Birth trauma and medical negligence: Marina’s story

Marina’s pregnancy was low risk. So, when she and her husband went to the hospital, they thought they’d be coming home with a baby – the third in their growing family.

But when the doctors couldn’t find a heartbeat, Marina’s world was turned upside-down. Marina and her family were now faced with the traumatic impact of a stillbirth.

“We were at the finish line,” she says. “I still can’t believe that.”

Birth trauma: prevalence and causes

Post-traumatic stress disorder is a common outcome of pregnancy and childbirth. In some cases, it can be caused or exacerbated by complications of the pregnancy or injuries to the birthing parent.

It is estimated that one in three women experience birth-related trauma. Yet stigma and societal expectations can lead women to stay silent about their concerns and experiences.

Birth-related trauma can be physical, psychological, or a combination of both. Sadly, birth trauma can be more common in regional and rural areas.

The importance of being heard

Parents can feel pressure to not speak out about their anxieties and concerns, both during and after a pregnancy. Still, it is important to be properly informed in your medical care – and to feel confident in the decisions you and your treating practitioners are making together. After baby Henry was stillborn, Marina suspected that something had gone wrong in her medical care that had contributed to the family’s loss.

Feeling that her doctors had not listened to her concerns, she contacted Maurice Blackburn to speak with our specialist medical negligence team.

“Right off the bat, I felt compassion,” Marina says.

Everyone deserves to be listened to and heard. Sadly, Marina’s concerns during her pregnancy had not been taken seriously. Speaking to us, Marina felt the difference: “It was the first time anyone had said: Marina, this is not right and it’s worth investigating.”

Marina deserved to be listened to and taken seriously from the beginning. In fact, her intuitions and concerns were ultimately validated. 

Independent expertise can validate survivors’ feelings

While investigating the care provided to Marina and baby Henry, our team discussed her matter with an independent obstetrician, who was critical of the care provided to Marina. They confirmed that Marina’s care had been sub-standard, and if not for errors made by her medical team, it is likely that baby Henry may have survived.

While Marina’s intuition was proven right, confirming this knowledge was incredibly distressing for her and her family. These errors can never be undone, but Marina can fight for recognition and compensation – and share Henry’s story.

Medical negligence and birth trauma

If medical errors have contributed to a traumatic outcome of a pregnancy or childbirth, it may fall under the legal definition of medical negligence.

It’s a complex area of law, so it is strongly recommended to seek specialised legal advice.

Our Medical Negligence team specialises in birth trauma cases and understands the importance of being heard and respected during a difficult time in your life.

What to do if you’re impacted by birth trauma

The Australasian Birth Trauma Association website hosts a wealth of material, with guidance and advice for those experiencing birth trauma.

If you have experienced birth trauma, consider speaking to a trusted person in your life and sharing your story. It could be a family member, a friend, or a medical practitioner.

If you’d like to talk to us about your legal options, get in touch for a free, no-obligation consultation with our team.