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.
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Birth Injury Compensation Lawyers
Pregnancy is an exciting time for couples wishing to have a family. Some women expecting their first child may also feel nervous as they do not know what to expect during pregnancy and labour with delivering their first child. Women and their unborn children deserve to receive adequate care during all stages of pregnancy, including antenatal care, intrapartum care, and post-partum care. If there is a failure to provide reasonable and sufficient care for women and their children at any stage of the pregnancy, labour and delivery, the outcome could be tragic and even catastrophic for both mother and child.
What is a birth injury compensation claim?
A birth injury claim is a claim for compensation from injuries suffered by a mother and/ or child while giving birth. The injury could be 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.
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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.
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.
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.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.
Why Should I Choose Garling&Co Lawyers?
At Garling&Co Lawyers, we treat our clients with respect and support through what can be difficult process. Our lawyers have extensive experience and are all Accredited Specialists in Personal Injury Law, who are dedicated to achieving the best outcomes for our clients. Here are some key reasons to choose us.
Birth Rights Frequently Asked Questions
Common injuries that a child may sustain at the time of birth include brain injury, Erb’s palsy and lacerations or other physical injuries from the use of instruments to facilitate delivery. A child may also suffer a cardiac arrest prior to delivery and may not survive labour and delivery.Â
Injuries that a woman could sustain during birth include the following:
- Tears to the perineum
- Deep lacerations to the birth canal
- Injury to the pelvic floor
- Incontinence of bladder
- Incontinence of bowel
- Requirement for prolonged medical or surgical treatment
- Significant blood lossÂ
- Fistula formation
- Death
If you are a woman who sustained a birth injury caused by negligence, you can claim compensation for your injury. If your child has sustained a birth injury, your child may claim compensation.Â
Parents may also claim compensation for a pure psychiatric injury that they may have developed as a result of witnessing the events surrounding, and allegedly causing, injury to their child.
To be entitled to compensation for birth injuries, you must be able to prove negligence. This means that you must prove that there was a failure to provide you or your child with reasonable care during the management of your pregnancy, labour and/or delivery, and that this failure was a necessary condition of you or your child sustaining injury.
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 or your child have sustained an injury, the injury is the fault of a heathcare provider, and the injury is worth suing over.
If you succeed in proving that there was a failure to manage your labour and delivery with reasonable care and that your birth injury or your child’s birth injury was caused by this failure, you and/or your child will be entitled to compensation. Compensation may include pain and suffering, past and future treatment expenses, lost earnings and personal care and domestic assistance.Â
Compensation for injury arising from a brain injury sustained by a child during birth is usually significant and is much needed to enable the child to access early intervention and have the best quality of life possible.
The value of a claim for compensation for birth injury will depend on the nature, extent and severity of the injuries, their impact on your life, and your prognosis. Compensation is determined by calculating your losses including treatment expenses and lost income and the cost of your ongoing requirements for treatment, personal care, and domestic assistance
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