We all want the birth of our child to be trouble-free. However, complications can occur to either the mother or child, which may turn the wonderful experience of childbirth into a living nightmare. If you or your child has suffered a birth injury and you think someone else may be at fault, it’s worth calling our friendly legal specialists on 1800 106 107 to figure out if you are entitled to make a claim.
Talk to our NSW clinical negligence lawyers on 1800 106 107.
Causes of Birth Injuries
Doctors, obstetricians, midwives, nurses, and other health professionals can cause birth injuries in a variety of ways. Minor birth injuries, such as swelling and bruising to the mother or child, are very common. These often heal within a few weeks.
Birth injuries or difficult births could also happen despite nobody being at fault, such as when births are complicated by a baby being unusually large, being born prematurely or having an abnormal birthing presentation such as a breech delivery (head first, instead of legs first).
However, sometimes birth injuries are caused by negligence by doctors or other hospital staff. In these cases, it is important for parents to find out if they are eligible to claim compensation, especially if that injury has proved to be life-altering for the mother or child.
Forms of Birth Injury Claims
Birth injury claims fall into two categories: injury to the mother, or injury to the child. We can help with either type of compensation claim, including birth injury claims such as:
- Wrongful birth
- Nerve damage
- Perineal tears
- Injury caused by Caesarian section (also known as C-Section)
Perineal Tears: Extreme Tears
There are clear protocols for the management of tearing of the tissue between the vagina and anus (known as the perineum) during childbirth. For example, a second-degree tear may be stitched (sutured) in the birthing ward. Third and fourth-degree tears due to elevated risk of complication or infection should be remedied in an operating theatre.
If you feel your third or fourth-degree tear was misdiagnosed or left untreated, you may be entitled to compensation.
Cut to The Baby From a C-Section
A C-Section involves an operative procedure where a doctor makes incisions via the mother’s abdomen and womb (uterus) in order to deliver a baby. If your child was cut and needed stitches following a C-Section, you may be able to make a risk free birth injury claim.
Bladder Injury From a C-Section
Cutting a bladder during a C-Section is not typically an example of negligence However if the damage to your bladder was not diagnosed and dealt with quickly, it may be considered negligence.
Bowel Injury From a C-Section
If a doctor injured or damaged your bowel during a C-Section, and it was not repaired at the time, this may have made you unwell. A leaking or ruptured bowel could lead to infection or blood poisoning (sepsis). Contact us if you believe you’ve experienced this type of birth injury.
Even if the injury you or your baby suffered isn’t listed, we can still help you make a birth injury claim.
Steps to Take Following a Birth Injury
If you’ve experienced a birth injury, a compensation claim might be furthest from your mind. However, we do know that compensation can make it easier to navigate what bumpy roads lie ahead.
Millner and Knight can help you make a case for compensation for a number of birth injury claims.
To make sure you’re eligible to claim, they’ll need to work out a few crucial details such as:
- Was the injury avoidable?
- Did you receive adequate care?
- Did a specific action or inaction result in a birth injury?
Not sure? We can help. Our friendly legal advisors are happy to talk through your experience with you to make an assessment.
Learn more about our no win-no lose guarantee here.
Claiming Compensation For a Birth Injury
We have experience in dealing with several birth injury claims. If you feel your midwife, nurse or doctor was negligent and resulted in a birth injury to yourself or your child, call our helpful advisors today on 1800 106 107 to help you through the process. There’s no obligation to proceed.