Best Birth Injury Lawyers in Passage West

About Birth Injury Law in Passage West, Ireland

Birth injury law deals with harm suffered by a mother or baby during pregnancy, labour, delivery, or the immediate postnatal period that may have been avoidable with proper care. People living in Passage West typically receive maternity care in the wider Cork area, including public services run by the HSE and private providers. If standards fall below what a reasonably competent clinician would provide and that lapse causes injury, a clinical negligence claim may arise. These claims are complex and rely on medical evidence, detailed records, and expert analysis of what happened and why.

Why You May Need a Lawyer

You may need a lawyer if you suspect avoidable injury such as hypoxic-ischemic brain injury, cerebral palsy, shoulder dystocia injury, maternal hemorrhage, infection, or delayed diagnosis and treatment during labour. A lawyer helps to obtain and review maternity and neonatal records, identify independent medical experts, evaluate whether the standard of care was breached, and prove that the breach caused the outcome. They can advise on strict time limits, support you through complaints processes and any coroner involvement, value lifetime care needs, and deal with the HSE State Claims Agency or insurers. Most serious birth injury cases involve the High Court and require careful case management, negotiation, and where needed, trial advocacy.

Local Laws Overview

Clinical negligence test - In Ireland, you must show duty of care, a breach of that duty measured against accepted practice for competent clinicians, and causation linking the breach to the injury. Courts apply the Dunne principles, which look at whether the care accorded with a practice accepted as proper by a responsible body of professionals and whether that practice was itself defensible.

Time limits - The general limitation period for personal injury is two years less one day from the date of knowledge of the injury. For children, time does not usually start until their 18th birthday, but early investigation is crucial to secure evidence and meet practical deadlines. Different rules apply in fatal cases, where dependants typically have two years from the date of death.

Records and data rights - You can request records from hospitals and GPs under GDPR and the Data Protection Act 2018. For public hospitals, you may also use Freedom of Information. Parents or legal guardians can generally request their child’s records, subject to safeguards.

Letters of claim and pleadings - Under the Civil Liability and Courts Act 2004, a letter of claim should be sent as soon as practicable and within two months of the incident where possible. Pleadings must be verified by affidavit. Early expert input is standard practice in medical negligence before issuing court proceedings.

PIAB exclusion - The Personal Injuries Assessment Board does not assess medical negligence claims in Ireland. Clinical negligence cases are issued in the courts, most often in the High Court given their complexity and value.

Damages and guidelines - General damages for pain and suffering are guided by the Judicial Council Personal Injuries Guidelines. In serious birth injury cases, the largest components are often special damages for lifelong care, therapies, equipment, housing adaptations, and loss of earnings. Periodic Payment Orders may be available in catastrophic injury cases to provide annual payments for future care and treatment, subject to statutory criteria and usually by agreement.

Costs and mediation - The general rule is that the unsuccessful party pays a significant portion of the successful party’s legal costs, subject to court discretion. Solicitors must advise clients about mediation under the Mediation Act 2017. Percentage-based contingency fees are prohibited in Ireland.

Complaints, regulation, and safety - The HSE operates Your Service Your Say for complaints. The Medical Council and the Nursing and Midwifery Board of Ireland regulate practitioners. Open disclosure of patient safety incidents is supported by law and policy, and certain serious incidents are now subject to mandatory open disclosure duties.

Inquests - If there is a stillbirth or neonatal death in circumstances of concern, the Cork City coroner may hold an inquest. An inquest determines the fact and cause of death and does not decide civil liability, but the evidence can be relevant to a later claim.

Frequently Asked Questions

What counts as a birth injury and how is it different from a congenital condition?

A birth injury is harm caused during pregnancy, labour, delivery, or shortly after birth, such as brain injury from lack of oxygen, fractures, brachial plexus injury, or maternal hemorrhage. A congenital condition is something present due to genetics or development in the womb and may not be caused by care. A claim focuses on whether the care fell below accepted standards and caused or materially contributed to the injury.

Do birth injury claims go through PIAB in Ireland?

No. Medical and clinical negligence claims are excluded from the Personal Injuries Assessment Board process. They proceed directly through the courts, typically the High Court for serious cases.

What are the time limits for bringing a claim for a child injured at birth?

Generally, there is a two year time limit from the date of knowledge of the injury. For a child, time usually starts on their 18th birthday, meaning a claim can be brought up to their 20th birthday. In fatal cases, the limit is typically two years from the date of death. Early action is still vital to secure records, expert opinions, and witness evidence.

How do I get copies of my maternity and neonatal records?

You can make a data access request to the hospital or GP under GDPR and the Data Protection Act 2018. For public hospitals, Freedom of Information may also apply. Request the full maternity chart, CTG traces, medication charts, neonatal notes, imaging, laboratory results, and any incident reports. Keep copies of your own notes, appointment cards, and photographs.

Do I need an expert medical report before I can start a case?

Yes in practice. Clinical negligence claims are expert driven. A solicitor will usually obtain independent expert opinions on liability and causation before issuing proceedings to assess whether care fell below accepted standards and whether that caused the outcome.

Will I have to go to court in Dublin or can a case be heard near Passage West?

Most clinical negligence cases issue in the High Court. Hearings can be listed in Dublin or on High Court circuits, including sittings in Cork. Many cases settle before trial, often after exchange of expert reports, mediation, or settlement meetings.

How long do birth injury cases usually take?

Serious cases can take several years due to the need for multiple expert reports, assessment of long term needs, and court timetables. Interim applications may address urgent needs. Early engagement and focused case management can shorten timelines and promote earlier settlement.

How are compensation and future care costs assessed?

Compensation covers general damages for pain and suffering within the Judicial Council guidelines and special damages for financial loss. In birth injury cases, special damages often include lifelong care and case management, therapies, equipment, housing adaptations, transport, education supports, and loss of earnings or earning capacity. In suitable catastrophic cases, Periodic Payment Orders may provide index linked annual sums for future care and treatment.

How do legal fees and no win no fee arrangements work in Ireland?

Irish law prohibits solicitors from charging fees as a percentage of damages. Solicitors must give you a written notice explaining how fees will be calculated. Some firms may agree to act on a no win no fee basis, but you could still be responsible for the other side’s costs if you lose. Discuss funding, insurance options, and cost risk with your solicitor at the outset.

What if there was a coroner's inquest after a stillbirth or neonatal death?

An inquest establishes who the deceased was, and when, where, and how the death occurred. It does not decide civil liability. Evidence given can assist later civil proceedings. A solicitor can help you prepare for the inquest, protect your interests, and coordinate with any potential claim.

Additional Resources

HSE Your Service Your Say patient complaints service.

State Claims Agency for claims involving public healthcare providers.

Medical Council of Ireland for regulation of doctors.

Nursing and Midwifery Board of Ireland for regulation of midwives and nurses.

Health Information and Quality Authority for healthcare standards and inspections.

Citizens Information for clear explanations of rights and procedures.

Courts Service of Ireland for information on court processes and venues.

Free Legal Advice Centres for independent legal information clinics.

Irish Neonatal Health Alliance for family support and advocacy.

Enable Ireland and the Jack and Jill Children’s Foundation for supports with complex care needs.

Next Steps

Write down a clear timeline of what happened before, during, and after the birth, including names of clinicians and any conversations you recall. Keep all letters, discharge summaries, appointment cards, and photographs together and back them up.

Request full copies of maternity and neonatal records using a GDPR data access request. Ask for CTG traces, partograms, medication charts, neonatal notes, imaging, and lab results. If care was provided by more than one provider, request records from each.

Take early legal advice from a solicitor experienced in Irish birth injury cases. Ask about expertise with complex paediatric and obstetric claims, expert networks, funding options, and realistic timelines.

Consider making a complaint to the HSE or provider to obtain explanations and to support open disclosure, but do not delay seeking legal advice. Sending a timely letter of claim can protect your position on costs.

Discuss with your solicitor the need for independent expert reports on liability, causation, and condition and prognosis, as well as assessments for future care, therapies, housing, and assistive technology.

Avoid discussing details of your potential claim on social media. Keep communications private and store documents securely.

If there has been a death or serious incident, ask your solicitor about supporting you at any coroner’s inquest and about preserving evidence.

Review settlement options, mediation, and the potential role of Periodic Payment Orders in meeting long term needs. Ensure any settlement reflects full lifetime requirements and public benefit interactions.

Act promptly. Even where time limits for a child are extended, early investigation improves the quality of evidence and can make a significant difference to the outcome.