If you or your baby were seriously harmed in labour after a previous caesarean, we can look at how the risks were explained and how your labour was monitored, and tell you whether you have a claim.
VBAC means vaginal birth after caesarean. Many women give birth vaginally after a previous caesarean without any problems. The main risk is uterine rupture, where the scar from the earlier caesarean tears open during labour.
It is rare, but it can cause a serious brain injury to the baby and heavy bleeding for the mother, sometimes needing a hysterectomy.
A VBAC claim may be possible where:
A change in the baby's heart rate is often the first sign of uterine rupture. That's why continuous CTG monitoring is usually recommended for women in labour after a caesarean, so that staff can deliver the baby quickly if the trace changes.
For the baby, a rupture can cut off the oxygen supply, causing a brain injury that may lead to cerebral palsy. In the worst cases, the baby dies.
For the mother, it can cause heavy bleeding, injury to the bladder, a hysterectomy with the loss of future fertility, and psychological injury. Our page on childbirth injuries to mothers explains a mother's claim.
The mother's and the baby's claims are separate, with different time limits, but are usually investigated together.
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.
No. Uterine rupture can happen even when labour is managed well. A claim depends on expert evidence that the risk wasn't properly explained or managed, or that the signs of rupture weren't acted on quickly enough.
Women who have had a caesarean should be told about the risks and benefits of both options, VBAC and a planned repeat caesarean, so they can choose. That discussion should happen during pregnancy and be recorded in the notes.
Yes, but induction and the use of oxytocin to speed up labour both increase the risk of uterine rupture. The decision needs a careful discussion with the mother, senior input and close monitoring.
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.
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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