1
Step 1
Inadequate monitoring of baby’s heart rate
If your child has suffered birth trauma or a brain injury, which you suspect occurred at or around the time of birth, your child may be entitled to substantial compensation.
Complete in 5 minutes
Check if you're eligible for compensation
Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.
What type of claim check are you looking for?
Birth Complications Due to Improper Fetal Heart Monitoring
Pregnant women can choose the delivery mode that they consider appropriate for them and suitable for their personal needs. In addition to choosing a public or private hospital, women may choose to give birth at a delivery suite or birthing centre. Some women even prefer to deliver their children in the comfort of their own homes. Regardless of the preferred mode of delivery, adequate fetal heart rate monitoring is imperative to achieving good health outcomes for babies.
Women have varying experiences with pregnancy, labour and delivery, and the birthing process could be unpredictable, especially for first-time mothers. While some women have uncomplicated births, others might be ‘high-risk’ or might experience complications during labour.
Fetal heart rate monitoring allows the obstetric team to monitor the baby’s well-being and assess if the baby is coping well with the stresses of labour.
Fetal heart rate monitoring is particularly important in high-risk pregnancies and cases of prolonged labour as it allows the obstetric team to detect early signs of a non-reassuring heart rate or warning signs of impending fetal distress. Early detection of fetal distress allows the obstetric team adequate time to terminate the labour and recognise that delivery via a Caesarean section is warranted. Usually, if the baby is promptly delivered, brain injury could be avoided or minimised. However, if those early signs of distress are not detected because of either absent, or inadequate, fetal heart rate monitoring, the baby could sustain a permanent brain injury. In extreme cases, the baby could suffer a cardiac arrest in utero, requiring resuscitation at birth. Sadly, some babies cannot be resuscitated.
How The Claims
Process Works
From your first consultation to settlement, we guide you through every step of your claim so you know exactly what to expect.
2
Step 2
Understand what you are entitled to, the process and timeframe
3
Step 3
Proceed on a No Win No Fee basis
4
Step 4
Your case is built using the best experts to achieve the optimum result
5
Step 5
You will be kept updated throughout the process
6
Step 6
We will secure the financial result in the shortest possible timeframe
Start your free
claim today
Allowing seriously injured people to secure the compensation they deserve so they can return to enjoying life.
Unsure? Give us a call
What Our Clients
Are Saying
Featured Testimonial
I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference. Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze. When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire team. Outstanding results - highly recommended.
Inadequate Monitoring Frequently Asked Questions
The medical team’s failure to monitor and recognise a concerning fetal heart rate can lead to health risks for the mother and the baby. Common birth injuries include:
- Hypoxia/Anoxia – partial or complete deprivation of oxygen
- Brain damage
- Cerebral Palsy
- Paralysis
- Nerve damage
- Stillbirth
Depending on the severity of the insult causing damage and the length of time your child was exposed to the insult birth complications can lead to severe medical consequences ranging from a temporary and treatable injury, to a life-long medical condition or disability, or even wrongful death. These situations are traumatic for you and your family and can take a tremendous financial toll.
Just because you or your child suffered an adverse outcome does not necessarily mean that your healthcare provider was negligent. Common forms of negligence that relate to fetal heart-rate monitoring include:
- Failure to identify abnormalities
- Failure to monitor continuously when necessary
- Improper installation of the monitoring device
- Misreading heart rates of the mother or child
- Failure to take appropriate action when the mother or baby was in distress
If your child suffered a birth injury and you suspect that the injury was caused by a failure to adequately monitor your child’s heart rate, it is wise to seek legal advice from an experienced specialist birth injury solicitor. Your solicitor will investigate the level of care that was provided to you during your pregnancy and to your child during birth and will provide you with advice on the viability of a claim for compensation for your child.
If your child succeeds in proving that there was a failure to adequately monitor his or her fetal heart rate during your labour and delivery and that this caused an injury, your child will be entitled to compensation. Compensation may include pain and suffering, past and future treatment expenses, and personal care and assistance. Your child may also be entitled to claim loss of earning capacity if your child is incapable of working in the future.
Ordinarily, you must commence formal legal proceedings within three years of the time at which the alleged negligence occurred. This is subject to the time that you discovered, or ought to have discovered, that you have sustained an injury, the injury is the fault of a heathcare provider, and the injury is worth suing over.
A solicitor will usually take your statement and request a copy of your obstetric medical records and your child’s neonatal medical records. A solicitor will then review the medical records in order to determine if fetal monitoring was performed as necessary and if so, if there were fetal heart rate abnormalities that warranted intervention that was not provided to you. A solicitor will be able to identify the nature of expert medical evidence required for your child’s claim to succeed. A solicitor will also provide you with advice as to the timeframe of commencing formal legal proceedings and of your child’s entitlements to compensation.
Seek Other Medical Negligence Claims
Medical Negligence
Lawyers in Sydney &
NSW
Helping seriously injured people secure the compensation they deserve so they can return to enjoying life.
Doctor Negligence Lawyers
If the care you received from a doctor or GP falls below an acceptable standard leading to illness, injury, or worsened existing conditions, you may have the right to claim compensation for your pain and suffering and associated financial losses.Take action today and secure the justice you deserve by contacting our experienced Doctor Negligence Lawyers.
Birth Injury Compensation
You and your child may be entitled to compensation, if you have suffered an injury following pregnancy, labour or delivery, and you suspect the injury was caused by a failure to provide you or your child with adequate care at any time during your pregnancy and leading up to the birth of your child.
Forceps Delivery Injuries
You may be entitled to compensation if you or a loved one suffered an injury due to the incorrect or inappropriate use of forceps or other obstetric instruments.
Midwife Negligence Claims
If you or a loved one suffered an injury due to the provision of inadequate care by a hospital's antenatal clinic or midwifery team, you may be entitled to compensation.
Stillbirth Claims For Compensation
If you or a loved one have suffered the loss of a baby and developed a significant psychiatric injury due to witnessing the events surrounding the loss of your baby. In that case, you may be entitled to compensation.
Negligence in antenatal prenatal care
If you or your child have suffered an injury following pregnancy, labour, or delivery, and you suspect the injury was caused by a failure to provide you or your child with adequate antenatal care, you or your child may be entitled to compensation.
Injuries sustained at birthing centres
If your child has suffered birth trauma or a brain injury, which you suspect occurred at or around the time of birth, your child may be entitled to substantial compensation.Read the latest news in Medical Negligence
Medical Negligence
29 April 2026
min read
Am I Suffering Because of Medical Negligence?
Do you think you're suffering because of medical negligence? Read our in-depth guide to learn about indicators and what to do if you're in this situation.
Medical Negligence
29 April 2026
min read
How long does a medical negligence claim take?
Understand how medical negligence claims are resolved, from evidence review to courtroom outcomes. Explore frequently asked questions and learn more now.
Medical Negligence
29 April 2026
min read