Birth injuries and trauma claims

Welcoming a child into the world should be a joyful occasion. Unfortunately, it can be a challenging, scary and damaging experience, resulting in physical or psychological injuries that may have lasting impacts. When things go wrong in pregnancy or birth, parents and baby can suffer injury, and joy can quicky turn into fear, heart break and uncertainty about the future. Such events can also affect partners, children, family and friends of those impacted by birth trauma.

What are birth injuries and trauma?

‘Birth injuries’ includes any harm suffered by a newborn or parent during labour and delivery. These injuries may result from complications such as mismanagement of risk factors, oxygen deprivation, delayed caesarean sections, or improper use of forceps or vacuum extraction. In some cases, they stem from a failure to monitor the birthing parent or baby adequately during labour.

Birth trauma can also refer to psychological and emotional harm, often experienced by parents who felt unsupported, ignored, or mistreated during childbirth.

Common examples of traumatic birth compensation claims include:

• Cerebral palsy or brain injuries caused by oxygen deprivation
• Brachial plexus injuries (e.g. Erb’s palsy)
• Spinal cord injuries
• Stillbirth or neonatal death
• Psychological birth trauma (for either parent)
• Pelvic floor damage or other physical trauma to the birthing parent, due to mismanaged labour or delivery

If your experience involved any of the above, you may have grounds for a birth trauma compensation claim.

How we can help

Our team of birth injury lawyers has extensive experience navigating complex birth trauma cases. We investigate the care provided by obstetricians, midwives, hospitals, and other medical professionals, to determine whether there was a failure in duty of care.

At MEJ, we work to secure compensation for:

• Pain, suffering and loss of enjoyment of life
• Medical expenses (current and future)
• Rehabilitation and therapy costs
• Loss of income or reduction in earning capacity
• Pain and suffering
• Ongoing care or support needs
• Psychological trauma

We understand the sensitivity of birth injury claims, and we ensure that your case is handled with discretion and empathy. Whether you’re pursuing justice for your child or for yourself, our birth trauma lawyers are committed to achieving the best outcome.

Do I need a birth injury lawyer?

Pursuing a birth injury claim without legal support can be overwhelming, especially when dealing with medical institutions or insurance companies. Having a knowledgeable birth injury lawyer on your side ensures that your rights are protected, evidence is properly gathered, and your case is presented thoroughly.

Our birth trauma lawyers can:

• Review your medical records and identify potential negligent acts or omissions for further investigation
• Obtain expert medical opinions to support your claim
• Handle all correspondence with insurers or defendants
• Negotiate an outcome with the insurers or defendants on your behalf
• Represent you in court if needed

We work on a No Win, No Fee basis, meaning you won’t pay us for our legal work unless we succeed in securing compensation for you. We will enter into a costs agreement with you specific to your case.

Time limits for birth injury claims

In Australia, strict time limits apply to medical negligence claims, including birth trauma compensation. In general, legal action must be commenced within three years of the date of injury or the date the injury was discovered. In cases involving minors, longer limitation periods may apply. The laws relating to limitation periods are complex and thus it is important to obtain legal advice specific to your circumstances.

We encourage you to seek legal advice as soon as possible to get further advice about time limits that apply to your claim or your child’s claim. That way, you can protect your rights and ensure your claim for compensation is not barred by time limits.

Why choose MEJ?

For over 40 years, MEJ has been helping individuals and families across Canberra and the ACT recover compensation and regain control after injury. We combine decades of deep legal experience with a personalised, client-first approach. Our team are:

• Experts in birth injury claims and traumatic birth compensation
• Delivering proven results across complex medical negligence cases
• Providers of compassionate, responsive legal support
• Offer a No Win, No Fee policy
• Based in Canberra and serving the ACT community

Speak to a birth trauma lawyer today

If you believe you or your child has suffered due to negligent care during childbirth, don’t navigate this journey alone. Our lawyers for birth injury can help you understand your rights and options. Contact MEJ today for a free, confidential consultation.

Call us on 1800 570 778 or 02 6257 2999

Submit an enquiry online to speak with a birth trauma attorney.