Injuries to mothers and babies often happen unnecessarily. Our experienced lawyers handle childbirth negligence and other types of pregnancy complications on a no win no costs basis.
The legislation regarding birth negligence claims varies from state to state. For this reason, we have created separate pages with specific legal information for each jurisdiction.
Or if you would prefer to speak with someone about your experience, please call 1800 106 107 for free impartial advice.
What is birth negligence?
Birth negligence is different to the other types of negligence claims on this site. Your treatment during childbirth can worsen an existing condition, harm you or your child, and may sometimes endanger your life with inappropriate advice. The misuse of forceps is the most common complaint for childbirth negligence.
For these types of claims, a ‘breach of duty’ by the hospital must be established. Their staff must be competent, and the healthcare professionals within them have a reasonable standard of care that they must give to you. If they breach this, then you may be eligible to make a medical negligence claim.
To successfully claim childbirth negligence, you must establish two things:
- There must’ve been a breach of duty (negligence)
- The breach of duty must have been the cause of the loss, injury or damage to you (causation)
If your treatment during birth came with an outcome that you don’t like, that doesn’t necessarily mean you have a claim. You also won’t have a claim if there is a reasonable mistake that a medical professional has made. The medical professionals within the hospital must show that they provided the standard of care that a reasonable body of medical professionals in the same field would regard as acceptable. Your Hospital experience may have resulted in an inappropriate suggestion of treatment. They may also have failed to refer you to a specialist or acted on the result of tests.
Who is liable?
If your medical practitioner didn’t do their job properly in delivering your baby and keeping you as safe as reasonably possible, then they may be liable for the pain, suffering and other factors that may have occurred.
Our specialist solicitors can easily work out who’s liable for causing you or your loved one to suffer. So, call us free on 1800 106 107 to see if you have a case. When calling us, there are no hidden fees; no upfront payments and you have the peace of mind that you have no obligation to make a claim.
There are a number of errors that can be presented as a childbirth negligence case including:
- Hospital-acquired illnesses and infections (such as MRSA)
- Misdiagnosis or failure to adequately test, diagnose and treat before or after childbirth
- Failure to sufficiently check and monitor, leading to problems such as pressure sores, malnutrition or dehydration
- Incorrect medication or treatment given
- Administrative errors
You can claim if you feel that this resulted in injury to you or your child. You will have to identify exactly who brought the order to proceed in a negligent act, whether it be hospital staff or a private surgeon employed by the hospital. It may not be anyone’s fault, but we encourage you to call us to ensure that you are not letting someone get away with endangering you or your child’s livelihood.
What can I claim?
Although some patients may be in a position of greater risk of misdiagnosis (or similar) from their illness, you are entitled to compensation if your hospital is negligent. You may have received care or surgical work that was inadequate or dangerous.
In order to help you understand whether you can make a claim or not, we will need to ask you some questions. These include:
- When did the incident happen (e.g. did your Hospital suggest a medication that was unsuitable at any point)?
- Who was involved in the incident (e.g. did your Hospital suggest you become involved in a risky procedure for example)?
- Whether your medical professional was to blame for the incident (e.g. Did they misrepresent side effects of medication to you)?
- What the impact of the incident is (is your condition now less treatable, or even untreatable)?
If you feel uncomfortable answering any of these questions, we will never rush you to make any decisions or to answer straight away. There is no obligation to make a claim either, so you don’t feel pressured.
You may hear a lot about ‘general’ and ‘special’ damages. General damages are usually pain, suffering and loss of amenity. Special damages are usually medical treatment, loss of earnings and any other expenses incurred. These are assessed on a case by case basis. To find out more, get in touch on 1800 106 107 to find out more information and an obligation free quote.
What will the compensation cover?
If the compensation is a lump sum payment, then you can spend the money in any matter you see fit. Generally speaking, compensation usually covers:
- Lost earnings and future loss of earnings
- Pain and suffering
- Expenses related to travel (e.g. Hospital transport)
- Care costs – these may include the costs to care for you, your loved one, or your children
Legislation makes sure that birth negligence sufferers have certain rights to financial compensation.
Calculate your claim now.
What to do next
Each state in Australia has different time frames in which to claim, but you may be eligible for a number of different claims. After we determine your situation over the phone, we can organise for an independent medical report to ensure that no stone is left unturned in regard to your claim.
Can I claim on behalf of someone else?
You may be able to make a claim or someone else if they are a ‘protected person’. This includes children or someone who’s been injured that can’t make the claim themselves. If you represent them, you will be known as a ‘litigation guardian’ throughout the claim. If a loved one has died from childbirth negligence, you may be able to act on their behalf.
Call us for more information and whether or not you will need to take on this role; we’ll never pressure you into making a decision, and our quotes are obligation-free.