Birth trauma: Seeking legal compensation for physical and psychological trauma

For some, giving birth can be a challenging, scary, and damaging experience, resulting in physical or psychological injuries that may have lasting impacts. This can also affect partners, children, family, and friends of those impacted by birth trauma.

The Australasian Birth Trauma Association defines birth trauma as a woman’s experience of interactions and /or events related to childbirth that cause overwhelming distressing emotions and reactions, leading to short and/or long term negative impacts on a woman’s health and wellbeing. 

One in three women in Australia experience some form of trauma during birth.

Physical trauma

Birth trauma can be psychological or physical, or in some cases both. Physical trauma, also described as birth injuries, occur as a result of the birth. It may be an injury the doctor, midwife or nurse did not notice. Types of physical trauma include:

• Pelvic floor muscle damage
• Pelvic organ prolapse (also known as POP) 
• Bladder damage 
• Perineal tears 
• Infected stitches 
• Incontinence
• Pelvic fractures 
• Cesarean wounds 
• Nerve or pain damage 
• Postpartum haemorrhage
• Hysterectomy 

Psychological trauma 

Birth trauma can also present as psychological. Birth can be an exciting, joyous time, but for some it can feel frightening, or even terrifying. Everyone’s experience is different, and if your birth experience was traumatic for you, then it is considered birth trauma. 

Mental health challenges after a traumatic birth can show up in many ways, and it’s important to know trauma can continue long after the birth. Psychological trauma may present as: 

• Postnatal depression and/or anxiety (PNDA) 
• Postpartum post-traumatic stress disorder (PTSD) 
• Obsessive Compulsive Disorder (OCD)  This can present as obsessive thoughts which can affect our behaviour, such as checking on the baby constantly or recurring thoughts that impact your enjoyment of daily life.

If any of these issues or descriptions sound familiar, either for yourself, a friend or loved one, get in touch with the MEJ team to see if you have a case through their free claim check service, You can speak one on one with an expert, with zero financial commit, to determine whether or not you have a medical negligence claim. 

Seeking compensation for birth trauma can not only help you meet added medical expenses and ongoing support, but also hold medical staff accountable for maintaining a high standard of care. 

MEJ Partner Kate Waterford leads the medical negligence team, and has extensive experience in birth trauma and injury law. 

You deserve better, get in touch with Kate and the MEJ team.