Understanding Your Next Steps After a Birth Injury
All parents hope for an uneventful and healthy pregnancy and birth. Unfortunately, complications can arise, leading to birth injuries, which can have devastating consequences.
It is of course extremely distressing for a parent to witness their child suffer a birth injury. I understand how upsetting and stressful this time can be.
This guide aims to provide essential information for parents considering bringing a birth injury claim, ensuring that they can navigate the process with clarity and confidence.
What is a Birth Injury Claim?
It is a type of medical negligence claim which is brought against a doctor or Hospital for errors made during pregnancy, labour and delivery, or in the postpartum period resulting in injury to the newborn baby.
Different Types of Birth Injuries
Given the vulnerability of newborn babies, many different types of birth injuries can be sustained such as:
- Bone Fractures;
- Scarring;
- Subgaleal Haematoma (abnormal buildup of blood outside the skull);
- Brain Damage;
- Nerve Damage;
- Brachial Plexus Injury (stretching of nerves in the neck which may cause loss of movement to the shoulder, arm or hand);
- Neonatal Hypoglycaemia (condition of low blood sugar (glucose) which can cause brain damage)
Lifelong medical conditions can also be caused by birth injuries:
Further, in rare cases, still births and neonatal deaths can occur.
Birth Injuries Caused by Medical Error (Medical Negligence)
Given the nature of childbirth, complications can arise even with excellent medical care and treatment. However, there can be circumstances where the health of the baby is compromised by the negligence of the medical professionals involved. The following are examples of medical errors which can cause a birth injury:
- Poor treatment or care during pregnancy
- Failure to monitor foetal development during pregnancy
- Failure to monitor the foetal heart rate;
- Failure to progress the birth process in a timely and appropriate manner;
- Failure to diagnose or a delay in diagnosing foetal distress caused by low blood sugar or heartbeat abnormalities.
- Failure to act in a timely fashion where foetal distress is evident/delay in delivering the baby
- Failure to diagnose and/or treat maternal infection which can be passed to the baby.
- Failure to monitor the baby following delivery;
- Causing injuries from the incorrect/poor use of ventouse/forceps during delivery
How Do I Know if my Child’s Birth Injury was Caused by Medical Negligence?
In order to demonstrate that your child’s birth injury was caused by medical negligence you need to prove:
- That the medical professional failed in their duty; and
- That this failure caused your child harm/injury.
If your child has suffered a birth injury and you feel that the doctor(s) involved acted in a manner they should not have, you should speak with an appropriate expert to obtain legal advice.
Speak with a Specialist Medical Negligence Solicitor
Given the complexity of birth injury claims, seeking legal advice from a specialised medical negligence solicitor is essential to protect your child’s rights.
If you believe that your child’s injuries were caused by medical negligence it is important that you speak with a medical negligence solicitor as soon as possible.
I understand that when your child suffers an injury, their recovery takes precedence and you may not feel in the best place to consider bringing a legal claim. However, making contact with a specialised medical negligence solicitor early will ensure that you receive the appropriate advice in a timely manner, within the legal timeframe (see below), thereby protecting any potential claim your child may have.
Time Limit for Bringing a Birth Injury Claim (Legal Timeframe)
There are very strict rules (known as the Statute of Limitations) which dictate the length of time you have to make a medical negligence claim.
Generally speaking, you have two years from the date of the negligent act to bring a medical negligence claim.
For children, the 2-year time limit does begin to run until the child’s 18th birthday. However, a claim can be brought by the child’s parents while the child is still under 18 years of age. This may be advisable in circumstances where the child is injured and the compensation will provide much needed therapies and support to reduce the impact of his/her injuries.
In order to protect your child’s legal rights, it is recommended that you start the legal process as soon as possible to ensure that the legal claim is commenced in advance of the time period expiring.
Related Reading
Understanding the legal process of bringing a birth injury claim is crucial. The below articles provide further information on bringing a case for your child and a summary of the steps involved, from initial contact with a solicitor to the conclusion of the case:
What Happens When You Contact Me
Here’s what to expect if you decide to reach out:
- We’ll talk. I’ll listen to what happened and answer any questions you have — no pressure, no obligation.
- You’ll get clear advice. I’ll explain whether I believe you may have a case, and talk you through your options.
- I’ll investigate. If we decide to move forward, I’ll request your medical records and, where needed, seek opinions from independent experts.
- I’ll handle everything. If a claim is possible, I’ll manage the entire process personally — keeping things as simple and stress-free as possible.
What My Clients Say
I’m proud to have supported clients through some of the most difficult moments in their lives. Here are just a few of the kind words they’ve shared about their experience working with me:
Reassuring and understanding
"Laura was a pleasure to deal with. While so many in the industry can be cold and intimidating, Laura was so reassuring and understanding while being very open and honest and not at all misleading. She is also so knowledgeable and speaks in terms that all can understand she is very informative. Laura gives regular updates so there is no need to worry about being forgotten. Would highly recommend Laura."
Exceptional professionalism and outstanding communication
"We were incredibly impressed by their exceptional professionalism from the outset. Laura provided clear, well-structured advice at every stage of the process. Communication was outstanding — Laura was consistently responsive and ensured that we were fully informed throughout the case. This level of attentiveness gave us great confidence that the matter was being handled with the utmost care and diligence. Laura’s ability to balance empathy with rigorous legal expertise was truly commendable. I would have no hesitation in recommending Croke Medical Law."
I will be forever grateful
"I will be forever grateful to Laura for her guidance and support during such a difficult time. Her care and expertise made all the difference."
I felt guided and reassured throughout
"From the beginning, Laura was supportive, clear, and honest. I felt reassured and guided throughout, and I couldn’t recommend her highly enough."
Always available, always compassionate
"Laura made what felt like an overwhelming process so easy to understand. She was always available, always compassionate, and incredibly professional."
Supported and guided us
“Laura is the ultimate professional while also being kind and compassionate. Laura was so easy to deal with, kept us informed every step of the way and supported and guided us through a very difficult process. We will be forever grateful to her and would have absolutely no hesitation in recommending Laura to anyone that finds themselves in our unfortunate situation".
I’m also proud to have earned consistent 5-star reviews on Google from clients who value clear advice, compassion, and real results.
Not sure if you have a case? Let's talk.
If you’re unsure whether you have a case or just need some guidance, let’s have a quick chat. No pressure, no obligation — just clear, honest advice to help you understand your options.
You can reach me directly by phone, email, or simply fill out the contact form here. I’ll personally take the time to listen and point you in the right direction.
Email: laura@crokemedicallaw.com
Phone: +353 83 330 1674
Related Areas of Expertise
Cerebral Palsy Claims
Cerebral palsy can occur when a baby’s brain is deprived of oxygen before, during, or after birth. In some cases, this may result from medical errors in labour or delivery. As a specialist birth injury lawyer, I can review your case and advise whether a baby birth injury claim may be appropriate.
Learn more about Cerebral Palsy Claims
Instrumental Delivery Trauma Claims
Forceps or vacuum-assisted deliveries can sometimes lead to serious trauma if not performed correctly. If your baby experienced injury during an instrumental delivery, I can assess whether medical negligence at birth played a role.
Learn more about Instrumental Delivery Trauma
Shoulder Dystocia & Erb’s Palsy Claims
Shoulder dystocia is a birth emergency that requires careful management. Poor handling can lead to permanent nerve injuries like Erb’s Palsy. I can investigate potential delays or mismanagement and help you explore your options.
Learn more about Shoulder Dystocia & Erb’s Palsy
Oxygen Deprivation, Brain Injury & Hypoxic Ischemic Encephalopathy Claims
A lack of oxygen around the time of birth can sometimes result in brain injury. Where delays or errors in recognising distress occur, a birth injury claim may be possible. I can help families understand what happened and whether medical negligence at birth may have contributed.
Learn more about Oxygen Deprivation & Brain Injury
Stillbirth & Neonatal Death Claims
Losing a baby is devastating beyond words. If you suspect medical negligence may have played a role, I provide sensitive, expert support to help families explore their legal options and seek answers.
Learn more about Stillbirth & Neonatal Death Claims
Hip Dysplasia Claims
Developmental dysplasia of the hip (DDH) is most treatable when diagnosed early. Delays or failures in diagnosis can lead to long-term complications. I can review your case to determine whether a baby birth injury claim may be appropriate and guide you through the legal process.
Learn more about Hip Dysplasia Claims