Personal Injury
Medical Negligence Lawyers

Pregnancy and gynaecological injuries that can qualify for compensation include:

• Maternal death
• Negligent management of miscarriage or pregnancy complications
• Epidural complications, catheter injuries, tears and fistulas
• Misdiagnosis or delayed diagnosis of ectopic pregnancy
• IVF and fertility treatment losses
• Failure to diagnose or properly manage preeclampsia
• Placental abruption or uterine rupture
• Mismanagement of gestational diabetes
• Negligent performance of caesarean sections
• Complications from contraceptive procedures or devices
• Birth control failures
• Complications from gynaecological surgeries
• Failure to diagnose gynaecological cancers

To establish a valid claim, you must prove that the healthcare provider breached their duty of care through substandard obstetric or gynaecological treatment, and that this breach caused your injury. At Stacks Goudkamp, our experienced medical negligence lawyers carefully assess each case to determine whether the care provided fell below the appropriate standard of medical practice.

Common examples of negligence in pregnancy and gynaecological care include:

• Failing to order appropriate prenatal screening tests
• Misinterpreting ultrasound results or other diagnostic imaging
• Failing to act on vital signs and symptoms
• Inadequate monitoring of high-risk pregnancies
• Surgical errors during gynaecological procedures
• Incorrect medication prescriptions or dosages
• Failing to obtain proper informed consent for procedures
• Delayed diagnosis of conditions requiring urgent intervention
• Inadequate follow-up after treatments or procedures
• Failure to refer to specialists when complications arise

Pregnancy and gynaecological care requires special expertise and careful attention to symptoms and risk factors. At Stacks Goudkamp, we work with obstetric and gynaecological experts who can identify where care has fallen below acceptable standards.

Proving negligence in pregnancy and gynaecological injury cases requires establishing:

• The healthcare provider owed you a duty of care
• This duty was breached due to unreasonable obstetric or gynaecological care
• The breach caused your injury
• You suffered an injury that qualifies for compensation

We gather evidence from various sources, including:

• Complete medical records from all relevant healthcare providers
• Expert opinions from independent obstetricians and gynaecologists and other experts
• Diagnostic imaging and test results
• Hospital protocols and standard procedures for your condition
• Research literature on standard treatment for your condition
• Your own statement about the symptoms reported and treatment received

At Stacks Goudkamp, we have over 40 years of experience in medical negligence claims and access to highly regarded obstetric and gynaecological experts who can determine whether your care met appropriate medical standards.

Compensation for pregnancy and gynaecological injuries typically covers:

• Pain and suffering and loss of enjoyment of life
• Past and future medical expenses
• Past and future loss of income and earning capacity
• Loss of superannuation
• Care and assistance needs
• Home modifications if required
• Medication and treatment costs
• Travel expenses related to medical treatment
• In some cases, costs related to fertility treatments or family planning

For particularly severe injuries, such as those resulting in infertility or requiring a hysterectomy, compensation may also reflect the psychological impact and life-changing nature of these outcomes.

At Stacks Goudkamp, our medical negligence lawyers work with medical experts to ensure all current and future needs arising from your injury are properly quantified and included in your claim.

In NSW, strict time limits apply to medical negligence claims for pregnancy and gynaecological injuries. Generally, you have:

• 3 years from when you discovered the cause of action
• A maximum of 12 years from when the negligence occurred, regardless of when you discovered the injury

It’s important to understand that “discovery” doesn’t simply mean when the treatment occurred, but when you became aware of each of the following:

• You suffered an injury
• The injury was caused by the fault of the medical professional
• The injury was serious enough to justify making a claim

We recommend seeking legal advice as soon as possible as exceptions may apply in certain circumstances. At Stacks Goudkamp, we can assess your specific situation and help determine the applicable time limits for your claim.

In NSW, certain claims related to unplanned pregnancies or births may be possible:

Wrongful birth claims:

• Parents may claim for the inconvenience and costs of the birth of a normal and healthy child due to medical errors
• These errors can arise from failed sterilisation procedures, contraceptive procedures or mistaken advice
• Compensation is limited
• Parents cannot claim for the additional costs of raising a healthy child but can claim for any physical or psychiatric injury sustained with the pregnancy and delivery and any impact of this on their earning capacity

Wrongful life claims:

• These claims involve the birth of a disabled child
• These claims generally relate to children who were born as consequence of medical negligence in prenatal screening and advice
• The disabled child has no right to compensation, rather their parents and compensation entitlements are restricted

These claims involve complex legal and ethical considerations. At Stacks Goudkamp, we provide sensitive and confidential advice on these matters, taking into account the latest legal developments and your specific circumstances.

Yes, psychological injuries stemming from pregnancy and gynaecological complications may be compensable:

• Psychological trauma from traumatic childbirth experiences
• PTSD following pregnancy complications or emergencies
• Depression and anxiety resulting from negligent obstetric or gynaecological care
• Psychological impact of fertility loss due to negligent treatment
• Grief reactions from preventable pregnancy loss

To establish such claims, you must generally show:

• You have a diagnosed psychiatric condition (not merely distress)
• The condition resulted from negligent medical care
• The psychological impact is beyond normal responses to adverse events

At Stacks Goudkamp, we understand the profound psychological impact that complications in reproductive healthcare can have. Our sensitive approach ensures these invisible injuries receive proper recognition and compensation.

Gynaecological injuries resulting in infertility require special consideration in compensation claims:

• The compensation may reflect both the physical and psychological impacts of infertility
• Future medical expenses may include fertility treatments or assisted reproduction
• The loss of the ability to have children is considered in pain and suffering compensation
• The impact on relationships and life plans is taken into account
• The costs of alternative family-building options may be considered

While no amount of money can truly compensate for fertility loss, the law recognises this as a significant injury with both personal and financial implications.

At Stacks Goudkamp, we approach these sensitive cases with compassion while still advocating strongly for appropriate compensation that acknowledges the profound impact of fertility loss.

Pregnancy and gynaecological injury compensation claims typically take between 18 months and 3 years to resolve, though this timeframe can vary based on:

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

Cases involving long-term consequences such as infertility or disability may take longer to ensure all future implications are properly addressed in the compensation.

At Stacks Goudkamp, we work efficiently to progress your claim while ensuring we never compromise on thoroughness or the compensation you deserve. We keep you regularly updated on the progress and expected timeframes throughout the process.

At Stacks Goudkamp, in most cases, we handle pregnancy and gynaecological 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.