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Birth injury claim lawyers

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Australia’s #1 plaintiff law firm

No Win, No Fee

Home or hospital consults

No family should have to navigate the complex world of medical negligence alone. Birth trauma can result from medical errors, lack of appropriate care, or delayed interventions during childbirth.

Understanding birth injury claims

When a birth injury occurs, the emotional and financial impact on your family can be devastating. Our dedicated injury birth lawyers understand the profound challenges you're facing and are here to provide compassionate, expert legal support during this difficult time.

Understanding birth injury claims

Birth trauma compensation is a legal pathway designed to provide critical financial support for families facing unexpected challenges. When a child suffers a birth injury or birth trauma, the associated costs can be overwhelming and life-changing. Our compensation claims aim to alleviate these financial burdens by securing funds for:

  • Medical treatments and rehabilitation: Covering ongoing medical care, specialised treatments, and therapies that can help your child's development and quality of life.
  • Ongoing care costs: Addressing the long-term support needs that may include specialised caregivers, nursing support, or daily assistance.
  • Specialised equipment: Funding essential adaptive equipment like wheelchairs, communication devices, or home modifications that support your child's independence and comfort.
  • Therapy and support services: Providing access to physical therapy, occupational therapy, speech therapy, and psychological support for both the child and family.
  • Potential loss of future earnings: Compensating for the potential impact on your child's future earning capacity due to the birth injury.
  • Emotional distress and pain suffering: Recognising the profound emotional toll a birth injury takes on the entire family.

Birth injuries can dramatically alter a family's life trajectory. Birth injuries can not only affect the newborn child, but they can also have lasting and detrimental effects on the person giving birth. Understanding these potential injuries helps recognise the importance of seeking legal support:

  • Cerebral palsy: A neurological condition affecting muscle movement and coordination, often resulting from oxygen deprivation during birth. This can impact a child's ability to walk, communicate, and perform daily activities.
  • Erb's palsy: A nerve injury affecting arm movement, potentially causing weakness, loss of sensation, or partial paralysis. This can lead to lifelong challenges in motor skills and independence. 
  • Brain damage: Long-term neurological challenges, cognitive impairments or developmental delays. Brain damage impacts a child's physical, cognitive, or emotional growth and requires extensive support and intervention. Brain damage can be caused by oxygen deprivation or medical mishandling.
  • Nerve damage: Potentially resulting in sensory or motor function loss, affecting the child's ability to interact with the world. 
  • Fractures: Physical injuries during birth that can cause immediate pain and potential long-term complications. 

Identifying medical negligence is crucial in birth injury cases. These signs indicate potential medical errors that may warrant a compensation claim:

  • Failure to monitor fetal health: When medical professionals fail to adequately monitor your baby’s health in utero, it can lead to complications.
  • Incorrectly interpreting imaging during pregnancy: When medical professionals fail to accurately interpret imaging like ultrasounds during pregnancy, it can lead to complications.
  • Improper birth plan: When the birth plan, including the method of delivery, is not appropriate, it can lead to complications and preventable harm.
  • Delayed emergency interventions: When medical professionals fail to quickly respond to critical situations, it can cause preventable harm.
  • Improper use of medical instruments: Incorrect use of forceps or vacuum extraction causing physical trauma to the newborn.
  • Failure to monitor fetal distress: Overlooking clear signs of fetal stress that could indicate the need for immediate medical action.
  • Incorrect medication administration: Errors in medication dosage or type that can harm either the mother or child.
  • Inadequate response to complications: Not taking appropriate steps when known medical complications arise during childbirth.
  • Lack of informed consent: Failing to fully inform parents about potential risks or alternative procedures before or during childbirth.

Immediate steps are crucial to protecting you and your family’s legal rights. 

  • Keep a comprehensive report: Collect all medical records from pregnancy, birth, diagnosis and subsequent medical care. It’s important to also keep other supporting documentation, such as photographs and treatment records. These are all vital forms of evidence that support the circumstances of birth-related injury claims.  
  • Seek independent medical evaluations: Obtain assessments from medical professionals who can provide an objective view of the injury and its long-term implications.
  • Contact specialised birth trauma injury lawyers: Seek legal counsel from lawyers who specialise in birth injury and medical negligence cases.

search Any Questions? Check out our FAQ.

Steps to begin the legal process

Our comprehensive approach ensures a thorough and supportive journey:

  1. 1. Free initial consultation

    We offer a confidential meeting to understand your unique situation.

  2. 2. Comprehensive case review

    Our expert team meticulously examines all medical records and circumstances surrounding the birth injury.

  3. 3. Medical record analysis

    We work with medical experts to identify potential negligence or malpractice.

  4. 4. Expert medical testimony procurement

    We connect with leading medical professionals who can provide critical testimony.

  5. 5. Detailed claim preparation

    We construct a robust, comprehensive claim that clearly demonstrates the extent of the injury and its impact.

  6. 6. Negotiation or litigation strategy

    We develop a tailored approach to secure the maximum possible compensation, whether through negotiation or court proceedings.

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Our expert medical negligence lawyers bring specialised skills to your case:

  • Comprehensive medical-legal understanding: We bridge the gap between complex medical terminology and legal requirements.
  • Complex case investigation: Our team conducts thorough, detailed investigations to uncover the full circumstances of the birth injury.
  • Expert witness coordination: We work with leading medical professionals who can provide critical testimony.
  • Detailed evidence compilation: We meticulously gather and organise all necessary documentation to build a strong case.
  • Strategic claim development: Our approach is tailored to maximise your potential compensation.

Why you need a birth injury claim lawyer

Professional legal representation is critical in these complex cases, as birth injuries often involve intricate medical evidence and complicated legal procedures that require specialised expertise. An experienced birth injury lawyer not only understands the nuanced medical aspects of these cases but also knows how to effectively negotiate with insurance companies and healthcare providers to secure appropriate compensation. Most importantly, having skilled legal counsel ensures that you can focus on caring for you and your child's health while your attorney handles the complex legal process of building and pursuing your claim.

How we help ease the emotional burden on families

We provide comprehensive support beyond legal representation:

  • Compassionate, supportive communication: We approach every case with empathy and understanding.
  • Clear, jargon-free explanations: We ensure you understand every step of the process.
  • Reduced administrative stress: We handle the complex legal and medical paperwork, allowing you to focus on your family.
  • Comprehensive case management: From initial consultation to final settlement, we manage every aspect of your claim.
  • Emotional support resources: We connect families with counselling and support groups.

Frequently Asked Questions about birth injury claims

Compensation typically includes:

  • Medical expenses: Current and future medical treatments and interventions.
  • Future care costs: Long-term care, therapy, and support services.
  • Rehabilitation services: Ongoing therapies to support development.
  • Assistive technology: Specialized equipment to improve quality of life.
  • Pain and auffering: Compensation for emotional and physical impact.
  • Potential loss of earnings: Future income potential affected by the injury.

While not mandatory, specialised lawyers significantly improve your chances of a successful claim by helping with:

  • Comprehensive claim evaluation: Professional evaluation of the medical events and potential negligence.
  • Maximum compensation: Experienced lawyers know how to accurately value long-term care costs.
  • Navigating complex legal processes: Understanding intricate medical and legal requirements.
  • Understanding medical evidence: Interpreting complex medical records and expert testimonies.
  • Complexity of medical evidence: The intricacy of medical records and expert assessments.
  • Extent of injuries: More severe cases may require more comprehensive investigation.

Understanding the legal timeframes is crucial:

  • Statutory time limits: Each jurisdiction has specific time limitations for medical negligence claims.
  • Discovery rule: In some cases, the time limit may start from when the injury was discovered, not just the date of birth.
  • Special provisions for minors: Many jurisdictions have extended or different time limits for claims involving children.
  • Importance of early action: Consulting a lawyer promptly helps preserve evidence and protect your legal rights.

Start your birth injury claim today

Take the first step towards justice and support. Our compassionate team is ready to listen, understand, and fight for your family's rights.

Contact us today for a confidential, no-obligation consultation.

Need to speak to us sooner? Call us on 1800 111 222


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We have experts all over Australia ready to help you with your birth injury claim.

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Gabrielle Feery

Principal Lawyer, Medical injury

  • Melbourne, VIC
  • (03) 9605 2820
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Ric Traini

Senior Associate, Medical injury

  • Adelaide, SA
  • (08) 7109 2705
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Marie Eberlein

Senior Associate, State Leader Medical Negligence, Medical injury

  • Perth, WA
  • (08) 6220 4300
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Tom Ballantyne

Principal Lawyer, Medical injury

  • Melbourne, VIC
  • (03) 9605 2858

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Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, please call us on 1800 675 346.

We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.