Birth Injuries

Bringing a little one into the world is a joyful and life-changing moment for all parents. However, it is well known that the labour and delivery process comes with risks to the health of both mother and to the baby.

Fortunately, the vast majority of deliveries and births in Australia are uncomplicated. Sadly, sometimes things can go wrong. Injuries being suffered by newborn babies during their birth are almost always unexpected and can be very traumatic for the family.

We regularly speak to Obstetricians, Neonatologists and Paediatricians who often say that babies are “built” to withstand the extraordinary conditions they are placed under during their delivery. However, when the care of a baby before, during and after the birthing process is managed incorrectly, babies can tragically suffer birth injuries and disabilities.

Injuries suffered by newborns can be extremely subtle, and other times they can be profound. They can range from mild learning or intellectual disabilities to more serious conditions such as brain damage, resulting in cerebral palsy and autism.

Some babies can also suffer physical injuries during their delivery such as broken bones and physical deformities as a result of instruments used by doctor and delivery techniques.

Identifying Birth Injuries

It is important for parents to identify whether they believe birth injuries suffered by their child has been caused as a result of medical negligence.

When a baby suffers such devastating injuries, the expenses surrounding their ongoing medical treatment and personal care are very high, and place their families under extraordinary financial and emotional stress.

If a birth injury has been caused as a result of medical negligence, families may be entitled to compensation to help support them with the immediate and future costs of things such as:

  1. Ongoing specialist treatment;
  2. Allied health therapies such as physiotherapy, occupational therapy and speech pathology.
  3. Medication;
  4. Commercial and Nursing Care;
  5. Domestic Assistance;
  6. General Practitioner costs;
  7. Equipment and aids; and
  8. Home modifications.

Families are also able to recover compensation for the child’s potential difficulties with obtaining employment in the future, to ensure the baby’s needs are provided for well into the future.

They are also reimbursed for amounts they have paid prior to the claim settling for expenses incurred in connection to treating and caring for the baby.

How can we help?

We regularly act for the families of children who have suffered birth injuries, including extremely serious injuries, and also less serious ones.

We are experienced in preparing these claims to the highest standard to ensure that families receive the most compensation to which they are entitled.

Written by Mark Crollos.

Mark Crollos is a lawyer in Julie Mahony’s Practice Group. Mark works on a variety of different compensation matters, with a particular focus on medical negligence claims.

For further information about Medical Negligence claims, enquiries can be made to Stacks Goudkamp’s Sydney office on 02 9237 2222 or by submitting an online enquiry at