If you were seriously injured giving birth, by a missed tear, a surgical injury, heavy bleeding or infection, we can look at your care and tell you whether you have a claim of your own.
A mother can claim for her own injuries when care during pregnancy, labour or after the birth fell below an acceptable standard and caused her harm. Her claim is separate from any claim for the baby. Common examples include:
After a vaginal birth, the mother should be examined carefully, including a rectal examination, to check for damage to the anal sphincter.
If a third or fourth degree tear isn't recognised, it isn't repaired properly, and the mother can be left with incontinence, pain and problems with sex that last for years.
The mother's claim and the baby's claim are separate and have different time limits. We usually investigate them together, because the same records and experts are involved. See cerebral palsy and birth brain injury and Erb's palsy.
If a mother dies, her family may be able to bring a fatal injury claim.
Since September 2024, the unexpected death of a woman during pregnancy or within 42 days of the birth, linked to the management of the pregnancy, is a notifiable incident that the hospital must disclose to the family.
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, colorectal surgery and psychiatry 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.
Two years from your date of knowledge: when you knew, or should have known, that you had a significant injury that may have been caused by your care. That comes from the Statute of Limitations (Amendment) Act 1991.
Some injuries, such as incontinence after a missed tear, only become clear weeks or months after the birth, but it's best to get advice as soon as you can.
Possibly. Ongoing bowel incontinence or pain after a tear described as minor can be a sign of an unrecognised sphincter injury.
An ultrasound scan of the anal sphincter can show the damage. Speak to your GP about a referral, and to us about whether the original examination met the standard expected.
You can claim for a recognised psychological injury, such as post-traumatic stress disorder, if negligent care caused it. Distress on its own isn't enough in law: a psychiatrist or psychologist needs to diagnose the condition.
Yes. Making a claim doesn't affect your right to treatment, including care in a future pregnancy.
For care in HSE and voluntary hospitals, the State Claims Agency manages the claim. 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.
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.
Email: [email protected]
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Friday 9am – 5pm
