Childbirth Injuries: Understanding What Went Wrong—and How We Can Help
Bringing a child into the world should be a moment of joy. But when something goes wrong during labour or delivery due to medical negligence, that joy can quickly turn into heartbreak. Childbirth injuries can affect the mother, the child—or both. Birth injuries, such as nerve damage, brain trauma, or serious tears, can leave lasting physical and emotional scars and often result in long-term consequences that could have been prevented.
What Is a Birth Injury?
A birth injury refers to physical harm caused to a baby or mother during pregnancy, labour, or shortly after delivery. Some birth injuries are unavoidable—but many are the result of medical errors or failures to act appropriately.
Medical professionals are expected to monitor, assess, and intervene when necessary. When they fail to do so, and their negligence causes avoidable harm, you may have grounds for a birth injury claim.
Every birth injury is unique, making it difficult to determine the exact birthday injury treatments that will work for each case. That’s why proper diagnosis, followed by quick treatment, is vital to aid a baby’s recovery. If an injury is caught early on, it can be treated before it seriously harms the baby.
While injuries such as cerebral palsy and Erb’s palsy are untreatable, there are many other types of birth injury with treatments that work.
If your family has been impacted by a childbirth injury as a result of medical negligence, Gibson & Associates LLP are here to help.
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Medical Negligence Claims
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Causes of Childbirth Injuries Due to Negligence
Childbirth injuries often arise due to:
Medical errors
Umbilical cord complications
Large birth weight
Trauma during birth
Premature birth
Babies born prematurely are at higher risk of birth injuries due to their underdeveloped organs and fragile condition.
Prolonged labour
Oxygen deprivation
Abnormal presentation
If you suspect that you or your child has suffered a birth injury, you should seek legal advice as soon as possible, as a time limit applies to claims for financial compensation for personal injury cases.
How We Work: Step By Step Process
A medical negligence claim typically moves through investigation, expert assessment, pre‑litigation steps and then, if not resolved, formal court proceedings and potential trial. In Ireland these claims usually bypass PIAB and issue directly in the courts due to their complexity.
1. Initial investigation
- Take a detailed history of treatment, symptoms, and alleged failings, and identify potential defendants (GP, consultant, hospital, HSE, private clinic).
- Obtain and review all relevant medical records, imaging and test results, along with any prior complaints or correspondence.
2. Expert opinion and case assessment
- Instruct an appropriately qualified independent medical expert to address both negligence (substandard care) and causation (did that substandard care cause the injury).
- Only if a supportive expert report is obtained will a solicitor typically advise proceeding with a medical negligence claim.
3. Pre‑action steps
- Send a detailed letter of claim to the practitioner/hospital/HSE, setting out the alleged negligence, injuries, and inviting proposals to settle; protocols increasingly encourage early disclosure and ADR.
- Allow time for a reasoned response (admissions/denials, records and possibly expert reports) and explore negotiation or mediation where appropriate.
4. Issuing proceedings
- Draft and issue a Personal Injuries Summons (or equivalent originating document), usually in the High Court, pleading the factual narrative, alleged breaches, causation and loss, supported by the expert opinion.
- Serve proceedings on the defendants, who will enter an Appearance and Defence, often accompanied by their own expert reports; further condition and prognosis reports may be obtained as the case progresses.
5. Case management, resolution or trial
- Engage in discovery, exchange of witness and expert reports, and attend case‑management or clinical negligence list reviews, with ongoing settlement discussions or ADR.
- If not resolved, proceed to trial where the judge assesses expert and lay evidence on breach, causation and quantum, and awards or dismisses the claim; limitation is generally two years from the date of injury or knowledge, subject to special rules for minors.
Because your story matters-just like theirs ..
I am writing this review as an absolute necessity as I cannot let the work done by Gibson and associates to go by without acknowledgement. I would recommend this firm to anybody in need of legal assistance.
I want to single out Ms Anna O Donoghue for a special thank you for exceptional knowledge and the professionalism needed for the complexity of these cases that we brought to Gibson and associates, Thank you Anna, we would have been lost without you.
Also a massive thank you to our amazing barrister Mr John Kerr BL, unbelievable professionalism honesty and knowledge and a great result for us . Thank you all for the hard work you all did for us Sinead Ivory and the team at Gibson and associates.
Michael Waters
Always kept me updated throughout the case and very happy with their work .
Keith Ahern
Gibson & Assoiciates are pleasure to deal with, they where very helpful from the start and provided great communication all the way through my case and where always available when I needed them, especially Jessica who always found the time to provide me with updates. 5 star service!
Joe
JJakub Babiarz
Common Childbirth Injuries to the Baby
We assist clients in cases involving a wide range of injuries to the child, including:
Cerebral Palsy
Erb’s Palsy / Brachial Plexus Injuries
Fractures or Broken Bones
Such as clavicle fractures during difficult or force-assisted deliveries.
Brain Injury
Resulting from trauma or oxygen shortage, possibly due to mismanaged foetal distress.
Hypoxic-Ischemic Encephalopathy (HIE)
Stillbirth or Neonatal Death
Bruising
Some babies may show signs of bruising due to the trauma of passing through the birth canal and coming into contact with the mother’s pelvic bones and tissues. Delivery using forceps or vacuum extraction can also lead to bruising of the baby’s head and face.
Facial Nerve Injuries
Forceps or other delivery instruments can sometimes damage facial nerves, resulting in temporary or permanent facial paralysis.
Caput Succedaneum
This condition is characterised by significant swelling of the soft tissues of the baby’s scalp, which develops as the baby travels through the birth canal. Babies delivered by vacuum extraction are more likely to experience this type of birth injury.
Cephalohematoma
It often appears several hours after birth as a raised bump on the baby’s head due to bleeding between the skull and its covering. The body reabsorbs the blood over time. Large areas of bleeding may cause jaundice due to the breakdown of red blood cells.
Kernicterus
Related to jaundice, kernicterus is a serious issue that occurs when levels of bilirubin rise to a dangerous amount, which can cause brain damage. If treatment is started early on, any brain damage could be reversed.
Spinal Cord Injuries
Typically affecting the neck area, any spinal cord injuries suffered by a baby require immediate medical attention. Depending on the extent of the damage, the injury may never heal completely; however, treatments can improve a child’s quality of life.
Subconjunctival Haemorrhage
A very common injury that breaks small blood vessels in the baby’s eyes. A bright red band in the white part of the eye appears in one or both of the eyes, which is usually absorbed in a week to 10 days and doesn’t cause eye damage.
Common Childbirth Injuries to the Mother
The mother’s safety and dignity are equally critical during delivery. Injuries we help clients with include:
Perineal Tears and Poor Episiotomy Management
When missed third and fourth-degree perineal tears are left untreated or incorrectly repaired, these can cause chronic pain or incontinence.
Postpartum Haemorrhage
Where delayed response leads to severe blood loss and ongoing complications.
Internal organ damage during a C-section
When surgical errors occur during a caesarean section, organs like the bladder or bowel may be accidentally injured. This can lead to infections, long-term pain, and the need for further corrective surgeries.
Pre-eclampsia
A serious condition marked by high blood pressure during pregnancy, pre-eclampsia requires timely diagnosis and careful management. Delays in treatment can endanger both mother and baby, potentially leading to seizures or organ failure.
Placental abruption or Retained Placenta or Instruments
Poorly repaired episiotomies
Postnatal depression or posttraumatic stress disorder (PTSD)
Negligent care during childbirth can lead to emotional trauma, triggering postnatal depression or PTSD. These conditions may affect bonding, self-esteem, and long-term mental health without early support.
Uterine ruptures or prolapses
A uterine rupture is a rare but dangerous emergency, often linked to VBAC or poor monitoring. Uterine prolapse, if untreated, can lead to chronic discomfort, incontinence, and further complications.
Infections
Postpartum infections, such as endometritis (infection of the uterine lining), can occur if proper sterilisation and care are not maintained. These infections can lead to severe illness and require prompt antibiotic treatment.
Nerve Damage
Labor and delivery can sometimes cause damage to the nerves in the pelvic region, leading to long-term pain, numbness, or mobility issues
Where can Medical Negligence occur?
Public & Private Hospitals
Public & Private Maternity Wards
Public Cosmetic Hospitals
Dental Surgeries
Opticians
Experienced Childbirth Injuries to Mother or Child? Gibson & Associates Can Support You
1. Compassionate First Contact
We begin with a free, confidential chat—you tell your story at your own pace. We don’t pressure you to decide immediately; we’re here to listen.
2. Medical Review with Trusted Experts
If your situation aligns with possible negligence, we:
If potential negligence is identified, we collect your HSE or private hospital records and work with independent medical experts to uncover whether standards were breached and how it impacted you.
3. Handle the Legal Journey for You
Legal claims can feel overwhelming. We manage every part:
- Formal requests for medical documentation and records
- Expert medical and legal reports
- Communication with hospitals and insurers
- Negotiation or court representation (most settle before trial)
You stay informed—but we protect your time and energy.
4. Clear, Compassionate Communication
We explain every step in everyday language—no jargon. We break down each stage, explain choices clearly, and make sure you always know why we’re moving forward and when.
5. Claiming What You Deserve
Compensation may include:
General damages for pain, suffering, and loss of lifestyle.
Special damages for treatment costs, rehabilitation, home support, lost earnings, and travel
Time Limits for Medical Negligence Claims in Ireland
You have two years to start a medical negligence claim* from the date of injury or from when you became aware of the negligence (“date of knowledge”).
For children, a claim can be made any time before they turn 18, after which they have two years to claim themselves.
If the injury isn’t discovered immediately, the time limit may begin from the date it was identified by a doctor or medical expert
Why you can trust Gibson & Associates LLP

Client-Focused Results
If your case qualifies, we’ll pursue it with determination and diligence to get the best possible result for you

Clear & Honest Guidance
We offer transparent, straightforward advice on the strength of your case and the likely outcomes—no legal jargon.

Accredited & Trusted
We are proud members of the Law Society of Ireland, delivering expert legal services with integrity and care.

Experienced Personal Injury Solicitors
Our dedicated team has years of experience handling personal injury claims — from road traffic accidents to workplace injuries.
Birth Injury Treatments and Support Options
If your child or you have been affected by a childbirth injury, timely treatment is crucial. We support clients in accessing both medical and rehabilitative care, such as:
Physiotherapy
Physiotherapy helps babies and children improve movement, reduce pain, and regain physical function for daily activities like walking and playing. It supports conditions such as cerebral palsy, brachial palsy, and muscle coordination issues. It also boosts strength, balance, and posture. Babies with jaundice may receive phototherapy using light to reduce bilirubin levels.
Surgical Interventions
Not all birth injuries require surgery, but it may be necessary for serious conditions like brachial palsy, brain haemorrhages, or skull fractures. Surgery can help manage symptoms, stop internal bleeding, or remove clots in cases of brain damage. In severe jaundice, a blood transfusion may be needed to replace pigment-rich blood.
Occupational Therapy
Occupational therapy supports babies and children with cognitive, physical, and sensory challenges. It helps improve fine motor skills, hand-eye coordination, and basic tasks like brushing teeth. Therapy also encourages positive behaviour, focus, and social development. It can assist with managing outbursts and learning difficulties.
Psychological Support
Psychological support helps both children and parents cope with trauma and grief caused by birth injuries. It provides a safe space to express emotions and work through difficult experiences. Therapy can reduce anxiety, depression, and stress related to the injury. This support promotes emotional healing and resilience for the whole family.
Supporting Communication and Learning After Birth Injury
Children with birth injuries may face challenges in communication, learning, and cognitive development. Long-term educational support helps them access tailored learning strategies and special education resources. Speech and language therapy improves their ability to understand and express themselves. Together, these services build confidence and support academic and social growth.
Medication
Medications for birth injuries are used when needed to manage pain, seizures, or cognitive issues. The type depends on the injury’s severity. Common prescriptions include pain relievers, anti-spastic drugs, seizure medications, anticholinergics, Botox, and stool softeners.
We work closely with medical experts to assess long-term needs—and fight for compensation that reflects the true scope of care and support required.
Childbirth Injuries to Mother or Child? Here are some Gentle Steps for You Right Now
- Pause and seek support. Your recovery is the priority—lean on trusted family, friends, or support services.
- Collect any records you have. Even notes or receipts could be meaningful later.
- Reach out when you’re ready. We offer free initial chats to explain timelines (including the 2‑year deadline from awareness of harm) and what a claim might involve.
- Respect your pace. There is no pressure to proceed; we’re here to support you when you choose.
How We Support You and Your Newborn Baby through Childbirth Injuries
If you feel you are the victim of a childbirth injury or that your health suffered as a result of negligence on the part of a medical professional, it may be helpful to get in touch with an experienced solicitor in order to have your case assessed
At Gibson & Associates LLP, we offer specialist knowledge to Irish claimants in cases of childbirth injury, and we can assess your case for compensation with the utmost care and attention to detail.
Medical Assessment
Arranging medical assessment to identify your needs.
Handling Communications
Handling all communication throughout the process
Exploring Legal Options
Exploring options to help you decide what is best for you
Court Representation
Representing you in court if this is needed
Our Dedicated Medical Negligence Team

Daireann Gibson
Managing Partner

Amanda Walsh
Partner

Anna O’Donoghue
Solicitor

Blathin Cassidy
Soilcitor

Sarah McDaid
Senior Legal Executive
Medical Negligence FAQ's
1. Is there a time limit before engaging with a solicitor?
Legal proceedings must be commenced within two years of the date of knowledge of the injury, subject to certain exceptions. In a lawsuit, the ‘date of knowledge’ refers to the date on which the plaintiff knew or ought to have known that he or she had suffered an injury.
An important exception is in the case of persons under the age of 18, who are described in law as minors or infants. For minors, the Statute of Limitations ‘clock’ does not begin until a child reaches their eighteenth birthday. For more information see Child Injury Claims.
2. What will compensation cover?
Compensation for a brain injury claim may cover medical expenses, lost wages, future medical bills, future lost earnings, and will take into account the impact of the injury on the individual’s quality of life. Our brain injury solicitors assess each case thoroughly to determine an outcome that is in your best interests.
3. How do I access my medical records?
A copy of your medical records can be requested from the hospital, clinic, or medical professional that treated you under the Freedom of Information Act. Alternatively, we can arrange to obtain a copy of your records on your behalf; to do so, you will need to sign an authority form that gives us permission to obtain your records.
4. What does 'No Win, No Fee' mean?
The concept of “no win, no fee” (also known as “no foal, no fee”) is common practice among solicitors in Ireland. Under this type of agreement, the solicitor will take on your personal injury or any other type of case, and if the case isn’t won, the solicitor won’t charge you a fee. The sole purpose of “no win, no fee” is to give you the legal power to pursue a claim regardless of your financial state or legal experience.
5. How Long will the Medical Negligence claim take?
As a term used in personal injury litigation, general damages refer to the amount placed on the victim’s pain and suffering, which may include psychological trauma, loss of consortium, etc. In essence, general damages relate to non-monetary losses suffered by the claimant and which are not capable of exact quantification.
The term special damages refers to monetary losses that are quantifiable, such as medical treatment expenses or income loss that has been certified. These are consequential financial losses suffered by you which are directly to the negligent treatment and harm caused.
In other words, these are ‘out-of-pocket’ expenses incurred which might also include the cost of corrective surgery or treatment, medication, rehabilitation costs, travel expenses, and so on.
Case Studies
Medical Negligence
Delayed Diagnosis of Endometriosis in Ireland: A Growing Area of Medical Negligence Litigation
Delayed diagnosis of endometriosis can have life-changing consequences, including chronic pain, disease progression, and reduced fertility. Understanding when a delay may amount to medical negligence is essential for patients seeking answers and accountability.
Cosmetic Surgery Gone Wrong — What Are Your Rights in Ireland?
Cosmetic surgery is on the rise across Ireland, but when procedures go wrong due to medical negligence, the consequences can be devastating. From botched operations to inadequate aftercare, understanding your legal rights is essential to seeking justice and compensation.
Birth Injury Claims: What Parents Need to Know in Ireland
Birth injuries can have lifelong consequences for both child and parent. If medical negligence is suspected—such as delayed Caesarean sections or mismanaged labour—parents may be entitled to pursue a claim. In Ireland, claims can be made on behalf of the child or mother, with extended time limits applying to minors.
Disability Assessment Backlog Set to Exceed 24,000: Legal Support Now More Vital Than Ever
Thousands of children in Ireland are waiting far too long for legally required Assessments of Need. If your child’s rights have been breached, our judicial review team can help you take action.
Medical Negligence FAQ's
1. Is there a time limit before engaging a solicitor for my potential medical negligence action?
There is no separate deadline for engaging a solicitor in Ireland, but medical negligence actions are generally subject to a two-year limitation period. Seeking legal advice as early as possible is important, as investigating a case requires obtaining medical records, consulting experts, and preparing evidence before any limitation period expires.
2. What can I recover by way of compensation if my case succeeds?
Compensation depends on the circumstances of your case and may include damages for pain and suffering, medical expenses, loss of earnings, care costs, rehabilitation, travel expenses, and other financial losses caused by the negligence. In some cases, compensation may also cover future treatment needs and ongoing losses.
3. How do I access my medical records?
We can request your medical records on your behalf once you sign a form of authority. This allows us to obtain records directly from hospitals, GPs, consultants, and other healthcare providers involved in your treatment. Reviewing these records is often an essential first step when investigating a potential claim.
4. What does ‘No Win, No Fee’ mean?
A No Win, No Fee arrangement means we will not charge for our professional legal services if your case is unsuccessful, subject to the terms of our agreement. However, certain expenses, such as expert reports, medical records, and court fees, may still be payable unless otherwise agreed in writing.
5. How long will a Medical Negligence Claim take?
There is no fixed timeframe for a medical negligence claim. The process can take months or several years, depending on the complexity of the case, the availability of medical evidence, whether liability is disputed, and if court proceedings are required. We will keep you updated throughout the process and progress your case as efficiently as possible.

