Pregnancy and childbirth should be one of the most exciting and incredible times of our lives. However, in the unlikely event of a tragedy resulting in a birth injury, families are often left not only emotionally, but also financially devastated.
What is Birthing Injury Compensation?
Birthing Injury compensation allows the families of infants born with birth injuries due to medical negligence to 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 involved accountable for their negligence.
Although birthing injury compensation varies on a case-to-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, and pain and suffering; and,
- The loss of entitlement to work in a chosen profession or at all.
Shine Lawyers - Medical Negligence Practice
Shine Lawyers Medical Negligence team is comprised of carefully-selected lawyers solely dedicated to handling cases of medical malpractice. For more information on the process involved in bringing a claim for compensation, watch our step-by-step guide below:
Our offer to you
Common questions about Birthing Injury Compensation
In order to be successful in a birthing injury compensation claim it is necessary to demonstrate that:
- There was a doctor/patient relationship at the time of the injury;
- That the doctor and/or healthcare provider was negligent in its treatment; and,
- That this negligence resulted in the birthing injuries.
A doctor/patient relationship exists between you, your infant and your medical team during pregnancy and childbirth. This can include midwives, nurses and specialists as well as doctors, however it does not include advice given by anyone else.
The most common claims involve birthing injuries such as restricted oxygen, cerebral palsy, achial plexus injuries, spinal cord injuries, cervical dystonia, and other injuries such as cuts, lacerations, and bone fractures. Sadly, most birthing injuries could have been prevented, and are often the result of medical negligence such as failure to adequately monitor, failure to accurately diagnose and treat, and failure to take reasonable preventative measures.
If you believe that one of these actions may have resulted in birthing injury, your legal team will be able to access the necessary medical records and experts to determine whether or not you have a claim for birthing injury compensation.
If you or your family have suffered a birthing injury as a result of negligence by your healthcare providers, you are entitled to compensation to help you rebuild your future. To find out more about your rights, contact Shine Lawyers for an obligation-free consultation. Your local team will explain you options clearly, and provide you with some advice and support so you can decide what is best for your family.
Where you are located isn't necessarily a barrier when it comes to obtaining the services of a medical negligence lawyer. We're experts when it comes to medical negligence related claims and we can help you get the compensation you deserve.
It doesn't matter if you are located close or far away from a Shine Lawyers office - we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.
Our compensation experts are in the following locations:
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Why you should choose Shine Lawyers to handle your claim
Hear from some of our clients
History of Shine Lawyers
The Shine Lawyers team
Shine Lawyers also have accredited specialists in personal injury law across the nation: QLD
Jodie Willey, Brisbane
Kathryn Rayner, Townsville
Melissa O'Neill, Brisbane
Michelle Wright, Springwood
Roger Singh, Brisbane
Simon Morrison, Brisbane
Ron Kramer, Fairfield
Susan Newman, Sydney
Zlatko Mackic, Liverpool
Stuart Le Grand, Melbourne
Latest from the blog
Back to school road safety
During the busy rush of getting kids ready for a new year of school with books, uniforms and bags, it’s important for parents to ensure their children are stepping into the new school year on the right, and safe, foot. A recent study has returned some alarming statistics, showing that over 70 percent of drivers […]Read more
SSM: Wedded bliss still needs legal protections. A checklist for the newly married.
It’s an exciting day for same-sex-couples in Australia who are now able to officially wed from today but a legally binding marriage isn’t the safeguard for all your rights. It is important to remember there are legal changes all married couples still need to make to ensure their new husband or wife is protected under […]Read more
Mark Bates – This is my story
Mark was an electrician by trade, the bread winner for his wife and daughter. A fit and active 43-year-old, Mark enjoyed riding motorbikes, particularly his Yamaha Road Star. Mark was returning home from work. Mark was riding his motorbike home from a job site when he was t-boned at an intersection by a four-wheel drive. […]Read more