If a caesarean came too late and your baby or you were seriously harmed, we can look at the records, including the CTG traces, and tell you whether the delay could be negligence.
A delayed caesarean claim arises when a baby needed to be delivered quickly by caesarean section, the delivery came too late, and the baby or mother was harmed as a result.
The delay can happen at two points: in deciding that a caesarean is needed, and in carrying it out once that decision has been made.
Signs that a baby may need to be delivered quickly include:
Caesareans are graded by urgency. For the most urgent, where there is an immediate threat to the life of the mother or baby, a widely used standard is delivery within 30 minutes of the decision.
The times recorded for the decision and the delivery are often central evidence.
In the State Claims Agency's review of catastrophic birth injury claims, delay in escalating concerns came up in about half of the claims, and 47% of the babies were born by emergency caesarean.
For the baby, the main risk is a brain injury from lack of oxygen, which can lead to cerebral palsy. In the worst cases, a baby is stillborn or dies soon after birth.
For the mother, a long or obstructed labour followed by a late caesarean can cause injury to the womb or bladder, heavy bleeding and psychological injury, such as post-traumatic stress after a traumatic birth. Our page on childbirth injuries to mothers explains these claims.
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 and neonatology 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.
You have the right to make informed choices about how your baby is born.
Doctors should explain the risks and benefits of the options open to you, including a caesarean, where the risks of continuing labour are material. A failure to give you that information can form part of a claim.
Cardiotocography (CTG) records the baby's heart rate and the mother's contractions during labour. Changes in the heart rate pattern can show that the baby isn't getting enough oxygen. The CTG trace is usually the most important record in a delayed caesarean claim.
Independent experts compare what happened with what should have happened, then work out when the injury occurred.
If an earlier delivery would have avoided the injury, or made it less severe, the delay caused it. That question, called causation, is often the hardest part of the claim.
A mother's claim for her own injuries has a two-year time limit from her date of knowledge. A child's claim must be issued before they turn 20. Both limits come from the Statute of Limitations (Amendment) Act 1991.
For births 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.
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