When a birth injury relates specifically to a child, and where the mother is unharmed, it is important to keep in mind that babies are born with complications every day, but this does not necessarily mean anyone is at fault. When seeking compensation for an injury sustained to your child, you must provide evidence of a breach of duty by the caregiver to the child.
A test done by the Supreme Court, in association with the National Maternity Hospital, set out the bar that must be reached to show that there was a failure in the ordinary standard of care that is owed to the mother and the baby.
If you can satisfy a court, based on expert evidence that there has been a breach of that duty and that harm has flowed from that breach, then you are entitled to be compensated – if you have ticked all those boxes.
If your child has suffered an injury during pregnancy or childbirth, or developed a condition such as cerebral palsy as a result of a malpractice during labour or delivery, you may have further questions about your eligibility to bring a compensation claim against the care provider. Please see our main birth injury page for details. Alternatively, get in touch with our expert medical negligence solicitors for further advice.
You may find some of the following resources useful if your child sustained an injury or was born with a severe disability.
Enable Ireland provides services to children and adults with disabilities and their families from over 40 locations in 15 counties across Ireland.
To find out more, visit their website here: https://www.enableireland.ie/
The Association for Improvements in Maternity Services (AIMS) Ireland sets out to inform the public on models of care, birth practices and settings, which are supported by evidence-based research and international best practices.
Visit their website here for further details: http://aimsireland.ie/
The National Institute of Neurological Disorders and Stroke provide this excellent resource on cerebral palsy here: https://www.ninds.nih.gov/Disorders/Patient-Caregiver-Education/Hope-Through-Research/Cerebral-Palsy-Hope-Through-Research
Central Remedial Clinic (CRC)
CRC has a mission to work “together to make a positive difference to the lives of people with disabilities, their families, and carers”.
Take a look at their babies and toddler page here: https://www.crc.ie/what-we-do/for-babies-toddlers/
Frequently asked questions
We have also developed a series of birth injury related video FAQ guides. You may find these guides useful for any answering any other questions you may have on this subject. Take a look at the FAQ videos here.