If your child has cerebral palsy or a brain injury after a lack of oxygen around birth, and you have questions about the care in labour, we can look into what happened and tell you whether you have a claim.
Cerebral palsy is caused by damage to the developing brain. Many cases have nothing to do with the care at birth: some are linked to premature birth, infection or genetic conditions.
A claim is possible when a baby's brain was starved of oxygen during labour or delivery, and competent care would have prevented the injury or made it less severe.
That lack of oxygen is called hypoxia. When it injures the brain, doctors call it hypoxic-ischaemic encephalopathy, or HIE. Babies with moderate or severe HIE are usually offered cooling treatment (therapeutic hypothermia), which needs to start within six hours of birth.
In the State Claims Agency's review of catastrophic birth injury claims, the failings that came up most often were:
Other causes include cord prolapse, placental abruption and uterine rupture that weren't managed quickly enough. Our page on delayed caesarean section claims covers delays in delivery in more detail.
In catastrophic cases, the High Court can order future care costs to be paid in yearly instalments under the Civil Liability (Amendment) Act 2017. Any settlement of a child's claim has to be approved by the court.
Contact us through our enquiry form, phone, or email. We’ll review your situation, answer your questions, and explain what to expect next. There’s no upfront fee to begin your claim.
Your case will be carefully reviewed by our legal team.
We assess the strength of your claim, advise on the documentation needed, and guide you through key steps such as attending an independent medical examination and preparing the information required for the Injuries Resolution Board (IRB).
Once you decide to move forward, we take care of everything. This includes gathering evidence, contacting the other party or their insurer, submitting your claim to the IRB, managing settlement discussions, and handling any court proceedings if needed.
Louise Harkin, a solicitor admitted in Ireland, leads our work on birth injury, obstetric, gynaecology and paediatric claims. Read Louise's profile.
Every medical negligence claim needs independent expert evidence. We instruct experienced experts in obstetrics, midwifery, neonatology and paediatric neurology to report on the care given and on the injury it caused.
Kearney Law is the Foundation for Infant Loss's exclusive legal panel member for the whole of Ireland. Our team takes part in the Foundation's training on maternity safety and on supporting bereaved families. Find us in the Foundation's directory.
There are no upfront fees. Before you go ahead, we set out in writing how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. No Win No Fee explained.
Sometimes. Most cerebral palsy isn't caused by negligence. A smaller number of cases follow a lack of oxygen during labour or delivery that better care would have avoided, and independent expert evidence is needed to tell the difference.
Often between 12 and 24 months, when delays in movement and development become clear. A late diagnosis doesn't stop a claim, and the time limit for a child's claim doesn't start until their 18th birthday.
Hypoxic-ischaemic encephalopathy (HIE) is a brain injury caused by a lack of oxygen and blood flow to the brain around the time of birth. It is graded as mild, moderate or severe. Moderate and severe HIE can lead to cerebral palsy, epilepsy and learning disability.
Not necessarily. Cooling is offered when a newborn shows signs of brain injury, whatever the cause.
Since September 2024, a baby who needs cooling has been a notifiable incident under the Patient Safety Act 2023, so the hospital must hold an open disclosure meeting with you about what happened.
Your child's claim must be issued before they turn 20: two years from their 18th birthday, under the Statute of Limitations (Amendment) Act 1991. Even so, it's best to start much earlier, while records are complete and staff remember what happened.
For births in HSE and voluntary hospitals, the State Claims Agency manages the claim under the Clinical Indemnity Scheme. For private care, the claim is usually against the consultant or private hospital and their insurer.
No. The Injuries Resolution Board (formerly PIAB) doesn't assess medical negligence claims. They go through the courts, usually the High Court for serious injuries, although most settle before a full trial.
Usually several years. Experts need to see how a child develops before they can set out their needs for life, and the claim is valued on that evidence.
No. There are no upfront fees. Before you go ahead, we give you clear written terms explaining how legal costs work, as section 150 of the Legal Services Regulation Act 2015 requires. Read No Win No Fee explained for more.
Regulated by the Law Society of Ireland
Kearney Law handles only personal injury and clinical negligence claims.
We act for clients across Ireland, including Dublin, Cork, Galway, Limerick, Waterford and Letterkenny. See all the areas we cover.
Contact us to talk to a solicitor about your claim, or request a case review.
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