Overview

With contributions from world-leading experts in obstetrics, gynaecology, neonatology and related specialties, this book equips legal practitioners with the knowledge required to advise on complex birth-related injuries. As well as analysing the legal implications of such injuries and examining key Irish and UK case law, Clinical Negligence and Childbirth uniquely explains birth injuries from a clinical perspective in a manner accessible to non-medics. Fully updated to reflect developments in expert evidence, assisted decision-making, standards of care and judicial fact-finding, the Third Edition also includes new chapters on: - Capacity - Genetic Testing - Maternal Death This edition is an invaluable guide for legal and medical professionals who need to remain current with the law of clinical negligence as it applies to pregnancy, labour and newborn care. The first edition of this book (originally entitled ‘Medical Negligence and Childbirth’) was named Legal Book of the Year at the Irish Law Awards in 2016. This title is included in Bloomsbury Professional's Irish Medical Law online service.

Full Product Details

Author:   Doireann O'Mahony (Bar of Ireland, Ireland)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Bloomsbury Professional
Edition:   3rd edition
ISBN:  

9781526535122

ISBN 10:   1526535122
Pages:   616
Publication Date:   21 May 2026
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

Part I: Practice, Procedure and Proofs Chapter 1: Initial Contact with Client, and Investigation Chapter 2: Statutory Limitation Periods Chapter 3: Assembling Evidence as to Fact Chapter 4: Medical Records Chapter 5: Findings as to Facts Chapter 6: Assembly of Expert Evidence on Breach of Duty and Causation Chapter 7: Ascertaining the Grounds of Defence, and Common Pre-Trial Applications Chapter 8: Trial Chapter 9: Costs Part II: Consent Chapter 10: Self-Determination in Childbirth: The Law of Consent Part III: Capacity Chapter 11: Capacity Part IV: Brain Injury Chapter 12: What is Cerebral Palsy? Chapter 13: What Causes Cerebral Palsy? Chapter 14: Neonatal Resuscitation Chapter 15: The Law Chapter 16: Timing Fetal Brain Damage Caused by Acute Near Total Asphyxia Chapter 17: Timing Fetal Brain Damage Caused by Chronic Partial Asphyxia Chapter 18: Autism Spectrum Disorder Chapter 19: Genetic Testing Part V: Other Injuries Chapter 20: Failed Pregnancy Chapter 21: Termination of Pregnancy: Practice and Problems Chapter 22: Obstetric Brachial Plexus Injury Chapter 23: Injuries Caused by the Obstetric Forceps Chapter 24: Obstetric Anal Sphincter Injury Chapter 25: Urological Injury Related to Childbirth Chapter 26: Pre-term Birth Complications Chapter 27: Screening for Fetal Abnormalities in the Context of Wrongful Birth Chapter 28: Wrongful Conception, Wrongful Birth and Wrongful Life Chapter 29: Psychiatric Injury Relating to Childbirth Chapter 30: Psychosexual Injury Relating to Childbirth Chapter 31: Wrongful Death Actions Chapter 32: Death Investigation Chapter 33: Maternal Death Part VI: Quantum of Damages Chapter 34: Quantum of Damages Epilogue Appendix: Support Services

Reviews

The 2nd Edition of this excellent contribution to the medico-legal field remains an important part of the medico-legal literature and landscape and remains of immense assistance and help to anyone involved in the area of childbirth and clinical negligence and is a text that is therefore highly recommended. (Review of the 2nd edition). * Medico-Legal Journal of Ireland * Often, a textbook appeals to too narrow an audience, but the author is to be applauded for making this book accessible and intelligible, not only to experienced lawyers and doctors, but also medical or legal lay people. The volume offers a commanding overview of an area that, at some point, touches all of our lives. Highly recommended. (Review of a previous edition). * The Law Society Gazette *

Author Information

Doireann O’Mahony graduated from University College Cork with a BCL in 2010 and an LLB in 2011. She was called to the Bar of Ireland in 2012, and to the Bar of England and Wales in 2018. She practises exclusively in clinical negligence litigation and is recognised as one of the leading practitioners in the field. She has written extensively on clinical negligence and, more recently, on coroners’ inquests.

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