1
Step 1
Birth Injuries to Mother Claims
You or a loved one may be entitled to compensation if you suffered an obstetric or gynaecological injury due to a failure to offer a Caesarean section delivery on a background of a complicated pregnancy.
Complete in 5 minutes
Have you suffered a serious injury?
We specialise in helping people recover compensation for serious injuries. To see if your case qualifies, please complete our Confidential Free Claim Check.
What type of claim check are you looking for?
Injuries to mother compensation claims
Expectant mothers and their unborn children deserve adequate care during all stages of pregnancy, labour, and delivery. If there is a failure to provide reasonable and adequate care to women at any stage of pregnancy, labour and delivery, the outcome could be tragic and even catastrophic for both mother and child. Women can sustain serious and possibly permanent obstetric and gynaecological complications that could be life-changing for those women.
Many women enjoy uneventful pregnancies, but some develop abnormalities during pregnancy and experience complications during labour and delivery. If abnormalities that develop during the antenatal period are not diagnosed, they could result in complications during the pregnancy. Those abnormalities could also cause serious complications during labour and delivery. There are times when abnormalities or complications are appropriately diagnosed during pregnancy. Still, there is a failure to appreciate their significance and anticipate their potential to cause serious complications during labour and delivery. Sadly, although some of those complications that can develop during labour and delivery are preventable if they are anticipated and addressed, sometimes this does not occur due to a failure on the part of the antenatal team. Those complications could be serious and could give rise to a medical emergency during labour and delivery, and they could be life-threatening to mother and child.
Some common abnormalities or complications that could develop during the antenatal period include gestational diabetes, pre-eclampsia, placental insufficiency, placenta praevia, infection and macrosomia (a larger-than-average baby). If complications during labour and delivery are anticipated based on observations during the antenatal period, many obstetricians now offer the mother a Caesarean section delivery. If the indications for complications are not appreciated during the pregnancy, the mother is not offered a Caesarean section, and she progresses to natural labour and delivery. Delivery of the baby during labour may become a medical emergency due to, for example, the baby’s shoulders being lodged in the birth canal following the delivery of the baby’s head. A Caesarean section cannot be performed at that stage. Doctors race against time to deliver the baby before the baby’s health and well-being are compromised. In these circumstances, the health and well-being of both mother and child could be at risk. Women can suffer serious injuries to the perineum, birth canal and pelvis, requiring long-term medical and surgical treatment. Some women become incontinent of bladder and sometimes bowel due to damage sustained during delivery. Some women could lose a significant volume of blood due to these complications, threatening their survival.
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.
Mother Claims Frequently Asked Questions
A woman could sustain many forms of injury during a complicated labour and delivery. Some common injuries are as follows:
- 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 loss
- Fistula formation
- Death
There are several causes of injuries that a women could sustain while giving birth. Not all injuries are caused by negligence as some birth injuries cannot be anticipated. However, a complicated or prolonged labour increases the risk of injury to the mother (and child). Some of the common causes of injury to the mother include the use of forceps or other instruments to facilitate delivery of the baby, a failure to perform an episiotomy or a failure to terminate labour and perform a Caesarean section.
If you have suffered an injury while giving birth to your child and the injury has persisted and you suspect that the injury was avoidable, 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, labour and delivery, and will provide you with advice on the viability of your claim.
If you succeed in proving that there was a failure to manage your labour and delivery with reasonable care and that your birth injury was caused by this failure, you will be entitled to compensation. Compensation may include pain and suffering, past and future treatment expenses, lost earnings and personal care and assistance.
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.
The value of a claim for compensation for birth injury will depend on the nature, extent and severity of your 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.
If you suspect that your birth injury was caused by negligence and wish to pursue a claim for compensation, the first step is to contact an experienced solicitor. Our experienced specialist birth injury solicitors will explain your rights to you during a free no-obligation consultation. We will investigate a potential claim for compensation by first obtaining your statement and a copy of your relevant medical records. Ultimately, expert opinion will be required in support of the allegations of negligence and the cause of your injuries.
Yes, it is imperative to retain an experienced birth injury lawyer. An experienced birth trauma lawyer would be able to identify the shortcomings in the provision of care to you and conduct a thorough investigation into the circumstances giving rise to your birth injury.
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.
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.Read the latest news in Medical Negligence
Medical Negligence
29 April 2026
min read
How Can I Tell If My Injury Was Caused by Medical Negligence?
In this guide, we explain signs that can determine if your injury was caused by medical negligence. Find out if you have a case for compensation. Read now.
Worker's Compensation
29 April 2026
min read
10 questions you must ask before choosing a compensation lawyer
What area of law do you specialise in? You must choose an expert compensation lawyer. You must retain a lawyer that is a specialist in compensation laws
Medical Negligence
29 April 2026
min read