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Birth injury lawyer

Medical negligence

Pregnancy and childbirth should be one of the most exciting and special times of our lives. However, In Australia, approximately one in three women experience some form of birth trauma during childbirth.

In the unfortunate event of medical negligence during the pregnancy, labour or delivery can result in birth injuries. This can cause emotional and financial devastation. 

What is birthing injury compensation?

Birthing injury compensation allows the families of infants born with birth injuries due to medical negligence cope with the extensive medical expenses involved in raising a child with disabilities, as well as the ongoing costs of care and support throughout the child’s life. It also provides compensation to mothers who are injured due to negligence during childbirth and holds the medical practitioner or professional involved accountable for their negligence.  

Although birthing injury compensation varies on a case-by-case basis, it generally includes compensation for: 

  • Medications, consultations, and other treatments associated with the immediate and long-term management of the injury; 

  • Physical and occupational therapy, speech therapy and other rehabilitation; 

  • Family counselling and psychological services; 

  • Home adaptations, aids and equipment, and long-term educational and vocational needs; 

  • Non-economic damages such as emotional distress, pain and suffering; and 

  • The loss of entitlement to work in a chosen profession or at all.

Common injuries to a child from birth trauma

  • Brachial plexus injury;  

  • Infection; 

  • Broken bones or fractures; and  

  • Death. 

When an injury to the child has occurred, the following secondary injuries to the mother can include:

  • Forceps or instrumental trauma; 

  • Perineal tears; 

  • Pelvic fractures; 

  • C-section wounds and infections; 

  • Pelvic floor muscle damage; 

  • Psychological injury.

What to do if you have suffered from birth trauma

Seek professional treatment

If you are suffering from birth trauma, the most important step is to get the appropriate treatment for you or your child. You may need to seek professional treatment or advice from your GP or a specialist such as; a gynaecologist; fertility specialist; urologist; psychologist; pelvic health physiotherapist; or paediatrician.

Ask your hospital to explain what happened

It may help to reach out to your hospital to obtain details about what happened so that you can better understand why your injury occurred. Although it can be painful to relive the experience, it may help you and your lawyer to understand whether medical negligence may have occurred.

Consider joining a birth trauma support group

Mothers who suffer from birth trauma can sometimes experience feelings of shame and failure because of the idea that “birth should be a beautiful experience”. If you are experiencing any of the symptoms of birth trauma, it is important to know that there are several resources and support groups available.

The Australasian Birth Trauma Association (ABTA) provides resources on their website to assist those suffering from birth trauma to understand what they are going through. The ABTA also lists a variety of support options, including peer and group support services, mental health support services and treatment, and services specific to partners and families.

You may be entitled to claim compensation. Start the process with our simple and free online tool.

I only have a landline

What we will ask:

  • Question to help us understand your experience and how your life has been impacted. Your responses will help us define the best course of action for your claim.

What happens next:

  • Either book a no obligation appointment with a medical negligence legal expert right away or,

  • Speak with our team about your options

How Shine can help

We have helped thousands of Australians right wrong and access more than $1 billion per year in entitlements and compensation through our expert services. 

95% of the cases we represent are settled without the stress of going to court. 

We offer access to affordable legal advice including on a No Win, No Fee* basis and an obligation-free initial consultation so you can understand your rights and know where you stand. 

We are ready to take action, supporting your choice to hold negligent healthcare and medical partitioners to account and right wrong. 

*Conditions apply 


Can I represent myself, or do I need a medical malpractice lawyer?

It is possible to legally represent yourself when making a claim however, doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.   

Independent expert evidence is needed to progress your claim and this can be difficult for an individual to obtain.  

Without the right legal advice and support, you then may not receive the compensation you're entitled to.

Is there a medical negligence lawyer near me?

With more than 40 branches across Australia and 1000+ team members, location is no barrier when it comes to accessing Shine Lawyers legal advice and support 

If you’d like to speak to our Medical Negligence team in person, you can see our full list of location here

If you aren‘t able to find a location near you, we can easily arrange an obligation-free virtual appointment or discuss the option to meet at a location that’s comfortable and convenient for you. No matter where you are located, we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.

Why trust Shine to be my medical negligence lawyers?

At Shine Lawyers, we put your first. We’ve been standing up for the rights of everyday Australians for over 45 years. As one of Australia’s largest litigation law firms, we are here to help you get the justice you deserve. 

Our empathy, understanding and expertise is why we’re ahead of the pack. We’ll stand with you and guide you through every step of the way.

Do you have a claim?  

We’re here to make the claims process as simple and stress-free as possible.

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