BIRTH INJURY COMPENSATION
BIRTH NEGLIGENCE COMPENSATION CLAIMS FROM CHILDBIRTH COMPLICATIONS
Birth injury and obstetric cases are a major area of practice and one of considerable complexity and controversy. Julian Johnson Lawyers are committed to handling your birth injuries compensation claims with respect and care.
We have considerable experience in handling birth negligence compensation claims arising from complications of childbirth. There are 4 main categories of 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).
- claims where it is alleged the mother has suffered injury during or following childbirth that ought to have been avoided.
- claims when 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 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 cases we handle in this area.
EXPERIENCED BIRTH INJURY AND NEGLIGENCE LAWYERS
In our view, anyone contemplating investigating or pursuing such a birth injury/negligence compensation claim should very carefully question their prospective lawyer as to their experience and resources to handle such a matter. This is not an area for the faint-hearted or, in our view, the inexperienced.
Below is a list of some of the cases we have handled (and are handling) relating to birth negligence and obstetric care.
- 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
Renowned as Perth’s leading medical negligence lawyer, Julian Johnson is the founder and principal of Julian Johnson Lawyers. He graduated in Law from the University of Western Australia in 1988 and became a partner at Ilbery Barblett and O’Dea, before establishing his own firm in 2001. Julian is dedicated to assisting those who have suffered from inadequate medical care. He is recognised as a leading national lawyer in medical negligence by Doyle’s Guide.
FREQUENTLY ASKED QUESTIONS
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.
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.
THE FIRST STEP: CONTACT US
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.