The Congenital Disabilities (Civil Liability) Act 1976

Where a child is born disabled due to negligent treatment of the mother during pregnancy, the child can bring a civil action for damages.

The Act

This is a separate right to that of the mother. In such a case the limitation period only begins once the child has reached the age of 18 years.

The period may be extended where material facts are not known.

Records management considerations

Organisations need to take the provisions of this Act into account and ensure that the health records of all children and, in particular, the records of children born with a disability are not prematurely destroyed.

Related articles

Back to top