Birth Injury

What is birth injury compensation?

Whilst Australians generally receive high-quality health care from trained professionals, unfortunately, operations and births don’t always go to plan, resulting in injuries and trauma which sometimes can be catastrophic in nature. Due to the complexity of the birthing process, when things do go wrong the result can be a claim for birth injury compensation.

A birthing injury (including death during birth) refers to a medical incident that a woman or her baby sustained during childbirth. Related factors could include:

  • The competence, training, qualifications, and experience of the doctor or midwife
  • The facilities available at the hospital including emergency care
  • The competence and experience of the medical staff

Making birthing injury claims for compensation

If it can be established that the trauma caused to the mother or baby was caused by the negligence of the medical practitioner during delivery then a claim for compensation could be made for damages such as:

  • Medical expenses
  • Loss of income
  • Ability to earn income
  • Pain and suffering
  • Medical equipment
  • Wheelchair access for your home
  • In-home Nursing
  • Out of pocket expenses

There are many other types of damages that could apply to your specific situation. As birth injury compensation experts with decades of experience, our team will guide you through the whole process and ensure you get the full compensation you are entitled to.

Birth injury compensation calculator

If you’re searching for a compensation calculator to give you an indication of how much you might be able to claim, the truth is no online tool can give you a meaningful estimate because there are so many factors that can have an impact on your claim. Frequently these claims can be worth over $10,000,000.

At Arnold Thomas & Becker we believe that such tools aren’t really helpful and would prefer to directly give you our personal support and expert guidance during a difficult time. Your consultation is free, plus our no win no fee policy means you pay nothing unless we win.

If you or your baby have been injured due to negligence during delivery, it’s important to engage an experienced and compassionate birth injury law firm to guide you through your entitlements.

Suffering a physical or psychological injury during childbirth due to negligence may make you feel alone. With nearly one third of Australian deliveries resulting in trauma, its prevalence is on the rise.

If your baby has suffered preventable trauma during this time, you’ll no doubt feel incensed. The baby’s injury could be physical or hypoxic meaning a lack of oxygen to the brain has caused brain damage. This could give rise to a birth injury compensation claim.

These claims cover psychiatric or physical damage caused by neglectful medical practitioners. As a delivering mother, it’s not uncommon for harm to occur such, as tearing or damage to the pelvic floor. Most cases arise from injuries obtained from a traumatic delivery, beyond the norm. PTSD can be claimed for as can site injuries such as a damaged urethra.

If your baby has suffered any of the following, you may have a claim;

  • Shoulder dystocia
  • Erb’s palsy
  • Head injury, brain damage or cerebral palsy
  • Nerve damage
  • Broken bones

Tragically, babies can die when labour isn’t managed properly or when caesarians should have been instigated earlier. Birth injury compensation claims can cover the fatalities of a deceased mother or child who died preventable deaths due to medical negligence.
Psychiatric compensation can be obtained for a mother and father for the loss of their baby.

Time limits do apply when making a claim. From the date of injury or the date it was discovered, parents have three years to apply for compensation. In some circumstances, the trauma isn’t apparent immediately, particularly in children who fail to meet developmental milestones, so there are six years in which to make a claim. A common example may be children diagnosed with cerebral palsy around 18 months of age or older.
In some circumstances, our birth injury lawyers can seek exceptions to extend time limits.

Arnold Thomas & Becker birth trauma lawyers only require legal fees paid upon you receiving your financial compensation. However, there may be some instances in which you may need to pay for medical assessments to build the strength of your case. In most circumstances, we may be able to seek funding for this.

Most commonly shared care GPs, nurses, obstetricians, midwives, surgeons and anesthetists can be responsible for causing trauma. Lack of continuity of care can also pose an issue and cause negligence.

Caesareans are on the increase and account for around 34% of Australian deliveries. The propensity of caesareans is increased in mothers over 40, breeches or multiple births or if in a private hospital. If you or your baby has suffered an injury caused by negligence whilst having a caesarean, you could have a claim for compensation. A common claim can be an anaesthetic error where it can be under or overprescribed.

The length of your case will vary depending on the injuries obtained. Your birth injury lawyer will provide you with updates throughout the process.

Call us today on 1300 333 300 and speak directly with a specialist birth trauma lawyer.