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. Sometimes, this can result result in injuries and trauma which may be catastrophic in nature. When things do go wrong, it is possible that you might be entitled to compensation.
A birthing injury (including death during birth) refers to one that a woman or her baby sustained before, during or immediately after 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
Compensation may be available if it is possible to demonstrate that the medical care received fell below a reasonable standard. Examples include:
• Delayed decision-making, for example, emergency caesarean sections not being instigated in a timely manner
• Inadequate, or lack of monitoring, for example failure to monitor baby’s movement or induce
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 or before delivery, then a claim for compensation may include:
- Medical expenses
- Loss of past income
- Inability to earn income in the future
- Pain and suffering
- Medical equipment
- Home modifications
- In-home Nursing
- Out of pocket expenses
These claims cover psychiatric or physical injury caused by neglectful medical practitioners. Common injuries that a birthing mother might experience include damage to the uterus or other abdominal structures, tearing or damage to the pelvic floor and vagina or a psychiatric injury from a negligently traumatic delivery.
Common injuries that a newborn may experience include:
- Shoulder dystocia
- Erb’s palsy
- Head injury, brain damage or cerebral palsy
- Nerve damage
- Broken bones
Tragically, babies can pass away when labour isn’t managed properly or when caesareans should have been instigated earlier. Birth injury compensation claims can include compensation for the psychiatric injuries incurred following the loss of the labouring mother or child.
How much compensation you may be entitled to
How much compensation you may receive completely depends on your individual situation. We don’t just look at the birth injury, we also look at the total effect it has had on your baby’s life and yours, including related health issues and complications. We will ask a lot of questions and get to know you and your situation, so we can fight for the full compensation you deserve.