland

There are a few steps to follow when you make a birth injury claim* in Ireland. Making any medical negligence claim* may seem daunting, especially if you are taking on the HSE or the obstetrician you may know from being in their care throughout the pregnancy. 

You may be worried about engaging in legal proceedings against HSE, the well-known hospital consultant or the private medical provider, but with the help of a medical negligence solicitor, you can navigate your way through what could be a complex process.  

The steps to follow when making a birth injury claim* in Ireland are:  

You should engage a medical negligence solicitor as soon as possible to further your birth injury claim* such as brain damage to your baby. The team at PBN Litigation Solicitors can advise on your case and how it could proceed. 

With our no-obligation consultation, we can meet with you in confidence and advise you on the strengths of your case. 

To investigate your case, we will request an initial medical report from your doctor to outline the injuries to the baby or to you arising from the birth and any ongoing poor health issues.

Updated reports with a final prognosis from your doctors will be taken up before your case is settled.

We will help investigate your case by requesting all the medical notes and files, a report on what happened from the hospital management and seeking further independent medical expertise for their opinion.

An expert from our panel of Doctors will be briefed to prepare a written opinion as to whether the medical care provided to you and/or your baby fell below an acceptable reasonable standard, resulting in a breach of duty of care. If so, the expert will provide an opinion on negligence and causation issues that arise in your care.

If the independent medical expert provides a positive report we shall proceed to notify the healthcare provider by way of a letter of claim particularising the negligent treatment that you or your baby have received and inviting the healthcare provider to admit liability.

With the confidence of an expert report and our advices, we would issue Court proceedings and pursue the matter on your and your families behalf.

Going to court may be the final step in resolving your birth injury case. Your PBN Litigation medical negligence solicitor will continue with your case when court becomes the only option and advise you on how to approach it. 

We can issue the court proceedings and advise you along every step of a difficult process for you and the family.  

Court proceedings can be protracted, and you will need experience and expertise on your side when in the courtroom. 

PBN Litigation Solicitors can provide that much-needed experience if the time comes for going to court. 

In some cases, a birth injury claim* is settled on the steps of the court when the negligent party meets the person who suffered the injury due to the medical negligence during a difficult birth.

How long do you have to make a birth injury claim?

You have two years less one day from the date you become aware you suffered an injury to make a birth injury claim* in Ireland if you are the mother who suffers the birth injury. If a child suffers a birth injury, such as Cerebral Palsy, the parent has until they turn 18 to make a medical negligence claim*. 

Once the child turns 18, they then have two years to make a birth injury claim*, providing their parents did not make one on their behalf previously. 

Some birth injury cases do not come to light until they are diagnosed later by another doctor or medical professional when looking at the medical records. Cerebral Palsy often does not become obvious until a child begins school and has difficulties with learning and concentration. You or your child may have what is known as a date of knowledge clause in your case. The date of knowledge is the date you became aware the birth injury was due to medical negligence. 

In such cases, the two-year limit to claim* may begin on the day of the diagnosis of the effects of a birth injury. You, or you on behalf of your baby, may make a claim* outside of the two-year limit only if the date of knowledge of injury allows it. 

In a birth injury medical negligence claim* in Ireland, you must have all the paperwork in place and filed within the time limit. Your PBN Litigation Solicitor can help with the claim* process and give you a checklist for what is needed to file the compensation claim*. 

In all cases of medical negligence, the sooner you begin the claim* process, the better it will be for the case. It is preferable to write down what happened while it is fresh in your memory and while the medical evidence can clearly show the negligence during treatment. 

PBN Litigation Solicitors can look at the details of your birth injury claim* and get started on a valid medical negligence claim* within the time limits.

The role of a solicitor in a birth injury claim

The role of the solicitor in a birth injury claim is to advise you on all aspects of the medical negligence case. The experienced birth injury solicitor will represent you in dealing with the insurance company, the HSE or the other legal team involved in the birth injury claim. 

In a birth injury claim, the solicitor can:

  • Advise you on all aspects of the case
  • Advise you on time limits
  • Advise you on how to file a claim
  • Take on all legal representation for you in the claim
  • Avoid the case going to court
  • Represent you if the case goes to court
  • Advise if you have a valid birth injury claim
  • Advise if your birth injury claim is not a valid one
  • Advise you on how much compensation you should expect and accept

PBN Litigation solicitors can take on your birth injury claim for you and your baby. Our medical negligence solicitors have the expertise and the experience to guide you through a birth injury claim and be with you along every step of the process.

Make a birth injury claim today

Make a birth injury claim* today by contacting PBN Litigation Solicitors. 

If you or your baby have suffered a birth injury such as a broken limb, vaginal tearing, spinal cord injuries, or brain damage, then PBN Litigation Solicitors have the experience and expertise to manage your compensation claim*.  

You or your baby are the client, the ones injured and in recovery. The last thing you should have to worry about is dealing with the HSE, the private hospital or the courts when recovering from the effects of the birth injury or planning for a future for your baby with Cerebral Palsy or severe brain damage. 

PBN Litigation Solicitors can take on your case and work with you to get the compensation you deserve.  

We pride ourselves in taking the stress out of medical negligence litigation by providing a service dedicated to the client.  

Contact PBN Litigation Solicitors today for all your medical negligence needs.