Birth Injury and Birth Truma Claims: Introduction and Overview
Birth as a physiological process is an intensely meaningful yet unpredictable journey for a woman and her baby to experience. It is a time for women to be most empowered in their decision making and their own body. Unfortunately, some women’s birth experience can be deeply traumatic and dangerous, which can lead to ongoing physical and mental injury.
Our mission is to help women to reclaim their autonomy and regain self-determination by assisting them to receive the compensation they are owed following birth trauma.
Medical Negligence Claims
In Australia, Midwives’ and Obstetricians are part of a multi-disciplinary team who collaborate to provide women care in the antenatal, intrapartum, birth and postnatal stages. As professionals, they hold a duty of care to both women and their babies.
To commence a claim in medical negligence for birth trauma or injury, it is necessary to establish that the healthcare provider did not meet the standard of care required by that professional. This can be proven by demonstrating that; the practitioner owed a duty of care, which was breached and in consequence caused harm to you or your baby.
Negligence by a birth provider can occur due to several reasons:
• Improper fetal monitoring either by CTG or intermittent auscultation
• Failure to facilitate birth in a timely matter
• Failure to receive consent or listen to the birthing woman.
• Failure to recognise fetal compromise in labour
• Understaffing and inexperienced staff
• Charting of incorrect medications
• Improper or unnecessary induction of labour processes
• Use of unnecessary birth instruments (i.e., forceps) or episiotomy
• Poor management of maternal bleeding (Post partum haemorrhage)
Consequences of birth negligence can lead to:
- Ongoing complications from severe perineal tears, including urinary and faecal incontinence.
- Pelvic floor prolapse and ongoing pain during sexual intercourse.
- Perineal or caesarean section wound infection.
- Postnatal depression (PND) and Anxiety - includes feelings of extreme sadness, hopelessness and affects a woman’s ability to bond with her baby.
- Post Traumatic Stress Disorder (PTSD) as a consequence of a distressing birth experience create physiological distress, intense fear or flashbacks/ nightmares re- experiencing the event.
- Hypoxic Ischaemic Encephalopathy (HIE) of the neonate, which is a result of a lack of oxygen (birth asphyxia) to the baby’s brain in labour that can cause brain damage and long-term disability e.g., cerebral palsy.
Compensation for birth Injury includes:
- Damages for ongoing medical and healthcare costs
- Compensation for time off work and,
- Ongoing emotional pain and suffering
How We Can Help You.
At Stern Law, we understand and respect the magnitude of a woman’s birth experience including the possibility of deeply traumatic and distressing events which have ongoing implications for women and their families. These claims require a team of medical negligence specialists who understand the sensitive nature of birth trauma claims and can support and guide you through the entire process.
The nature of these claims is complex and requires solicitors who are specialised in medical negligence law. With your consent, we will request your personal medical records, which will be reviewed by specialist medical negligence solicitors and expert medical advice to determine whether you have grounds for a claim.
For an empathetic and compassionate approach to compensation, reach out to our team of experts in medical negligence at Stern law.
Please call us on (02) 9387 1399 or email us at reception@sternlaw.com.au
We look forward to sharing this journey with you.
Disclaimer: The content of this article is intended only to provide a summary and general overview of matters of interest. It does not constitute medical or legal advice and should not be relied on as such.
References:
Ertan, D., Hingray, C., Burlacu, E., Sterlé, A. and El-Hage, W., 2021. Post-traumatic stress disorder following childbirth. BMC psychiatry, 21, pp.1-9. https://doi.org/10.1186/s12888-021-03158-6
Postnatal depression (2023) Centre of Perinatal Excellence. https://www.cope.org.au/new-parents/postnatal-mental-health-conditions/postnatal-depression/
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