Medical negligence claims involving birth injuries require specific experience and knowledge, so it's important to choose a law firm with a strong and proven track record of success with these types of claims.

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Birth Injury Medical Negligence Compensation Claims Lawyers NSW

If you think you might have a birth injury compensation claim, contact our Compensation & Insurance Claims Team today to book in for a free preliminary assessment phone conference.

Please note: there is a strict 3 year time limit that applies to birth injury claims in NSW, however some restrictions do apply.

What is a birth injury?

A birth injury occurs when a health practitioner performs a birth in such a way that it causes further injury (physical or psychological) to the mother and/or baby, when such further injury ought not to have occurred.

This includes injuries that occurred during the pregnancy, during labour and after the birth.

I was told there are always risks when giving birth, will I still have a claim?

When a Doctor informs you of the risks associated with giving birth, those are risks which may eventuate notwithstanding that the Doctor has exercised reasonable care in assisting you with the birth… and if the doctor does exercise “reasonable care”, and you are unlucky enough to suffer one of those risks, you are unlikely to have a claim.

However, if the Doctor does not exercise reasonable care in assisting you with the birth and you suffer one of the risks as a result, you are likely to have a claim.

Our Medical Negligence Team understands this type of legal subtlety that makes having an experienced medical negligence lawyer an invaluable part of your litigation team.

See Also: Medical Negligence Claims – What do I do?

Are birth injuries as a result of medical negligence common in NSW?

Yes. Medical negligence claims for birth injuries have cost the NSW State Government over $115 million in compensation over the past 5 years (see this news story).

What are the most common types of negligence involving birth injuries?

During Pregnancy

  • Failure to spot signs of maternal diabetes or gestational diabetes
  • Failure to diagnose pre-eclampsia (could result in the death of mother and/or baby)
  • Failure to diagnose the possibility of uterine rupture and/or placental abruption
  • Wrongful Birth – Failure to diagnose a birth defect which, had the mother known about it, would have resulted in the mother terminating the pregnancy early

During Labour (Birth)

  • Depriving a baby of oxygen (resulting in cerebral palsy)
  • Failure to identify a baby with erb’s palsy or brachial plexus injuries
  • Failure to ensure that the placenta is fully delivered (resulting in perineal tearing / septicaemia)
  • Incorrect use of delivery tools (resulting in damage to the brain, scarring or death)

After Birth

  • Abnormal development of the hip joint (Congenital hip dysplasia)

What losses can I be compensated for after a birth injury claim?

  1. Your pain and suffering
  2. Your loss of earnings (past and future)
  3. The cost of medical treatment and surgery expenses (past and future)
  4. The cost of any care provided gratuitously by family and friends
  5. The cost of any care provided on a commercial basis

How do I get started with a birth injury claim?

If you have recently given birth in a NSW hospital and you (or your baby) are now suffering as a result of a birth injury, then you may have an entitlement to bring a ‘Medical Negligence Claim’ against the hospital.

Since 1969 we’ve been helping clients achieve successful outcomes following a birth injury. No matter what the odds are, we’ll fight to protect your best interests and ensure you are awarded the compensation you deserve. We have offices right across NSW.


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