Personal Injury
Medical Negligence Lawyers

Childbirth injuries that can qualify for compensation include:

• Cerebral palsy
• Brain damage from birth trauma
• Hydrocephalus
• Hypoxic-ischemic encephalopathy (HIE)
• Infant meningitis
• Shoulder dystocia causing Erb’s palsy and brachial plexus injuries
• Undiagnosed maternal conditions affecting pregnancy and baby
• Mismanagement of preeclampsia or gestational diabetes
• Complications from inappropriate use of delivery instruments (forceps or vacuum)
• Medication errors during high- risk pregnancy or delivery
• Death of the child due to mismanagement of the labour and delivery

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:

• Parents or guardians on behalf of a child who has suffered birth injuries
• Adult children who suffered birth injuries (within time limitations)
• Certain close family members including the parents and those who witnessed the events

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:

• The healthcare providers owed a duty of care
• This duty was breached due to unreasonable obstetric care
• The breach caused the birth injury
• The injury resulted in damages that qualify for compensation

We gather evidence from various sources, including:

• Complete medical records from prenatal care through to delivery
• Foetal monitoring strips and labour progression charts
• Expert opinions from independent obstetricians, radiologists and neonatologists
• Detailed analysis of the labour and delivery management
• Assessments from paediatric neurologists and other specialists
• Statements from medical staff present during the delivery
• Hospital protocols and standard procedures

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:

• Pain and suffering and loss of enjoyment of life
• Past and future medical expenses, including specialist care
• Rehabilitation and therapy costs
• Assistive technology and adaptive equipment
• Home and vehicle modifications
• Special education and support services
• Care and assistance needs, including nursing care, which may be lifelong
• Lost earning capacity for the injured child

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.

• 3 years from when the cause of action was discovered by the parent or guardian
• A maximum of 12 years from when the negligent delay occurred, regardless of when the injury was discovered

• The child suffered harm due to the delay
• The harm was caused by the fault of the medical professional
• The injury was serious enough to justify making a claim

Yes, psychological injuries stemming from traumatic childbirth may be compensable:

• Mothers who develop post-traumatic stress disorder (PTSD), postnatal depression, or anxiety due to negligent obstetric care may have valid claims
• In some circumstances, fathers or others who witnessed traumatic births resulting from negligence may also have claims
• Parents who suffer psychological injury from caring for a child with serious birth injuries may have valid claims

To establish such claims, you must generally show:

• You have a diagnosed psychiatric condition (not merely distress)
• The condition resulted from negligent obstetric care
• The psychological impact goes beyond the normal stresses of childbirth or parenthood

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:

• Medical specialists evaluate the child’s current condition and future prognosis
• Care experts assess immediate and lifelong support requirements
• Occupational therapists determine home modification and equipment needs
• Educational experts evaluate special education requirements
• Forensic accountants calculate the financial impact of lifetime care and lost earning capacity
• Consideration of life expectancy and how needs may change over time
• Analysis of available public supports and gaps requiring private funding

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:

• The complexity of the medical issues involved
• Whether liability is disputed
• The severity of the birth injuries
• The need for multiple expert opinions
• The time needed to determine the child’s long-term prognosis
• Court schedules if litigation is necessary

Birth injury cases often take longer than other medical negligence claims because:

• It may take time to understand the full extent of the child’s injuries and how they progress during their early schooling
• More extensive expert evidence is typically required
• The stakes are higher due to lifetime care needs
• Legal representatives must ensure any settlement adequately covers lifetime needs

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:

• You pay no upfront legal costs
• We fund all expenses during your claim, including expert medical reports, which can be costly
• Legal fees to us are only payable if your claim is successful
• A percentage of your legal costs will be recovered from the insurer if your claim succeeds

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:

• Compensation payments may affect means-tested government benefits
• Compensation is designed to cover needs that might otherwise be partially met by benefits
• Court-approved payments for children are often structured to ensure maximum protection

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.