How does one begin to understand what went wrong when a moment meant to bring joy becomes a source of distress and uncertainty?
The birth of a child is expected to be a time of celebration. But when complications arise, particularly those that could have been prevented, it is natural to seek clarity. Parents are often left with difficult questions.
Was this injury avoidable? Did the medical team respond appropriately? Could better care have changed the outcome?
When a birth injury occurs due to mistakes or delays in medical treatment, you may have grounds to pursue a birth injury claim.
This is not simply about legal action. It is about securing the support your child may need in the years ahead.
Kearney Law Group offers experienced and practical legal guidance in these sensitive situations.
We approach each case with care and attention, helping families understand their position and take appropriate steps with confidence and clarity.
What is a birth injury claim?
A birth injury claim is a legal case brought when a baby or mother suffers harm because of substandard medical care during pregnancy, labour or delivery.
This can happen for various reasons. Some of the most common include misdiagnosis, failure to act quickly enough during complications, poor monitoring of the baby’s condition or the mother’s health, and mistakes made during procedures such as caesarean sections or the use of forceps.
These errors can result in lasting consequences, ranging from minor injuries to severe and lifelong conditions.
This type of legal claim is not just about assigning blame. It is about ensuring that you and your child receive the necessary support to move forward.
That may include compensation to cover long-term medical treatment, therapy, specialist care, or adaptations at home.
According to a 2022 report by NHS Resolution, maternity-related claims accounted for more than 60 percent of the total value of clinical negligence claims in England. This highlights the seriousness of such cases and the significant impact they can have on families.
Under UK law, you are entitled to seek compensation if it can be proven that the care provided fell below a reasonable standard and directly caused harm.
The legal process can seem daunting, particularly when you are still recovering physically or emotionally, or managing the day-to-day challenges of caring for a child with additional needs. That is why our team takes a personal and compassionate approach.
We do not rush you or overwhelm you with legal jargon.
We take the time to understand your story, explain your rights in plain language and support you throughout the entire process.
Every family deserves clarity, respect and the chance to plan for the future with confidence.
How do you know if the injury was caused by negligence?
Not every birth injury means someone made a mistake. Some complications can happen even with excellent care.
But if your baby was injured and something feels off about how the delivery was handled, it’s worth speaking to a solicitor.
Examples of negligence during childbirth include:
- Failure to monitor the baby’s heart rate properly. Continuous monitoring of the baby’s heart rate during labour is essential.
It helps detect signs of distress that may indicate the baby is not getting enough oxygen.
If healthcare staff fail to monitor properly, miss warning signs or misinterpret the data, the baby’s safety can be compromised.
Delayed recognition of problems may lead to conditions such as cerebral palsy or other long-term complications.
- Delayed decision to perform a caesarean section. There are situations where a caesarean section becomes necessary to protect the health of the baby or the mother.
This can include prolonged labour, abnormal positioning, or foetal distress. A delay in making this decision can reduce the chances of a safe outcome.
- Misuse of forceps or vacuum extractors. Assisted deliveries using forceps or vacuum extractors are sometimes needed when labour is not progressing or if the baby must be delivered quickly.
However, if these instruments are used incorrectly or with excessive force, they can cause injury.
This might include skull fractures, nerve damage, or bruising to the baby, as well as tears or trauma to the mother.
- Not spotting or acting on signs of foetal distress. Foetal distress can present in several ways, including changes in the baby’s heart rate, reduced movement, or the presence of meconium in the amniotic fluid.
It is the responsibility of the medical team to respond quickly when these signs are present.
Delayed action may lead to complications that affect the baby’s development or overall health.
- Failing to diagnose infections or complications during pregnancy. Certain maternal infections, if not identified and treated promptly, can have serious consequences for both the mother and baby.
Conditions such as Group B Streptococcus, preeclampsia, or gestational diabetes require careful monitoring.
A failure to diagnose and manage these issues increases the risk of premature birth, stillbirth, or permanent injury to the child.
What are the most common types of birth injuries?
Some of the most common birth injuries linked to medical negligence include:
- Cerebral palsy
One of the most serious and life-changing injuries, cerebral palsy is often caused by lack of oxygen to the brain during labour.
This condition can affect movement, coordination, and sometimes speech and learning. It may require lifelong care.
- Erb’s palsy
This happens when the baby’s shoulder nerves are damaged during a difficult delivery, especially if the baby gets stuck.
It can cause weakness or paralysis in the arm.
- Brain injuries
These can result from poor monitoring or delays in delivery when the baby is in distress.
Even short periods without enough oxygen can cause lasting damage.
- Fractures and physical trauma
Incorrect use of forceps or poor handling during delivery can cause bone fractures, especially to the collarbone or skull.
How do I start a birth injury claim in Northern Ireland?
Starting a claim begins with a conversation. You don’t need all the answers—we’ll guide you through every step. Here's what you can expect:
1. Initial consultation
You talk to one of our birth injury specialists. You tell us what happened, and we’ll give you honest feedback on whether you have a case. This first chat is free and confidential.
2. Gathering evidence
If we move forward, we collect medical records, expert opinions, and other evidence to show what went wrong. We’ll handle all of this, so you don’t have to chase paperwork.
3. Medical expert review
We work with trusted independent medical experts who can tell us whether the care you received was below standard—and whether that led to the injury.
4. Making the claim
We’ll formally submit the claim to the relevant health trust or hospital. Many cases settle without going to court, but if needed, we’ll fight your case every step of the way.
5. Compensation
If your claim succeeds, we’ll help make sure the compensation meets your family’s needs, whether that’s therapy, special education, housing adaptations, or future medical care.
How much compensation can you get for a birth injury?
The amount of compensation in birth injury claims depends on many factors, including the severity of the injury, how it affects daily life, and the long-term care or treatment your child will need.
Some things that are often covered:
- Medical and rehabilitation costs
This includes expenses for hospital care, surgeries, physiotherapy, occupational therapy, and any ongoing treatment your child may need throughout their life. - Care and assistance (including paid carers)
Compensation can cover the cost of hiring professional carers or support workers to help with daily needs, as well as the unpaid care provided by family members. - Special equipment or home modifications
Compensation can cover the cost of hiring professional carers or support workers to help with daily needs, as well as the unpaid care provided by family members. - Education support
You may be entitled to claim for the cost of specialist education, private tuition, or additional resources required to meet your child's learning and developmental needs. - Pain and suffering
This refers to the physical discomfort and emotional distress caused by the injury, recognising the long-term impact on your child’s and family’s quality of life. - Future loss of earnings (for both child and parents)
If the injury affects your child’s ability to work in the future, or if you as a parent have had to stop working or reduce hours to provide care, this can be factored into the compensation.
What will it cost to make a birth injury claim?
Many families worry about legal costs when they’re already dealing with the emotional and financial impact of a birth injury.
That concern is completely valid, and it’s important to know that making a claim doesn’t have to add more pressure to your situation.
- No Win, No Fee agreements
Most birth injury claims can be taken on under a No Win, No Fee agreement.
This means you don’t pay any legal fees unless your claim is successful. It allows you to pursue compensation without the burden of upfront costs.
- Clear explanation of fees
Before anything moves forward, all costs are explained clearly and simply. There is no pressure to commit and no confusion about how fees are handled. - No hidden charges
You won’t be caught off guard by unexpected costs.
Everything is discussed in advance, and you’ll have a full understanding of what to expect throughout the process. - Financial peace of mind
With a No Win, No Fee agreement in place, you can focus on your family while your legal team handles the claim.
It gives you the space to concentrate on what really matters without worrying about legal bills.
How can I get support during the process?
Legal help is only part of the story. Many families also need emotional and practical support after a traumatic birth. We can point you toward local resources in Northern Ireland, including:
- Counselling services for parents
- Disability support groups
- Charities like Cerebral Palsy Northern Ireland and Bliss
- NHS services and community health support
Thinking About a Birth Injury Claim? Here’s How to Take the First Step
If your child was injured during birth and you suspect it may have been caused by medical mistakes or delays, it is important to get clear, honest advice as soon as possible.
You do not need to be certain that something went wrong.
Even if you are still trying to piece things together, it helps to speak with someone who understands the legal process and can guide you in the right direction.
Kearney Law Group helps families who are facing the difficult aftermath of a traumatic birth.
Many parents come to us unsure of what happened or whether they have a case. We take the time to listen, ask the right questions, and explain what your legal options are in plain and simple terms.
There is no pressure to commit, and no obligation to proceed unless you are ready.
Reaching out for legal support does not mean you are starting a fight. It means you are taking steps to understand your rights and explore what support may be available for your child’s future.
If you are dealing with the effects of a birth injury and need guidance, our team is here to help.
Book a free consultation and let us talk through your concerns together.