Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Birth injury law covers situations where a baby or mother suffers harm during pregnancy, labour, delivery or immediately after birth because of negligence or an avoidable medical error. In Gorey, as elsewhere in the Republic of Ireland, these cases are treated as clinical negligence or medical malpractice matters. The aim of legal action can be to obtain compensation for the injured child and family, and to secure funding for care, rehabilitation and any specialist equipment that may be needed long-term.
Cases in Gorey typically involve local maternity services, GPs who referred the mother to hospital, and hospitals or clinicians in County Wexford or regional centres. If the injury occurred in an HSE-funded hospital, the State Claims Agency commonly handles claims on behalf of the HSE. Private hospital and consultant claims are handled through private insurers or the clinician directly.
Birth injury cases are legally and medically complex. You may need a lawyer when the injury appears to be linked to substandard care, delayed diagnosis, incorrect use of instruments, improper management of labour, failure to respond to fetal distress, medication errors, or failures before or after birth that affected the child.
A solicitor experienced in clinical negligence can help in many ways: assessing whether negligence likely occurred, advising on prospects of success, gathering medical records, instructing independent medical experts, calculating present and future losses, negotiating with the State Claims Agency or insurers, and taking court proceedings if necessary.
People commonly seek legal help when they need funding for lifetime care, when medical opinions conflict, when healthcare providers do not explain what happened, or when the family faces long-term financial, emotional and practical consequences that require expert assessment and compensation planning.
Key legal principles in Ireland that apply to birth injury claims include the law of negligence, the requirement to prove a breach of the standard of care that caused injury, and strict time-limits for bringing claims. Negligence claims require medical evidence showing that the care fell below a competent standard and that this caused the injury.
Time-limits are important. Under Irish limitation rules, personal injury claims are generally brought within two years from the date when the injured person knew, or should reasonably have known, about the injury and its cause. Special rules apply for children - the limitation period is typically paused until the child reaches adulthood, so the child has two years after reaching 18 to start proceedings, subject to specific circumstances. There are also provisions for people who lack capacity.
Clinical negligence cases against the HSE are commonly managed by the State Claims Agency. Claims against private providers are handled by their insurers. Some pre-action steps and protocols apply in clinical negligence matters - for example a requirement to obtain and exchange relevant medical records and expert reports before issuing court proceedings. Complex cases may be pursued in the Circuit Court or High Court depending on the value and legal issues involved.
There are also regulatory and investigatory bodies that can be involved. The Medical Council regulates doctors, HIQA (Health Information and Quality Authority) inspects and reports on services, and the HSE has its own complaints processes. Regulatory outcomes are separate from civil claims for compensation.
A birth injury is any physical or neurological harm to the baby or mother that occurs during pregnancy, labour, delivery or immediately after birth. Examples include brain injuries resulting in cerebral palsy, fractures, nerve injuries, hypoxic-ischaemic encephalopathy from lack of oxygen, and injuries related to incorrect use of instruments like forceps or vacuum extractors.
Valid claims generally require evidence that the healthcare provider breached the standard of care and that this breach caused the injury. A solicitor will review medical records and likely obtain independent medical expert opinions to assess whether care was deficient and whether causation can be established.
Time-limits are strict. Typically you must start a personal injury claim within two years from the date you knew, or should reasonably have known, about the injury and its cause. For babies and children, the limitation period often does not begin until they reach the age of 18, giving them two years after that to commence proceedings. You should seek advice early to avoid missing deadlines.
If the injury arose from care in an HSE-run hospital or service, the State Claims Agency usually handles claims on behalf of the HSE. Your solicitor will deal with the Agency during the investigation and negotiation stages. The process differs from private insurance claims mainly in who represents the healthcare provider.
Clinical negligence claims are typically excluded from the Injuries Board process, which deals with many personal injury claims but not medical negligence. Clinical negligence cases usually follow pre-action protocols and, if not resolved, proceed to the courts.
Compensation can cover general damages for pain and suffering, special damages for past and future financial losses, cost of future care and therapy, medical and equipment costs, adaptations to home, loss of earnings or reduced earning capacity, and in some cases damages for the cost of future nursing or educational support.
Resolution times vary widely. Some cases settle within months if liability is clear and parties agree on damages. Complex birth injury claims, especially those requiring multiple expert reports or involving lifelong care, can take several years to settle or conclude at trial.
Legal aid in civil cases is means-tested and subject to availability. Serious clinical negligence claims sometimes qualify for legal aid, but many families use private solicitors on a fixed fee, conditional fee, or private retainer basis. Discuss funding options with a solicitor early.
Yes. Independent medical expert evidence is central to proving breach and causation in birth injury claims. Your solicitor will usually arrange expert reviews of the maternity records and clinical care to form an opinion on liability and prognosis.
Record and preserve all medical information - keep hospital discharge papers, notes from appointments, and any correspondence. Request copies of medical records from the hospital or GP as soon as possible. Seek medical assessments and specialist opinions for the child. Contact a solicitor experienced in clinical negligence to discuss next steps and protect your legal position.
There are national organisations and public bodies that can help with information, complaints, regulation and support. Relevant bodies include the Health Service Executive (HSE) for public healthcare queries and records, the State Claims Agency for claims involving HSE services, the Medical Council for complaints about doctors, HIQA for standards of health services, the Legal Aid Board for information on legal aid, and the Law Society of Ireland for finding a solicitor with appropriate experience.
Support and condition-specific charities can provide practical assistance and community support. Examples include organisations that support families affected by cerebral palsy, neonatal injuries, or other long-term developmental conditions. Local health and social services in County Wexford can advise on community supports and access to care.
If you believe a birth injury has occurred, take the following steps:
1. Seek medical care and ensure ongoing treatment and assessments are in place for the child. Medical priorities come first. Keep clear records of all treatments, appointments and expenses.
2. Request your child and mother s full medical records from the hospital and any involved GPs. Ask for copies rather than summaries.
3. Contact a solicitor who specialises in clinical negligence and birth injury. Provide them with your documents and a clear chronology of events. Early legal advice can help preserve evidence and meet important time limits.
4. Consider practical planning for the child s needs - speak to occupational therapy, physiotherapy and local disability support services about immediate and long-term supports.
5. Prepare for an evidence-led process - your solicitor will likely arrange independent expert medical reviews and prepare a formal claim if advised. They will explain possible funding options and likely timelines.
Seeking specialist legal advice early will ensure your family s position is protected, that you understand your options for compensation and care funding, and that you are linked into appropriate medical and social supports locally in Gorey and County Wexford.
