Birth Injury Due to Delayed Caesarean Section
Author Ritika Ritika Tiwari is a Digital Marketing Executive based in Dublin with over four years of experience in digital marketing, branding, and social media strategy. She began exploring the marketing industry at the age of 17 and has since developed expertise in content creation, social media campaigns, lead generation, and digital storytelling.
Published: 30 Jul, 2025
Author: Ritika
Read Time: < 1 min
Background
A 34-year-old first-time mother sustained significant injuries during the birth of her child due to substandard medical care. Despite clear indicators that a caesarean section was needed, labour continued naturally, leading to preventable complications.
The Medical Negligence
The client suffered a third-degree perineal tear as a result of shoulder dystocia during labour. Expert analysis concluded that, on the balance of probabilities, these injuries could have been avoided if a caesarean section had been performed either before or during labour.
Key Legal and Medical Issues
- Failure to Act: Medical staff failed to intervene with a caesarean section when labour became complicated.
- Injury Causation: Establishing that the injuries directly resulted from delays and decision-making during labour.
- Expert Testimony: Required to support claims regarding liability and causation.
Outcome of Case
In May 2025, a settlement of €70,000 plus full legal costs was secured. This result acknowledged the harm endured and ensured accountability for the medical failings.
Legal Significance
This case stood out due to:
- Complex Causation Analysis: Required clear linkage between medical actions and injuries.
Specialist Medical Input: Expert reports were critical to establishing liability and proving the injuries were avoidable.
How G&A Supported This Client
Gibson & Associates took a strategic and thorough approach to building the case:
- Commissioned medical expert reports to assess liability and causation.
- Investigated medical records and labour timelines to identify failures in duty of care.
- Issued proceedings in June 2022 and managed all aspects of litigation through to resolution.
Thoughts from our legal team
“This case highlights the critical importance of timely medical intervention during childbirth. We were proud to support our client through this deeply personal journey, ensuring her voice was heard and that accountability was achieved. The settlement reflects the avoidable nature of her injuries and the need for higher standards of care in maternity services.”
Anna O’Donoghue, Solicitor, Gibson & Associates
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