Becoming a parent and bringing a baby into the world should be one of the most meaningful moments in a family’s life. But for some families, childbirth can be a journey which involves unexpected challenges and life-altering complications.
Some parents feel disrespected and disregarded by healthcare providers and pressured not to raise their concerns during the birth. Other families might experience medical events or care that cause deep distress or even physical injury to the mother or baby.
What can birth injuries look like?
Medical negligence can lead to many types of birth injuries. Some of these injuries can be quickly identified and treated, but other birth injuries may take years to identify and can require lifelong care.
Birth injuries to the baby
Brain related injuries may include cerebral palsy, hypoxic-ischaemic encephalopathy (HIE) and brain haemorrhage.
Physical injuries to the baby
Physical injuries may include lacerations, bruises and broken bones, skull fractures, brachial plexus injury, Erb’s palsy, and shoulder dystocia.
Injuries to the mother / parent
Physical injuries may include vaginal and perineum tears, pelvic organ prolapse, pelvic fractures, C-section wounds and infections, bladder injuries, and post-partum haemorrhage.
Parents may also suffer psychiatric injury caused by a traumatic labour or delivery and may be entitled to a nervous shock claim.
What kind of negligent medical treatment causes injuries during childbirth?
Sometimes families experience medical care or advice that contributes to their traumatic birth experience and birth injuries.
Some examples of negligent medical treatment or advice might include:
- Failure to monitor the baby or mother properly during labour
- Failure to recognise an emergency
- Failure to respond to an emergency properly
- Use of excessive force during delivery
- Delay in delivering a child or providing treatment
- Failure to use proper skill or care to perform any procedure during labour or delivery, including epidural anaesthetic and instrumental delivery
- Genetic misdiagnosis and failure to detect dangerous medical issues
What can I get compensation for?
Medical treatment can be expensive, and caring for an injured child can be time consuming and exhausting work. Compensation cannot fix the emotional and physical harm caused to you or your child by a traumatic birth experience, but it can help ease financial and emotional burdens as your family recovers.
Birth injury compensation varies on a case-by-case basis, but generally includes compensation for:
- Non-economic loss such as pain and suffering;
- Economic loss due to the inability or reduced ability to work;
- Medical treatment such as specialist appointments and surgery;
- Allied health treatment such as physiotherapy, speech therapy, occupational therapy, learning supports and other rehabilitation treatment;
- Home modifications, aids and equipment;
- Care and assistance such as the cost of carers and domestic services.
What times limits apply?
If you believe you have suffered an injury as a result of negligent medical treatment, you should obtain legal advice early. A lawyer specialising in medical negligence claims will assist with investigating whether you have a claim.
In South Australia, personal injury claims are subject to a three year time limitation which means that a Claim must be filed in Court before the third anniversary of the injury. However, where a child has suffered an injury, the three year period commences on their 18th birthday, meaning that a Claim must be filed in Court before their 21st birthday.
How can Mellor Olsson help me with my medical negligence birth injury claim?
If you or someone you know has concerns about the events surrounding a birth, please contact one of our lawyer specialising in medical negligence claims.
Mellor Olsson has over 50 years’ experience acting for people who have been injured as a result of medical and hospital negligence. We provide legal advice at an early stage of the process, enabling our clients to obtain a clear picture of what they might be entitled to, and removing some of the stress from the situation.
We provide a free, no-obligation initial consultation to all potential medical negligence birth injury clients where we can advise on your personal situation and the best way to proceed.
Dealing with a birth injury claim can be a complex and sometimes overwhelming process, so it is vital you know your rights and to engage a lawyer who specialises in medical negligence claims.
For further information, you can call us on 8414 3400 or email [email protected].