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:
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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
Shine Lawyers are expert medical negligence lawyers that can help you get the compensation you need. Click on the link below for more information about how Shine Lawyers can help you.
Shine Lawyers also have accredited specialists in personal injury law across the nation:
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