Birth Injury Claims: A Step-by-Step Guide to Seeking Justice and Compensation

What happens when something goes wrong during childbirth?

You spend months waiting to meet your baby, imagining what it will feel like to hold them for the first time. It’s supposed to be one of the happiest moments of your life. But when things don’t go as planned, that joy can quickly turn into fear and heartbreak.

A birth injury doesn’t just affect the baby. It affects the whole family. When a birth injury happens because of a medical mistake, families deserve answers. They deserve help. 

A birth injury claim can make sure you get the support you need to give your child the best care possible. It’s not about money, it’s about doing what’s right for your child and making sure no other family goes through the same thing.

The idea of taking legal action can feel scary, especially when you’re already dealing with so much. But you don’t have to figure this out on your own. 

Kearney Law Group has helped families through this process, making sure they get the answers and support they need. They know this isn’t just a case, it’s your child’s future.

This guide will walk you through what to expect if you decide to make a birth injury claim. 

No parent should have to go through this alone, and there is help available to make sure your child gets the care they need.

What is Birth Injury Claims?

A birth injury claim is a legal process that allows families to seek compensation when medical negligence during pregnancy, labour, or delivery leads to harm. 

Not all birth complications are preventable, but when a doctor, midwife, or hospital fails to provide an acceptable standard of care, they can—and should—be held responsible.

What is considered medical negligence in birth injury cases?

Medical negligence occurs when a healthcare provider fails to take the appropriate steps to ensure a safe delivery. 

Some common examples of negligence in birth injury cases include:

• Lack of Oxygen (Hypoxia) and Brain Damage

Doctors and midwives are responsible for monitoring a baby’s oxygen levels during labour. 

If the baby isn’t getting enough oxygen and this goes unnoticed or untreated, serious conditions like cerebral palsy or hypoxic-ischemic encephalopathy (HIE) can develop. 

These conditions affect brain function, potentially causing lifelong disabilities, movement disorders, or cognitive impairments.

Warning signs like a slow heart rate or changes in movement—should be picked up quickly by medical staff. If they fail to act in time, the baby’s brain may suffer permanent damage. 

In some cases, the effects might not be obvious right away but become clearer as the child grows and starts missing developmental milestones.

• Improper Use of Forceps or Vacuum Extractors

During difficult deliveries, doctors sometimes use forceps or vacuum extractors to help guide the baby out. While these tools can be life-saving when used correctly, they also come with risks. 

If too much force is applied, a baby can suffer nerve damage, skull fractures, or brain bleeding.

A common birth injury from this is brachial plexus injury (Erb’s palsy), where the nerves controlling the baby’s arm are stretched or torn, leading to weakness or even paralysis in the arm. 

In severe cases, the child may need surgery or long-term therapy to regain movement.

• Delayed Emergency C-Section

In some cases, an emergency C-section is the safest option to protect both the baby and mother. 

Doctors must act quickly if signs of distress appear—such as a baby’s heart rate dropping or the umbilical cord being compressed. 

If they delay too long, the baby may go without oxygen, increasing the risk of brain damage, physical disability, or even death.

Some delays happen because medical staff fail to recognize the urgency of the situation. Others are due to hospital inefficiencies, like not having enough staff or operating rooms ready. 

No matter the cause, when an emergency C-section is delayed, it can lead to serious, preventable harm.

• Mismanagement of Maternal Health Conditions

Pregnancy doesn’t just involve the baby, mothers also need careful monitoring, especially if they have health conditions like preeclampsia, gestational diabetes, or infections. 

If a doctor doesn’t properly manage these conditions, both mother and baby can be at risk.

• Preeclampsia (high blood pressure in pregnancy) can lead to seizures or stroke if untreated. It also affects blood flow to the baby, leading to low birth weight or oxygen deprivation.
• Gestational diabetes increases the risk of a baby growing too large (macrosomia), making delivery more difficult and increasing the chances of birth trauma or emergency C-section.
• Infections like Group B Strep (GBS) or untreated maternal fevers can pass to the baby during birth, sometimes leading to sepsis, meningitis, or lifelong disabilities.

Proper prenatal care and monitoring are critical. If a mother’s health is not taken seriously, it can lead to dangerous complications during birth.

• Failure to Diagnose or Act on Fetal Distress

During labour, medical teams must closely monitor the baby’s heart rate and overall condition. If there are signs of distress, like an irregular heartbeat, reduced movement, or problems with the umbilical cord, doctors must act immediately.

Ignoring or misinterpreting these signs can result in brain damage, physical disabilities, or in the worst cases, stillbirth. 

Many of these tragedies are preventable with proper medical attention. Simple actions, such as adjusting the mother’s position, providing oxygen, or performing a timely C-section, can make a huge difference in a baby’s outcome.

Why These Mistakes Happen?

Medical professionals are trained to handle births, but mistakes still happen—sometimes due to lack of attention, miscommunication, or delays in hospital procedures. 

While not every birth complication is avoidable, errors that stem from negligence should never happen.

Parents trust doctors and midwives to make the right decisions during labour and delivery. 

When that trust is broken and a baby is harmed, families deserve answers and support to ensure their child gets the best possible care for the future.

These types of errors can leave families with lifelong challenges, from ongoing medical treatments and therapy to adapting their homes for a child with disabilities.

How to Make a Birth Injury Claim in Northern Ireland

Making a birth injury claim may feel overwhelming, but understanding the steps involved can help you feel more in control.

1. Seek Legal Advice from a Specialist Solicitor

Birth injury claims can be complex, requiring detailed medical evidence and expert testimony. Consulting with a solicitor experienced in medical negligence cases is the first step. 

They will review your case, explain your rights, and help determine whether you have grounds to make a claim.

2. Gathering Medical Evidence

Proving that a birth injury was caused by negligence requires strong medical evidence. This can include:

• Hospital and maternity records detailing the pregnancy, labour, and postnatal care.
• Statements from medical professionals, including independent expert opinions.
• Witness testimony, including accounts from midwives, nurses, or family members present during the birth.
• Evidence of the impact on your child’s life, such as specialist reports on long-term care needs.

A solicitor will request these records and work with medical experts to build a strong case.

3. Establishing Negligence

To succeed in a birth injury claim, you must prove that:

• A healthcare provider had a duty of care to you and your baby.
• That duty of care was breached.
• The breach directly caused harm.

This step is critical and often requires testimony from independent medical experts who can assess whether the care you received fell below acceptable standards.

4. Filing the Claim

Once the evidence is gathered, your solicitor will formally file the claim. The defendant (usually an NHS trust or private healthcare provider) will have the opportunity to respond.

In some cases, the defendant may accept responsibility and offer a settlement. If they deny negligence, the case may proceed to court. 

While many birth injury claims are settled without trial, legal teams prepare each case as if it will go to court to ensure the best possible outcome.

5. Negotiation and Compensation

Reaching a fair settlement is the goal, ensuring families receive the financial support needed for medical care, therapies, and adjustments to daily life. 

Legal teams handle negotiations to secure the best possible outcome, whether through settlement or court proceedings.

What Compensation Can You Receive?

Compensation is intended to ease the financial burden that comes with a birth injury. In Northern Ireland, damages are typically split into two categories:

1. General Damages

This covers the pain, suffering, and loss of quality of life caused by the birth injury. The severity of the injury and its long-term impact will determine how much compensation is awarded.

2. Special Damages

This covers financial losses, such as:

• Medical and rehabilitation costs
  including surgeries, physical therapy, and specialist equipment.
  
• Ongoing care
  if the child requires round-the-clock support.
  
• Loss of earnings
  if a parent has to give up work to become a full-time caregiver.
  
• Home modifications
  such as wheelchair access or assistive technology.

Emotional and Practical Support for Families

Legal action is just one part of the journey. Families dealing with birth injuries also need emotional and practical support.

• Specialist medical care
  including physiotherapy, speech therapy, and occupational therapy.
• Counselling and mental health services
  for parents coping with trauma.
• Financial advice
  on managing compensation funds for long-term care.
• Support groups
  to connect with other parents facing similar challenges.

Moving Forward with Strength and Support

No parent should have to watch their child suffer because of a preventable medical mistake. The physical, emotional, and financial toll of a birth injury can be overwhelming, leaving families unsure of where to turn. 

The truth is, while nothing can undo the harm caused, securing justice and financial support can make a real difference in your child’s future.

Compensation from a birth injury claim isn’t just about money, it’s about giving your child the best possible care, access to medical treatments, and long-term support. 

It can help cover specialist therapies, home adaptations, mobility aids, and even loss of income if a parent needs to stay home as a full-time caregiver. More than that, holding medical professionals accountable can help prevent similar mistakes from happening to other families in the future.

If you believe your child’s injury was caused by medical negligence, you don’t have to go through this alone. 

Taking legal action might feel overwhelming, but the right support can ease the process. 

A dedicated legal team can help you understand your rights, gather the necessary evidence, and fight for the justice your family deserves.

Families have placed their trust in us at  Kearney Law Group, knowing they will be treated with compassion, professionalism, and a commitment to achieving the best outcome. 

Every case is different, but every family deserves answers, and the peace of mind that comes with knowing they did everything possible to secure a better future for their child.