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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.
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Medical Negligence Experts
Delivery of a child is an incredibly personal experience for most women. Some first-time mothers might even find labour and delivery to be overwhelming in some respects. Fortunately, women can choose the delivery mode that they consider appropriate for them and suitable to their personal needs. In addition to choosing a public or private hospital, women may give birth at a delivery suite or birthing centre. Some women even prefer to deliver their children in the comfort of their own homes with the support of a midwife or doula, surrounded by their loved ones.
Many women are keen on the most natural form of labour and delivery without needing medication or medical monitoring and intervention. Those women often choose birthing centres. The care that women receive at birthing centres is predominantly midwifery care.
The availability of birthing centres no doubt reduces the pressure on delivery suites. The invaluable hard work of skillful and dedicated midwives affords women the choice to give birth to their babies at a birthing centre. However, women should be mindful of the potential risks and complications that could arise during labour and delivery, particularly at a birthing centre. Midwives must be able to identify the clinical indications that require obstetric intervention and must be able to promptly and effectively communicate with the obstetric team to enable mother and child to receive appropriate obstetric intervention in a timely manner if required. There are times, however, when this does not occur, and the outcome could be tragic.
It is possible for the midwifery team to wrongly consider that a woman’s labour is progressing well and not recognise that obstetric review and intervention are required. It is also not unusual for birthing centres to provide care to multiple women simultaneously, and sometimes, there may not be enough midwives available to service all those women. This results in inadequate monitoring of the labour progress and deficient care for those women. Additionally, CTG monitoring of the fetal heart rate is not regularly performed at birthing centres. Without adequate fetal heart rate monitoring, fetal compromise is unlikely to be detected. This could result in fetal compromise not being detected, and the opportunity to deliver the baby via Caesarean section safely is missed. Severe fetal compromise or prolonged compromise could lead to a brain injury, which could have a catastrophic impact on the child and result in profound permanent impairments and life-long disability.
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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.
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Birthing Centres Frequently Asked Questions
Serious injuries to both mother and baby can occur if the mother’s labour and delivery are not managed with reasonable care and skill in a birthing centre. Women can sustain internal injuries such as lacerations and can lose a significant volume of blood, which can be life-threating and even fatal for some women. Babies can also sustain lacerations and physical injuries as well as profound injuries such as brain damage that results is lifelong disability and even demise of the baby.
One woman’s experience of giving birth at a birthing centre could vary greatly from the experience of another. Some factors that may commonly influence your experience at a birthing centre include the number of available midwives that day, their level of skill and experience, and how busy the birthing centre is at the time of your admission to give birth. A huge factor that influences a woman’s experience of giving birth at a birthing centre is whether she is a suitable candidate to give birth at a birthing centre. A woman that develops complications during the antenatal period and/or is expected to develop complications during her labour and delivery is not a suitable candidate to give birth at a birthing centre as this increases the risk of injury to the mother and her unborn child.
Some of the potential causes of injury during childbirth at birthing centres include a failure to monitor the heart rate of the baby adequately and regularly before birth, failure to accurately interpret a CTG trace and failure to identify medical situations that require urgent obstetric intervention.
If your baby sustained an injury at, or around, the time of birth, it is likely that your child has needs for treatment and even care, which are often expensive. You must diligently contact a specialist birth injury solicitor. The solicitor will promptly request your obstetric medical records and your baby’s antenatal records in order to explore the circumstances that gave rise to your child’s injury. You must not delay exploring your child’s entitlement to compensation as compensation is usually significant and enables your child to access expenses treatments and early intervention, and have the best quality of life possible.
If you or your child suffered an injury while giving birth at a birthing centre and you suspect that the injury occurred as a result of a failure to manage your labour and delivery with reasonable care, it is wise to seek legal advice from an experienced solicitor. Your solicitor will explore the level of care that was provided to you at the birthing centre and will provide you with advice on the viability of your claim. Your solicitor will investigate a claim on your behalf and obtain the necessary evidence on your behalf. Ultimately, expert opinion will be required in support of the allegations of negligence and the cause of the injury you or your child sustained.
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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.
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