Case regarding tragic death of baby born at Cork University Maternity Hospital settles on day of trial

A Cork couple instructed Orla Kelly and the team at Cantillons following the tragic death of their baby at just 8 days old at Cork University Maternity Hospital.  They were in the dark as to whether the death could have been prevented.

Their initial request was to represent them at an upcoming Inquest and also to obtain a copy of an Internal Report performed by the HSE into the death which they had been requesting for over a year.

We eventually obtained a copy of the Report. They were obviously distressed by the contents which detailed their daughter’s traumatic delivery but did not give them answers but they were equally distressed to note that the serious incident internal review meeting had occurred a year previously but not shared with them for twelve months, and only then after repeated requests, and most likely because the Inquest was pending and the Coroner would refer to it.   This is at odds with the HSE’s statutory obligation to practice Open Disclosure and have “open, honest, timely and compassionate communication following a patient safety or notifiable incident to prevent compounded harm to those affected by it.”

HSE Open Disclosure Policy 2025: Communicating with Patients Following Patient Safety or Notifiable Incidents.

Cantillons represented them at the Inquest and a narrative verdict was reported.  Unfortunately, it left the family none the wiser as to whether the traumatic and complicated delivery of their baby, which caused fatal injuries to the brain could have been avoided.  (The Coronial system cannot make a finding of Medical Negligence).

Expert reports commissioned by Cantillons confirmed that indeed the circumstances of their baby’s birth, the significant brain injuries and ultimate passing could and should have been avoided with different Obstetric management.  Whilst this information was upsetting it gives them knowledge and resolves unanswered questions.

Proceedings issued but liability was denied at all stages.

Ultimately the matter settled at Mediation on the morning of trial.

Contact us at Cantillons Solicitors at +353 (0)21 4275673 or info@cantillons.com  if you would like more information.

* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.  Many Personal Injury Solicitors portray themselves as “no win no fee Solicitors Cork”. This term can be misleading and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.