When a baby is harmed during birth, it can change everything in a moment.
What should have been one of the happiest days of your life suddenly turns into fear, questions, and uncertainty.
Parents often find themselves asking, 'What went wrong?' and ‘Who can help us now?’
Birth injuries can be devastating, but families do not have to face the consequences alone.
Understanding how birth injury claims work can help you take the right steps towards justice and support. The process may sound complicated, but with the right guidance and compassion, it becomes much clearer.
Kearney Law Group understands how overwhelming it can be and offers clear, step-by-step guidance to help families navigate birth injury claims with confidence and care.
What Is a Birth Injury Claim?
A birth injury claim is a type of medical negligence case. It happens when a baby or mother is injured before, during, or shortly after birth due to mistakes made by medical professionals.
Sometimes, these mistakes occur due to poor communication, delayed decisions, or a failure to follow proper medical procedures.
When that leads to harm, whether temporary or permanent, the family has the right to seek compensation and hold those responsible accountable.
Common types of birth injuries:
- Lack of oxygen (hypoxia) leading to brain damage or cerebral palsy
- Fractures or nerve damage during delivery
- Failure to monitor the baby’s heart rate properly
- Misuse of medical tools such as forceps or a vacuum
- Delayed emergency C-section
These injuries can affect a child’s life for years, even permanently. The goal of birth injury claims is not only to gain financial support for ongoing care but also to help families find answers and closure.
Why Do Birth Injuries Happen?
Most births in Northern Ireland proceed safely, but some complications could be prevented with better communication, quicker intervention, or more accurate monitoring.
According to reports from the Health and Social Care (HSC) system in Northern Ireland, a significant portion of maternity-related complaints involve delays in treatment, poor monitoring, and failures in clinical decision-making.
Some of the most common causes include:
- Misdiagnosis or delayed diagnosis: Missing signs of distress in the baby.
- Failure to act: Doctors or midwives not responding quickly enough during complications.
- Improper use of instruments: Using forceps or a vacuum incorrectly.
- Medication errors: Giving the wrong drug or wrong dosage during labour.
- Lack of communication: Poor handover between medical teams.
These situations don’t always mean negligence, but when a professional’s actions fall below the level expected in Northern Ireland’s HSC system, that’s when a birth injury claim becomes valid.
How Do Birth Injury Claims Work?
The process can feel overwhelming, especially when you’re already coping with the emotional and physical effects of what happened. However, understanding each step makes it more manageable.
Here’s a simple guide on how birth injury claims typically work in Northern Ireland:
Step 1: Reaching Out for Legal Advice
The first step is speaking with a solicitor who specialises in medical negligence. They’ll listen to your story, review what happened, and tell you whether your case is likely to qualify for a claim.
You don’t need to have every detail prepared.
A good legal team, such as Kearney Law Group, will help gather the necessary information, including HSC hospital records and maternity notes.
Step 2: Reviewing Medical Evidence
Your solicitor will request your and your baby’s medical notes from the Health and Social Care Trust involved. Independent medical experts will then review these records.
Their role is to find out:
- Was there a breach of duty? (Did the healthcare team make a mistake?)
- Did that mistake directly cause the injury?
This medical opinion is key; it determines whether there’s a strong basis for your birth injury claim.
Step 3: Building the Case
If negligence is identified, your solicitor will prepare a detailed Letter of Claim addressed to the relevant HSC Trust in Northern Ireland.
The hospital or NHS trust then has the right to respond with a “Letter of Response.” They may:
- Admit responsibility
- Deny the claim
- Ask for more time to investigate
If they admit fault, the process typically proceeds directly to negotiating compensation. If not, your solicitor can start court proceedings on your behalf.
Step 4: Calculating the Compensation
The amount of compensation varies depending on the impact of the injury. This isn’t about putting a price on pain; it’s about ensuring your child’s future needs are covered.
Compensation in birth injury claims may include:
- Medical care and ongoing therapy costs
- Specialist equipment and home adaptations
- Future loss of earnings (for both parent and child)
- Emotional distress and loss of quality of life
Step 5: Negotiation or Court
Most cases settle before reaching trial. Solicitors negotiate with the legal representatives of the Northern Ireland HSC Trust.
However, if the other side refuses to accept responsibility or the offered compensation is too low, the case can go to court. Even then, the focus remains on reaching the best outcome for your family.
A skilled legal team handles every stage of this for you, from preparing evidence to representing you in hearings so that you can focus on your child’s well-being.
What Evidence Do You Need for a Birth Injury Claim?
The stronger your evidence, the more likely your claim will succeed. Your solicitor will help gather the following:
- Hospital records and maternity notes
- Scans, test results, and medical charts
- Witness statements from family or staff
- Expert reports from medical specialists
- Financial documents showing loss of income or costs of care
This process can take time, but accuracy matters more than speed. Each piece of evidence helps paint a clear picture of what happened and how it could have been avoided.
How Long Do Birth Injury Claims Take?
Every case is different, but birth injury claims are complex and can take several years to complete.
Some cases settle within 18 to 24 months, while more serious ones, particularly those involving lifelong care, can take longer to resolve.
That said, families often receive interim payments early in the process if liability is accepted. This ensures that immediate costs, such as therapy and equipment, can be covered while the full claim is being processed.
What Is the Time Limit for Making a Birth Injury Claim?
In Northern Ireland, the general time limit for medical negligence claims is three years from the date of the incident, or from when you first became aware negligence may have occurred.
However, for birth injury claims involving children, the rule is different:
- The three-year limit only starts when the child turns 18.
- That means parents can make a claim on their child’s behalf any time before their 21st birthday.
If the child lacks the mental capacity to make legal decisions, there may be no time limit at all.
Still, it’s always best to seek advice as soon as possible. Early legal support ensures evidence is preserved and witnesses can recall events accurately.
Why Legal Help Matters in Birth Injury Claims
Trying to manage a claim alone can feel impossible, especially when emotions are still raw.
A birth injury claim involves deep medical and legal analysis, and the right solicitor can handle both with care and expertise.
Families who work with specialist solicitors are more likely to secure fair settlements than those who attempt claims without expert guidance.
Specialist solicitors:
- Interpret complex medical files
- Work with maternity experts
- Understand HSC investigation procedures
- Handle negotiations and court representation
At Kearney Law Group, the focus is always on compassion and clarity.
We help families understand their rights and maintain open and honest communication at every stage.
What Happens After Winning a Birth Injury Claim?
Once your claim is successful, the compensation awarded is usually placed in a trust to ensure it’s used for the child’s care and future.
This can include:
- Funding for therapies and specialist education
- Home modifications
- Mobility aids and medical support
- Long-term financial security
Your solicitor can help set up a structured payment plan or trust fund to manage the settlement responsibly over time.
How Families Can Cope During the Process
While the legal steps unfold, emotional support is just as important. The process can be lengthy, and families often feel frustrated or overwhelmed.
Families in Northern Ireland can access free support through organisations such as:
While your solicitor manages the legal side, emotional support helps families:
- cope with uncertainty
- manage anxiety and stress
- stay resilient during long waiting periods
- feel less isolated
- access practical help with childcare or daily tasks
- understand how trauma can affect mental and physical health
Talking to others who’ve been through similar experiences provides not just reassurance, but validation, the sense that your thoughts and feelings are real, understood, and shared.
Emotional stability can also help families engage more clearly and calmly with the legal process, medical appointments, and decision-making along the way.
What Families Should Remember
- Birth injuries are not your fault.
- You have the right to ask questions and get answers.
- Legal help exists to protect you and your child’s future.
- Acting early can make the process smoother.
Every family’s story is unique, but every family deserves fairness and care.
Finding the Right Legal Support for Your Family
Choosing the right solicitor makes all the difference.
A team experienced in birth injury claims knows that compassion and communication matter just as much as legal knowledge.
Kearney Law Group has supported many families through these difficult times, offering straightforward advice, genuine understanding, and expert representation.
Our approach ensures that every client feels informed, supported, and respected throughout the process.
Turning Pain into Purpose
The path after a birth injury can be challenging, but it doesn’t have to be hopeless.
Seeking justice is about compensation, recognising what went wrong, protecting other families from similar harm, and securing your child’s future.
With trusted legal guidance from Kearney Law Group, families can find both answers and stability.
No one can change the past, but with the right support, you can build a future that feels safe, supported, and full of care.