Birth Injury Claims

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Birth injuries are among the most distressing experiences a family can face. When a birth injury occurs due to medical negligence, it can leave families grappling with physical, emotional, and financial burdens. At Good & Murray Smith LLP, we are here to help you navigate this challenging time and ensure you receive the justice and compensation you deserve.

What Is a Birth Injury?

A birth injury refers to any harm suffered by a mother or baby during childbirth as a result of substandard medical care. These injuries can range from temporary complications to life-altering conditions that require long-term care.

Examples of Birth Injuries in Babies

  • Cerebral palsy, often caused by oxygen deprivation during birth
  • Erb’s palsy and other brachial plexus injuries
  • Infections, such as Group B streptococcus or herpes
  • Umbilical cord complications, including prolapse or compression
  • Fractures, especially of the clavicle or collarbone


Examples of Birth Injuries in Mothers

  • Severe perineal tears
  • Postpartum haemorrhage
  • Uterine rupture
  • Psychological trauma, including PTSD


If you or your child has suffered a birth injury, it may be possible to bring a claim for compensation.

Types of Birth Injuries and Negligence

Cerebral Palsy

This condition is often the result of oxygen deprivation during labour, typically caused by delayed medical interventions. Early detection and proper monitoring are critical to preventing such injuries.

Erb’s Palsy and Nerve Damage

Improper use of instruments like forceps or ventouse can lead to nerve damage, resulting in limited mobility or paralysis in the affected limb.

Maternal Injuries

Maternal injuries, including uterine rupture or haemorrhage, often result from mismanagement during delivery or failure to recognise complications.

Delayed or Mismanaged Delivery

Delays in performing an emergency C-section, mishandling of the umbilical cord, or inadequate monitoring of foetal distress can all lead to severe birth injuries.

How Good & Murray Smith LLP Can Help

We understand the emotional and physical toll of birth injuries and are committed to making the claims process as straightforward as possible. Our experienced medical negligence solicitors will:

Investigate Your Claim

We will meticulously review medical records, consult with leading medical experts, and establish if negligence occurred.

Build a Strong Case

Our team will identify how the injury could have been avoided and provide a clear link between the negligence and the harm caused.

Negotiate Compensation

We will advocate for you during negotiations, seeking fair compensation to address your physical, emotional, and financial losses.

Compensation in Birth Injury Claims

Compensation aims to cover the range of hardships caused by birth injuries. You may be entitled to claim for:

  • Pain and suffering, both physical and emotional
  • Reduced quality of life, including limitations on normal activities
  • Medical expenses, such as ongoing treatments or specialised care
  • Loss of earnings, if a parent cannot return to work due to the injury
  • Long-term care costs, particularly in cases of lifelong conditions like cerebral palsy


Payouts for severe cases can reach millions of euros, reflecting the need for extensive support and care.

Time Limits for Birth Injury Claims

In Ireland, strict time limits apply to birth injury claims:

  • For parents: You generally have two years from the date of the negligence to make a claim.
  • For children: The time limit begins on their 18th birthday, giving them until their 20th birthday to bring a claim.


It’s vital to act promptly to ensure evidence is preserved and your case remains strong.

FAQs About Birth Injury Claims

The compensation for birth injuries in Ireland varies significantly, depending on the severity of the injury and its impact on the child's and family's lives. Awards can range from tens of thousands to millions of euros, covering aspects such as pain, suffering, medical expenses, and long-term care needs.

Brachial palsy, particularly injuries to the brachial plexus nerves, is among the most common birth injuries. This condition often arises when there's difficulty delivering the baby's shoulder, known as shoulder dystocia, leading to a loss of movement in the affected arm.

To pursue a birth injury compensation claim in Ireland, it's essential to establish that medical negligence occurred during pregnancy, delivery, or postnatal care. 

 

The process involves gathering medical evidence, consulting with independent medical experts, and obtaining all relevant medical records. Engaging a solicitor experienced in medical negligence is crucial to guide you through the process and ensure adherence to legal time limits.

A birth defect refers to a structural or functional anomaly that develops during fetal development, often due to genetic factors, infections, or exposure to harmful substances. 

In contrast, a birth injury is harm sustained by the baby during the birthing process, typically resulting from mechanical forces or medical complications during delivery.

The terms "birth injury" and "birth trauma" are often used interchangeably; however, they can have distinct meanings. "Birth injury" generally refers to any harm to the baby occurring during the birthing process. "Birth trauma" specifically denotes mechanical injuries sustained during delivery, such as nerve damage or fractures.

To establish a successful claim, you must demonstrate that medical staff breached their duty of care, causing the injury. This involves obtaining independent medical assessments and gathering evidence, such as medical records.

Birth injuries can occur due to negligence during antenatal care, delivery, or postnatal care. Examples include delayed C-sections, improper use of instruments, or failure to treat maternal infections.

The amount depends on the severity of the injury and its impact on your life. Severe cases involving lifelong care requirements can result in significant compensation.

Why Choose Good & Murray Smith LLP for Your Birth Injury Claim?

Expertise in Birth Injury Law

We have extensive experience managing complex birth injury cases, from cerebral palsy and brachial plexus injuries to maternal trauma. Our solicitors have a deep understanding of the medical and legal intricacies involved, ensuring we can identify negligence and build a strong case on your behalf.

Empathy and Personalised Support

Birth injuries are deeply personal, often affecting the entire family. We approach every case with care, providing a listening ear and tailored advice. You’ll never feel like just another file in our office—we’ll be with you every step of the way.

Access to Leading Medical Experts

Proving medical negligence requires thorough evidence. We work with some of Ireland’s leading medical experts, including obstetricians, paediatricians, and gynaecologists, to assess your case and provide authoritative opinions that strengthen your claim.

Proven Track Record in Securing Life-changing Compensation

We’ve successfully obtained significant compensation on behalf of claimants. Whether it’s funding for care, specialist therapies, or loss of earnings, we fight tirelessly to ensure you receive the financial support you need. 

A Stress-free Claims Process

We understand how overwhelming this time can be. Our solicitors take on the legal burden, handling everything from gathering evidence to negotiating with insurance companies, so you can focus on your recovery and your family.

Commitment to Your Family’s Future

Birth injuries can have long-term implications. We are a family run business, and our goal is not just to secure compensation but to help you access the resources and care needed for a brighter future for your child and family.

Start Your Birth Injury Claim Today

If you or your child has suffered a birth injury, don’t wait to seek legal advice. Contact us today for a consultation to discuss your case.

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If you or a loved one has suffered due to medical negligence, don’t delay. Good & Murray Smith LLP is here to support you. Contact us to arrange a consultation to review your case and guide you through the next steps.