Have you been the victim of negligent medical treatment? Our specialised and experienced medical negligence lawyers will fight for the compensation you deserve.
Birth Injuries Compensation Claims
The birth of a child should be one of life’s most joyful experiences. When birth injuries occur due to medical negligence, the consequences can be devastating for both the child and family, often affecting the child’s entire life and fundamentally altering the family’s future.
Birth injuries can occur in many ways. These preventable complications include oxygen deprivation during labour, mismanagement of delivery complications, failure to detect foetal distress, inappropriate use of delivery instruments, and negligent obstetric care. Even routine deliveries can result in life-changing consequences when proper standards of care are not met.
Beyond the immediate trauma, birth injuries often lead to lifelong disabilities, extensive medical treatments, special education needs, ongoing care requirements, and significant financial strain through lost income and extraordinary expenses for the child’s lifetime care.
At Stacks Goudkamp, we understand the profound impact birth injuries can have on your family. Our medical negligence lawyers have extensive experience helping families affected by birth injuries in securing the compensation they deserve and providing crucial financial support to ensure the child’s lifetime needs are met.
If your child has suffered a birth injury and you suspect negligence played a role, our specialists can help determine if you have grounds for a successful claim that will provide for your child’s future.
At Stacks Goudkamp, our lawyers are experienced in bringing claims for children and mothers who have been injured during labour as a result of medical negligence. You can read some of our previous cases on our case studies page.
Contact your local team for a personal consultation to find out if you are eligible to make a claim. Call 1800 950 378 or contact us today.
Understanding Birth Injury Claims
Every birth injury claim in NSW is different, and most cases involve complex medical and legal considerations that must account for a child’s lifetime needs.
The starting point in understanding whether you may have a birth injury compensation claim is to contact Stacks Goudkamp to discuss your individual circumstances.
Birth injury claims are particularly challenging because they require establishing that the injury resulted from preventable medical negligence rather than natural complications of childbirth. These cases can be difficult to prove without proper and considered legal investigation that examines the entire course of pregnancy, labour, and delivery care.
What makes these claims especially emotional is that they involve seeking justice for an innocent child who has been harmed. Many families feel overwhelmed by the prospect of legal action while caring for a child with special needs, but also recognise the importance of securing resources for their child’s future.
However, all obstetric professionals owe both mother and child a duty of care during pregnancy, labour, and delivery. If they breach this duty through preventable mistakes or by failing to respond appropriately to complications, you may be entitled to compensation for your child’s injuries and losses. Medical professionals must carry professional negligence insurance which is activated through a claim.
Even if complications arose naturally during birth, you may still be entitled to compensation if the medical team failed to respond appropriately or if you were not properly informed about risks that could have been managed differently.
Why Choose Stacks Goudkamp For Your Birth Injury Claim?
Our medical negligence lawyers have more than 40 years of experience representing families affected by birth injuries throughout NSW. We understand the unique challenges these cases present and the devastating impact that birth injuries can have on a child’s life and the entire family’s wellbeing and financial security.
We know that pursuing a claim, while caring for a child with special needs, can feel overwhelming. Our compassionate team provides clear guidance through every step of the process, handling the complex legal aspects so you can focus on your child’s care and development.
Stacks Goudkamp has built an outstanding reputation in birth injury claims. We work closely with leading obstetric and paediatric experts who can precisely identify where care fell below acceptable standards. Our meticulous approach to gathering evidence and building compelling cases has resulted in numerous successful outcomes for families.
We understand that each birth injury case is unique and requires careful assessment of the child’s lifetime needs. Whatever the case, we tailor our approach to your specific circumstances and your child’s particular requirements.
In most cases, we handle birth injury claims on a No Win, No Fee basis. We advance all expenses related to your claim, including costly specialist medical reports and expert assessments, ensuring financial concerns do not prevent you from pursuing justice for your child. Our transparent fee structure means you will understand the process completely before proceeding.
If your child has suffered a birth injury, contact Stacks Goudkamp today for a free, no-obligation consultation. Our experienced birth injury lawyers will listen to your experience, provide an honest assessment of your case, and explain how we can help secure the compensation your child deserves for their lifetime needs.
What was meant to be a routine hysterectomy for Nicole turned into years of operations, more than 100 hospital admissions, needing a permanent ileostomy bag to collect her faeces and being almost wheelchair bound. She went from being an assistant in nursing caring for others to having to accept that she needed to be cared for. Nicole was scared about bringing a medical negligence claim and that no one would believe her. Stacks Goudkamp had the privilege of helping Nicole and her husband through their journey. This is Nicole’s story.
Rosemarie had problems following a hip replacement. Health professionals did not listen to her complaints. She felt vulnerable and scared. Finally, her sister-in-law took her to another surgeon and contacted Stacks Goudkamp.
Rosemarie was scared that no one would believe her, she was worried about how a medical negligence claim would affect the doctor. Rosemarie was worried about not being able to help her family. She was worried about everyone but herself despite being in chronic pain, unable to do basic activities.
We listened to Rosemarie and supported her through the journey of her successful medical negligence claim. This is Rosemarie’s story.
Childbirth injuries that can qualify for compensation include:
To establish a valid claim, you must prove that the midwife or obstetrician breached their duty of care through substandard care during pregnancy, labour, or delivery, and that this breach caused the birth injury. At Stacks Goudkamp, our experienced childbirth injury lawyers carefully assess each case to determine whether the care provided fell below the appropriate standard of medical practice.
Several parties may be eligible to make birth injury compensation claims:
Birth injury claims can be particularly complex when they involve claims on behalf of children, as they must account for lifetime care and assistance needs and potential lost earning capacity. At Stacks Goudkamp, we have extensive experience representing families affected by birth injuries and can advise on who may bring a claim in your specific circumstances.
Proving negligence in birth injury cases requires establishing:
We gather evidence from various sources, including:
At Stacks Goudkamp, we have over 40 years of experience in medical negligence claims and access to highly regarded obstetric and paediatric experts who can determine whether the birth injury resulted from substandard care.
Compensation for birth injuries typically covers:
Birth injury cases often involve substantial compensation amounts because they must account for lifetime care needs and support. At Stacks Goudkamp, our birth injury lawyers work with medical experts, care specialists, and financial advisors to ensure all current and future needs are properly quantified and included in your claim.
Yes, psychological injuries stemming from traumatic childbirth may be compensable:
To establish such claims, you must generally show:
At Stacks Goudkamp, we understand the profound psychological impact that traumatic childbirth experiences can have. Our sensitive approach ensures these invisible injuries receive proper recognition and compensation.
Compensation for children with serious birth injuries involves detailed assessment of lifelong needs:
These assessments are particularly complex for children as the full impact of their injuries may not be apparent for years. At Stacks Goudkamp, we work with experts who can project future needs based on current development and ensure your child’s claim accounts for all lifetime requirements.
Birth injury compensation claims typically take between 2 and 5 years to resolve, though this timeframe can vary based on:
Birth injury cases often take longer than other medical negligence claims because:
At Stacks Goudkamp, we work efficiently to progress your claim while ensuring we never compromise on thoroughness or the compensation your family deserves. We keep you regularly updated on the progress and expected timeframes throughout the process.
At Stacks Goudkamp, in most cases, we handle birth injury claims on a No Win, No Fee basis, meaning:
Unlike some firms, we don’t use litigation lenders who charge high interest rates for funding medical reports and other expenses. We cover these costs ourselves, ensuring you don’t face additional financial burdens during an already challenging time.
During your initial consultation, we’ll explain our fee structure clearly so you understand the process completely before proceeding.
Birth injury compensation may affect certain government benefits, but proper planning can mitigate this impact:
The interaction between compensation and government benefits is complex and requires careful planning. At Stacks Goudkamp, we work with financial advisors who specialise in disability planning to ensure your child’s compensation is structured optimally. We can help you understand the potential impacts on benefits and develop strategies to ensure your child’s financial security and ongoing care needs are met.
Being a victim of medical negligence can have a severe impact on your life and financial position. If you have been injured due to negligent medical treatment you may be entitled to claim compensation.
It is important to understand that compensation is awarded for the way you are worse off as a result of the medical negligence, and not just for the fact that negligence occurred. For this reason, Stacks Goudkamp will take the time to understand your circumstances before, and after the medical incident so that we can better craft your claim for compensation.
Once we truly understand your personal, family, and working circumstances we can maximise the compensation that you can claim under the various heads of damages that are available. In NSW damages for medical negligence claims are assessed under the Civil Liability Act 2002 (NSW).
These include allowances for actual losses, including both past and likely future losses.
Such as:
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For over 40 years, Stacks Goudkamp has been helping injured Australians to receive the compensation they need and deserve.
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For
over 40 years, Stacks Goudkamp has been helping injured Australians to receive the
compensation they need and deserve.
Call or Email us to start the process and to receive expert legal advice for personal injury or compensation claims. Seek the professional support you deserve on (02) 4058 2715 or enquire online through our website.
We are just a call or email away. Do not struggle with complex personal injury claims processes and in dealing with insurance companies on your own. We are here to listen and to help you to get the compensation you deserve.
We will not charge you for a comprehensive initial consultation where we will listen to your needs and provide you with free detailed advice. Compassion is what drives us. You can be sure that your questions will be answered.
Here, we will explain the next steps and what it takes to achieve the best possible outcome.
We will not require you to pay our legal fees, or any expenses (disbursements), unless we win your personal injury claim i.e you receive compensation. We know that being injured can result in terrible financial pressures.
We pride ourselves on giving every injured Australian the peace of mind that we will look after them by acting on a no win no fee basis for their compensation claims.
Contact your local team for a free consultation to find out if you are eligible for compensation
I could write a book as to how the last 4 years would have been different if not for Tom and his team.
The support, assistance, advice from the first conversation till even after the settlement was second to none from the team at Stacks Goudkamp.
Four years on and after many downs, my children and I have our lives back.
We are unable to THANK YOU enough, but know that you have changed our lives for the better in so many ways since the accident.- Andrew and Family