Cerebral Palsy birth injury
If your child has been diagnosed with cerebral palsy and you believe this may have resulted from substandard care during pregnancy, labour, or delivery, you may be entitled to bring a cerebral palsy birth injury claim.
Cerebral palsy is a serious neurological condition that can have a profound and lifelong impact on a child and their family.
In many cases, the condition arises from oxygen deprivation or trauma to the brain during birth circumstances that may have been preventable had an appropriate standard of medical care been provided.
At Coleman Legal LLP, our solicitors provide clear, confidential advice on medical negligence claims involving birth injuries.
We can help you understand whether the care provided during labour and delivery met the required standard and, if not, how you may proceed with a claim.
To speak with our legal team, contact us on freefone 1800-844-104.
What is Cerebral Palsy?
Cerebral palsy is an umbrella term for a group of permanent movement and postural disorders resulting from damage to the developing brain.
The damage may occur before birth, during labour and delivery, or in the period immediately following birth.
The condition affects muscle tone, movement, and coordination, and its effects range from mild to severe depending on the nature and extent of the brain injury sustained.
There are several recognised forms of cerebral palsy, including spastic cerebral palsy (the most common type, characterised by stiff muscles and exaggerated reflexes), dyskinetic cerebral palsy (involving uncontrolled movements), ataxic cerebral palsy (affecting balance and co-ordination), and mixed cerebral palsy, which involves features of more than one type.
Children with cerebral palsy may require lifelong support, including physiotherapy, speech and language therapy, occupational therapy, assistive technologies, and adapted educational provision.
The financial and emotional demands placed on families can be considerable.
Can Cerebral Palsy be caused by medical negligence?
Whilst cerebral palsy can occur as a result of factors outside anyone’s control, research indicates that a significant proportion of cases arise from preventable events during labour and delivery.
In these circumstances, the condition may form the basis of a medical negligence claim.
To succeed in a cerebral palsy birth injuryin Ireland, it is necessary to establish that:
- A duty of care was owed by the treating medical professionals.
- The standard of care provided fell below that which a reasonably competent medical professional in the same speciality would have provided in the same circumstances, and that this breach of duty was a direct cause of the child’s injury.
Common forms of negligence that may lead to Cerebral Palsy
Medical negligence during labour and delivery that may contribute to cerebral palsy includes, but is not limited to, the following:
- Failure to properly monitor or interpret a cardiotocograph (CTG) trace during labour
- Failure to recognise and respond to signs of foetal distress
- Delay in performing an emergency Caesarean section when clinically indicated
- Misuse or excessive use of Syntocinon (oxytocin) to induce or accelerate labour
- Improper use of forceps or vacuum extraction instruments
- Failure to manage or anticipate complications such as cord prolapse, placental abruption, or uterine rupture
- Inadequate resuscitation of a newborn following birth asphyxia
- Failure to diagnose or treat maternal pre-eclampsia or other high-risk conditions
Delay is a recurring theme in birth asphyxia claims.
This may involve delays in making clinical observations, interpreting findings, deciding to intervene, or carrying out the intervention.
Where delay is shown to have caused or significantly contributed to the degree of injury, a negligence claim may be appropriate.
How is a Cerebral Palsy birth Injury claim made in Ireland?
Making a medical negligence claim for cerebral palsy birth injury is a complex process that requires careful preparation and independent expert evidence.
The general stages involved are as follows:
- Initial legal consultation: a solicitor will review the circumstances of the birth and advise on the viability of a potential claim
- Obtaining medical records: full maternity, neonatal, and paediatric records are requested from the relevant hospitals or health service providers
- Independent medical review: an independent medical expert examines the records and provides an opinion on liability, causation, and the applicable standard of care
- Letter of Claim: if the expert supports a negligence finding, a formal Letter of Claim is sent to the relevant defendant, which may include the HSE or a private hospital
- Response and negotiation: the defendant is given an opportunity to respond; where liability is accepted, or a reasonable settlement is proposed, the matter may be resolved without going to court
- Litigation: where liability is disputed, or no acceptable offer is made, proceedings may be issued in the appropriate court
Interim payments may be applied for during the course of proceedings to assist with the child’s immediate care and therapeutic needs.
Coleman Legal LLP can advise you on this process. For information on making a birth injury claim in Ireland, speak with our team today.
Time Limits for Cerebral Palsy birth injury
The general limitation period for personal injury claims in Ireland is two years from the date of the injury or the date of knowledge. However, because cerebral palsy is a birth injury sustained by a minor, specific rules apply.
Where the injured party is a child, the two-year limitation period does not begin to run until the child reaches 18 years of age.
This means the Cerebral Palsy birth injury claim must generally be brought before the child’s 20th birthday.
However, the date of knowledge rules may also be relevant where the connection between the birth circumstances and the resulting disability only becomes apparent at a later stage.
Given the complexity and the volume of evidence that must be gathered in these cases, it is advisable to seek legal advice at the earliest opportunity. Our birth injury solicitors can advise on the applicable time limits in your specific circumstances.
What compensation may be covered in a Cerebral Palsy birth injury claim?
Compensation in a cerebral palsy birth injury claim may be substantial, reflecting the lifelong care needs and financial losses associated with the condition.
The award is typically divided into two elements: general damages and special damages.
General damages compensate for pain, suffering, and loss of amenity both past and future, as a result of the negligently caused injury.
Special damages cover the quantifiable financial losses and costs associated with the injury, which may include:
- Past and future care costs, including nursing and personal care assistance
- Physiotherapy, occupational therapy, speech and language therapy, and other allied health services
- Assistive technology, mobility equipment, and communication aids
- Necessary adaptations to the family home and specialised transport
- Educational support and provision
- Future loss of earnings where the child’s capacity to work is impaired
- Case management and coordination of care needs
Each case is assessed on its individual facts. The long-term care projections and future cost calculations are prepared with the assistance of specialist actuarial and medical experts.
Frequently Asked Questions
What is the most common cause of cerebral palsy related to medical negligence?
The most commonly cited cause in negligence claims is birth asphyxia, a period of oxygen deprivation to the baby’s brain during labour or delivery.
This can result from failure to respond appropriately to a compromised foetal heart trace, delay in performing an emergency Caesarean section, or complications that were not adequately managed.
How long does a cerebral palsy claim take to resolve in Ireland?
Due to the complexity of the evidence involved and the need for independent expert reports, cerebral palsy claims generally take several years to resolve.
Where liability is accepted at an early stage, the matter may settle more quickly. However, assessing future care needs and financial losses requires considerable time and expert input.
Can I bring a claim on behalf of my child?
Yes. Parents or legal guardians may bring a medical negligence claim on behalf of a child. Any settlement or award made on behalf of a minor must be approved by the court.
The limitation period for a claim involving a minor generally does not begin to run until the child reaches the age of 18.
What evidence is needed to support a cerebral palsy claim?
The primary evidence required includes the full maternity and neonatal records from the treating hospital, including CTG traces, labour notes, consent forms, and discharge summaries.
An independent medical expert will review these records and provide an opinion on whether the standard of care was met and whether any breach of that standard caused the injury.
Additional experts may be required to address the child’s care needs and financial losses.
Can a claim still be brought if several years have passed since the birth?
This depends on the child’s age and the applicable limitation rules.
Because cerebral palsy birth injury claims involve injuries to minors, the standard two-year limitation period does not apply in the usual way.
Legal advice should be sought to confirm the applicable deadline in your specific case.
Will I need to attend court?
Not necessarily. Many medical negligence claims in Ireland are resolved through negotiation and settlement without the need for a court hearing.
However, where liability is disputed or an acceptable settlement cannot be reached, it may be necessary to issue court proceedings and pursue them.
What is the role of the State Claims Agency in cerebral palsy claims?
The State Claims Agency manages clinical negligence claims against public health service bodies in Ireland on behalf of the State.
Where a claim is made against a public hospital or HSE-employed clinician, it is typically the State Claims Agency that handles the defence of the claim and any associated negotiations.
Can interim payments be obtained during a claim?
Yes. In cases where the child has urgent and ongoing care needs, an application can be made to the court for interim payments to be released during the course of the proceedings.
This allows families to access funds for therapy and care before the case is fully resolved.
Is there a difference between cerebral palsy that was caused by negligence and cerebral palsy that was not?
Yes. Not all cases of cerebral palsy arise from medical negligence.
Some cases result from events that occurred before pregnancy, from genetic factors, or from complications that could not have been foreseen or prevented.
An independent expert review of the medical records is required to determine whether there are grounds to allege that the condition was caused by a breach of the required standard of care.
What is the Dunne test for medical negligence in Ireland?
The Dunne test, derived from the Supreme Court decision in Dunne v National Maternity Hospital [1989] IR 91, sets out the legal standard for establishing medical negligence in Ireland.
In essence, the test requires the plaintiff to show that a reasonably careful medical practitioner of the same speciality would not have acted in the manner in which the defendant acted. Expert evidence is essential to applying this test.
Can I bring a claim against a private hospital as well as a public one?
Yes. Medical negligence claims may be brought against public hospitals, HSE-employed clinicians, privately owned hospitals, and individual medical practitioners.
The applicable procedures and the identity of the defendant may differ depending on where the treatment was provided.
Additional resources
For clinical information on cerebral palsy and its management, you may find the following resources helpful:
- The Health Service Executive (HSE) provides guidance on cerebral palsy supports available in Ireland;
- The Medical Council of Ireland sets the standards expected of registered medical practitioners in Ireland and publishes its Guide to Professional Conduct and Ethics.
