Medical negligence: Pregnancy and childbirth

Can I make a claim?

This area of the law is complicated. Even if you've received negligent treatment, you cannot make a claim if you haven't suffered harm or injury.

To make a successful claim, you'll need to be able to prove that:

• there was negligent medical treatment on the part of your obstetrician, gynaecologist, doctor, midwife or hospital (more than a reasonable mishap or mistake)
• the treatment caused an injury or harm to yourself or your baby that otherwise wouldn't have happened

More information can be found below. This information may be distressing for some users, please navigate this section with care. 

Time limits for making a claim

Time limits vary under the different state and federal laws. In most cases, you need to take legal action within three years. Extensions of time limits may be possible in some cases. Discuss your circumstances with one of our specialised lawyers so you know where you stand.

Compensation and benefits

The compensation and benefits you may receive depend on the severity of your circumstances, the law you're covered by and the state you live in. In some states there's a threshold that determines how significant or severe an injury has to be before you’re entitled to claim damages for pain and suffering.

The compensation you may receive is usually awarded as a single lump sum payment.

Your compensation can cover past, present and future expenses and losses including:

• direct medical expenses
• allied healthcare expenses
• pharmaceuticals
• medical and domestic assistance
• loss of income and future earning capacity
• payment to compensate for pain and suffering and loss of enjoyment of life.