In Australia, every medical professional has a duty of care to protect you and your baby. We’re lucky to have such a high level of maternity care in this country.
But, despite this, some births are more difficult and bring unexpected complications. Some complications can cause avoidable harm to the baby or mother.
Birth injuries or trauma can be emotionally devastating for families and add an unnecessary financial burden if ongoing care and treatment is needed.
If you as a mother or your baby has suffered birth injuries or trauma due to a medical professional’s negligence, you can claim compensation for the subsequent emotional and financial damage.
What are birth injuries?
In terms of medical negligence, a birth injury is any harm (physical or mental) that a mother or baby suffers before, during or after a birth. This birth-related trauma can be physical, psychological or both.
However, not all birth injuries are the result of negligence by the hospital, clinic or medical professional.
Negligence that causes birth injuries
These are the most common factors or errors that can cause birth injuries during labour or delivery, or immediately afterwards:
- failing to detect, diagnose or treat infections
- inadequate monitoring
- delaying action, including scheduling and urgent Caesarean deliveries
- administering incorrect medication or dosage
- not getting informed consent or discussing risks of procedures and tools
- handling the baby incorrectly during and after delivery
- failing to review radiological imaging for potential complications
- failing to detect umbilical cord issues, such as prolapse
- failing to assess the baby’s position before labour and during delivery
- failing to diagnose or manage gestational diabetes, pre-eclampsia, etc.
- incorrectly using instruments, such as forceps, urinary catheter, etc.
- incorrectly administering anaesthetic
performing procedures incorrectly.
Is your birth injury due to medical negligence?
In some cases, the injury will be obvious as soon as a baby is born. But sometimes you won’t become aware of the injury for some time. In babies, an injury can range from minor cuts and bruises to neurological damage. (This doesn’t include ‘congenital defects’, which arise before the baby is born.)
Some mothers may not immediately realise they have a birthing injury. You might realise that something has gone wrong later once you’re back home. Some mothers may feel like their medical professional doesn’t take their concerns seriously.
You should seek legal advice as soon as you’re aware of the injury.
Physical birth injuries can include:
- gestational diabetes
- pre-eclampsia or eclampsia
- broken bones, fractures, bruising
- uterine ruptures
- fissures, fistulas
- tears, lacerations
- wounds, infections
- muscle damage
- emotional or psychological trauma.
Psychological injuries include:
- depression
- anxiety
post-traumatic stress disorder.
What to do next
Obviously the health of you and your baby is paramount. If either of you suffer an injury before, during or after the birth, take these steps:
- Get medical treatment immediately.
- Contact your hospital or other medical professional to find out what happened.
- Consider joining a related support group or speak to a psychologist.
- Contact a lawyer about making a medical negligence claim.
Making a medical negligence claim for birth trauma is intended to help compensate for the financial, physical and emotional toll of these injuries.
It can cover:
- necessary medical treatment, therapy and supports
- medical bills
- lost income
- ongoing care needs, like home and transport modifications
- non-economic damages like pain and suffering.
Every case is different and the amount of compensation you can receive depends on factors such as:
- the extent of the injury
- the long-term effect on health and quality of life
the economic loss suffered.
Can you claim medical negligence for you and your child?
Yes. Unfortunately, some medical negligence cases can cause injury to both the baby and the mother. So you can make a claim for both where relevant.
To prove that medical negligence directly caused your birth trauma, you need to prove that:
- you were a patient when the injury occurred
- the hospital/clinic/healthcare professional was negligent in their treatment
- you or your baby suffered a birth injury directly because of their negligence.
You need to provide the right evidence to prove your claim, including details of your treatment (or lack of treatment).
This is where an experienced medical negligence lawyer can be your best asset. They can guide you through the process of making a claim and work on your behalf to get the best result for you.
Your legal team may gather evidence by:
- collecting all the required medical records
- getting expert medical advice about the treatment or advice you received and how it may relate to your birth injuries
- engaging medical experts to assess the injuries.
To have the best chance of a successful claim, you need to show that the medical professional could have avoided the injury. The professional did not live up to the expected standard of care and the injury was the result.
Be aware that many birth injury claims can go on for years because the claim can’t be settled until it’s clear that the injuries won’t get any worse. But you should start your claim as quickly as possible so your lawyer can get access to all the medical records and other documents needed for the claim.
How can Main Lawyers help?
At Main Lawyers, we understand that no amount of compensation will make up for the trauma that your family has experienced.
But it can make life a little easier by taking the financial stress off your shoulders. Knowing that you’ll have money coming in to cover medical bills, lost income and ongoing care is one less thing to worry about. And it ensures that the hospital or health professional acknowledge their role in what happened.
Remember: not every lawyer is an expert in medical negligence so it’s essential to get advice from someone with the right expertise. Our lawyers have spent years providing support for families navigating this complex area of the law and get everything they deserve.
If you believe that you or your baby has suffered a birth injury due to medical negligence, contact us for a no-obligation discussion today.
