Bringing a child into the world is a moment of joy, but unfortunately, not all births go as planned, and sometimes you have to face the issues with the child birth.
In result, Birth trauma can have long-lasting physical, emotional, and financial consequences for both the baby and the parents.
In Australia, families who experience birth-related injuries due to medical negligence may be entitled to compensation. This guide will help you understand birth trauma compensation, your rights, and how to navigate the claims process.
What is Birth Trauma?
Birth trauma includes injuries, both physical and psychological, suffered by the mother or baby during childbirth, usually due to negligence, malpractice, or failure of the medical practitioner to intervene correctly. For babies, common injuries include cerebral palsy, brachial plexus injury, fractures, oxygen deprivation, and nerve damage. In mothers, it can result in emotional distress, PTSD, tears in the perineum area, damages to the pelvic floor, and excessive bleeding. Families who have suffered such losses from medical neglect, might be entitled to claim compensation with which they could pay the medical bills, the support needed further, and for the mental pain endured.
Medical negligence occurs when a healthcare provider fails to meet the accepted standard of care, which results in harm to the mother or baby. Examples include:
- Failure to monitor fetal distress: If warning signs of distress are missed, the baby may suffer oxygen deprivation, leading to conditions like cerebral palsy.
- Improper use of forceps or vacuum extractors: Misuse of delivery instruments can cause nerve damage or fractures.
- Delayed or incorrect emergency intervention: A failure to perform a timely caesarean section may result in birth injuries.
- Medication errors: Administering incorrect dosages of pain relief or labour-inducing drugs can pose risks.
If medical professionals fail in their duty of care, affected families may be eligible for birth trauma compensation.
Who Can Make a Birth Trauma Compensation Claim?
Birth trauma claims can be made by parents on behalf of their child. It can also be made by mothers who have experienced birth injuries due to substandard medical care, or Family members in cases of severe trauma leading to permanent disability or death.
It’s important to seek legal advice promptly, as strict time limits apply to medical negligence claims in Australia.
What Can You Claim Compensation For?
Compensation is designed to help ease the financial strain caused by birth trauma. Depending on the situation, individuals might be able to claim different types of compensation, including medical expenses that cover past, present, and future costs related to birth injuries. Rehabilitation expenses, such as physiotherapy, speech therapy, and occupational therapy, can also be included to ensure that the injured person receives the necessary care.
If a parent has to leave their job to provide full-time care for an injured child, they can claim loss of earnings as a form of financial relief. Compensation may also address pain and suffering, taking into account both the physical and emotional distress caused by the injury. Furthermore, modifications to the home and specialised equipment may be required for long-term care, and financial assistance can be provided for these changes. Each case is different, and the compensation amount awarded will depend on the severity of the injury and its overall effect on daily life.
The Process of Making a Birth Trauma Compensation Claim
The legal process for making a birth trauma claim involves several key steps:
1. Seek Medical and Legal Advice
If you suspect medical negligence caused birth trauma, consult a medical specialist to assess the injury’s extent. Simultaneously, speak with a solicitor experienced in medical negligence cases.
2. Gather Evidence
Supporting documents will be crucial to your claim. Evidence may include:
- Medical records and reports
- Expert opinions from medical professionals
- Witness statements from healthcare staff or family members
- Photographs or videos documenting the injury and its effects
3. Lodging the Claim
Your solicitor will file the claim on your behalf, outlining the negligence that occurred and the compensation sought. In Australia, medical negligence claims may be settled out of court through mediation, but if a resolution isn’t reached, the case may proceed to court.
4. Negotiation and Settlement
Most birth trauma claims are resolved through negotiations with the responsible hospital or healthcare provider’s insurer. A fair settlement ensures financial support for medical care and other related expenses.
5. Court Proceedings (if required)
If a settlement cannot be reached, the case may go to court. The court will review the evidence and determine whether negligence occurred and what compensation should be awarded.
Time Limits for Birth Trauma Claims in Australia
Time limits apply to medical negligence claims, varying by state:
- For children: In most states, claims must be made before the child turns 18, with an extension period until age 21.
- For parents: Claims for personal injury must usually be filed within three years of the injury occurring or becoming apparent.
Given these strict timelines, it’s advisable to seek legal advice as soon as possible.
Choosing the Right Legal Representation
Navigating a birth trauma claim can be complex, so choosing a solicitor with expertise in medical negligence is essential. Look for:
- Experience in handling birth trauma cases
- No-win, no-fee options
- A compassionate approach to client needs
By understanding the claims process and your rights, you can make informed decisions about pursuing compensation for birth trauma in Australia.
Read more: Fighting for Workers: A $1.4M Compensation Win
United Legal Canberra is here to assist you in filing compensation claims.
Contact our representative today for a free consultation. We will review your insurance needs and take prompt action on your behalf. For more information, call us at (02) 6295 2283 or email us at admin@unitedlegal.com.au. Scheduling an appointment takes just a few minutes.
