BIRTH INJURY COMPENSATION
Birth injury and obstetric negligence cases are a major area of practice and one of considerable complexity. Julian Johnson Lawyers are committed to handling your child’s birth injuries compensation claims with respect and care. If you’d like to discuss whether your child has a birth injury compensation claim, contact Julian Johnson Lawyers and our experienced team will be able to assist you.
BIRTH NEGLIGENCE COMPENSATION CLAIMS FROM CHILDBIRTH COMPLICATIONS
We have considerable experience in handling birth negligence compensation claims arising from complications of childbirth. There are 4 main categories of birth injury compensation claims handled:
- Where injury and disability is suffered by the child, potentially as a consequence of shortcomings in the doctor/midwife/hospital’s care.
- Where, tragically, the baby dies either before or during delivery because of shortcomings in care (commonly, when warning signs were ignored and the baby ought to have been born earlier or treatment given while in utero).
- Where it is alleged the mother has suffered injury during or following childbirth that ought to have been avoided.
- Where a baby is born following negligent contraception, sterilisation (vasectomy, tubal ligation etc) or antenatal testing (misinterpretation of obstetric ultrasound etc), so called ‘wrongful birth’ cases.
BIRTH NEGLIGENCE COMPENSATION
Birth injury compensation claims often involve difficult issues, not just as to whether the medical advice or care provided was below an appropriate standard. Issues arise commonly as to whether or not shortcomings in the care provided led to the baby’s poor outcome. Considerable debate may also be encountered in terms of the baby’s life expectancy and likely long-term care needs.
This is an exceptionally complicated area of law and medicine. It is difficult to obtain expert opinions from fair and objective neonatologists, paediatric neurologists etc on such issues. Fortunately, we have built up strong relationships with a number of leading specialists who are prepared to provide their opinions on obstetric negligence cases we handle in this area.
EXPERIENCED BIRTH INJURY AND OBSTRETIC NEGLIGENCE LAWYERS
In our view, anyone contemplating investigating or pursuing a birth injury/negligence compensation claim should very carefully question their prospective lawyer as to their experience and resources to handle such a matter. Obstetric negligence is not an area for the faint-hearted or, the inexperienced.
Our firm specialises exclusively in medical negligence claims, which no other firm in Western Australia does. This focus allows us to develop deeper expertise, sharper skills and a thorough understanding of this highly specialised area. We find it rewarding helping individuals and families who have suffered due to substandard medical care.
Our team brings together both legal and medical experience, giving us practical insight into how hospitals, maternity units, clinics and healthcare professionals operate day-to-day. This real-world understanding often proves crucial when investigating what went wrong and uncovering the full picture in your birth injury compensation case.
Below is a list of some of the cases we have handled (and are handling) relating to obstetric negligence and birth injuries.
- Excessive administration of syntocinon.
- Excessive “trial of scar” on 2nd pregnancy, leading to ruptured uterus (and baby’s death).
- Failure to identify likelihood of very large baby and hence advise client of option of caesarean section.
- Failure to monitor labour following administration of prostaglandin gel (titanic contraction causing baby’s death).
- Failure to transfer mother to theatre before commencement of instrument assisted delivery.
- Failure to delay caesarean section until effective epidural working.
- Failure to warn of risks associated with epidural anaesthesia during labour.
- Excessive force during instrumental delivery.
- Failure to identify and promptly repair 3rd degree tear occurring during delivery (several).
- Failure to promptly identify ectopic pregnancy.
- Failure to arrange repeat anatomical ultrasound scan (despite radiologist’s advice to do so).
- Failure to identify profound abnormalities evident on 18 week scan and advise parents of option of pregnancy termination.
- Failure to identify foetal growth retardation and consequently arrange early delivery of baby.
- Failure to identify mono-chorionic, mono-amniotic twins and hence arrange early delivery.
- Failure to properly examine and investigate mothers attending with threatened pre-term labour (several).
- Failure to properly treat infection in threatened pre-term labour mother.
- Failure to correctly review CTG tracing and consequent failure to arrange urgent caesarean delivery.
- Negligent manner of repair of episiotomy and tear.
About Julian Johnson Lawyers
Renowned as Perth’s leading medical negligence lawyers, JJ Law is headed by Kimberley Bavin and Anna Sundararajan. Together, they embody JJ Law’s commitment to delivering some of Perth’s highest quality and specialised legal services in the medical field.
Kimberley Bavin
Kimberley, a Notre Dame University Australia alumna, honed her litigation skills during a significant period at Bradley Bayly Legal. With her deep involvement in high-stakes court cases, Kimberley is renowned for her dedication to medical negligence claims.
Anna Sundararajan
Anna, having joined the firm in 2017, uniquely combines her legal acumen with a rich nursing background. This experience enriches her approach to complex legal cases. Together, they embody JJ Law’s commitment to delivering some of Perth’s highest quality and specialised legal services in the medical field.
FREQUENTLY ASKED QUESTIONS ABOUT BIRTH INJURY COMPENSATION CLAIMS
What is birthing injury compensation?
Birthing injury compensation refers to financial remuneration or damages awarded to parents or individuals who have suffered injuries during the process of childbirth due to medical negligence or malpractice. It is intended to help cover medical expenses, ongoing care costs, and other losses resulting from the birth injury.
What types of birth injuries are eligible for compensation?
Birth injuries that may be eligible for compensation typically include a range of physical and neurological conditions caused by medical errors during labor and delivery. Common eligible injuries can encompass cerebral palsy, brachial plexus injuries, brain damage, fractures, and nerve injuries, among others.
Will I need to go to court for my birth injury compensation claim?
Most birth injury claims are resolved long before reaching a courtroom. Once we obtain support from an independent medical specialist, there is a strong likelihood your claim will settle at a pre-trial conference. For more than 90% of cases no trial is ever needed.
In the small number of birth injury compensation claims where settlement isn’t possible, you can choose whether to proceed to trial. If that happens, we work closely with you, preparing your case in detail and doing the substantial groundwork needed to give you the strongest chance of success.
What is needed for a birth injury compensation claim?
To pursue a birth injury compensation claim, two key elements must be established: first, that the medical care fell below an acceptable standard (negligence), and second, that this substandard care caused harm.
- Negligence – It must be shown that the doctor, health professional or hospital failed to exercise “reasonable care,” which is the minimum standard expected of someone with their skills and expertise.
- Harm – It must also be proven that proper care would have prevented or reduced the harm suffered.
How can I determine I have a birth injury compensation claim?
To determine if you have a birth injury compensation claim, contact Julian Johnson Lawyers and our experienced team will assist. We will assess your medical records, review the circumstances surrounding the childbirth, and consult with medical experts to ascertain if there were instances of negligence or substandard care that directly led to the birth injury.
Can parents claim for psychological trauma after birth injuries?
In some circumstances, parents may be able to claim for psychological injury arising from traumatic birth events. Eligibility depends on the specific facts of the case.
How long do I have to make a birth injury claim in Australia?
Birth injury claims are subject to strict time limits, which vary depending on whether the claim is made on behalf of the parent or the child. Special rules often apply for minors.
Do I need specialist medical evidence for an obstetric negligence claim?
Yes. Obstetric negligence claims usually require specialist medical opinions to assess whether the standard of care was breached and whether that breach caused the injury. Your lawyer will help obtain this evidence.
We understand that often deciding to investigate a claim is a very big first step to take. Most people are frightened of or at least apprehensive of the legal system, lawyers, or at the thought of ‘taking on’ a doctor, hospital or ‘the medical profession.’
To make it as easy as possible, just fill out the form and we will contact you to let you know whether we think investigating a claim is something you should think about. There’s no obligation and no fee involved.
If you’d prefer, we can even just send you an email answering your question (if it is simple enough!) or pointing you in the right direction.
If we think a claim is worth investigating, we’ll arrange to meet for a coffee and a chat.
If you want, go ahead and let us help you with the first step.
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Unit 2, 194 Hay Street
Subiaco