The birth of a child is meant to be a moment of joy. But for some families, it’s marked by trauma, unanswered questions and the realisation that something may have gone terribly wrong. If your baby was injured during delivery, and you suspect medical negligence, you’re not alone, and you may be entitled to compensation.
Pregnancy and childbirth injuries can lead to lifelong consequences, emotionally and financially. In Victoria, the law allows families to seek support when those injuries result from substandard medical care. Learn how to recognise medical negligence, what kinds of injuries may qualify, what compensation is available, and how Carbone Lawyers can help you navigate the process, with no upfront costs under our No Win, No Fee policy.
When birth trauma may result from medical negligence
Not every birth complication is preventable. But if a child suffers harm due to a hospital or healthcare provider’s failure to respond appropriately or follow standard procedures, that may constitute medical negligence.
Medical negligence occurs when a healthcare professional fails to meet a reasonable standard of care, resulting in injury. In childbirth, this could involve delays in responding to fetal distress, mismanagement of labour, or improper use of medical tools. Other examples of negligent care can include:
- Failing to monitor the baby’s oxygen levels during labour
- Delayed decision-making when complications arise
- Improper use of forceps or vacuum extractors
- Poor management of high-risk pregnancies or pre-existing conditions
Each case is unique, but the legal question is always the same: would an experienced and competent medical professional have acted differently?
Types of birth injuries commonly associated with negligence
Some birth injuries are more likely to occur when proper medical care is not provided. If your child has been diagnosed with any of the following, it may be worth exploring whether medical negligence contributed.
- Cerebral Palsy – Can be caused by prolonged lack of oxygen to the brain during delivery
- Brachial Plexus Injury – Nerve damage in the neck or shoulder, usually linked to a difficult or forceful delivery
- Hypoxic-Ischaemic Encephalopathy (HIE) – Brain damage resulting from restricted oxygen and blood flow
- Spinal Cord Injuries – May be caused by excessive force or mishandling
- Bone Fractures or Skull Injuries – Linked to improper use of delivery instruments
- Scalp Lacerations or Haematomas – Resulting from vacuum extraction or other tools
Some symptoms may be evident at birth. Others emerge over time as developmental delays, motor impairments or learning difficulties.
How medical negligence claims work in Victoria
To make a successful claim, three elements must be proven:
- A duty of care existed between the healthcare provider and patient.
- That duty was breached due to substandard care.
- The breach caused the injury.
This process typically involves gathering hospital records, obtaining specialist medical reports, and building a legal case around expert evidence. Carbone Lawyers can manage this process on your behalf. Our team works closely with independent medical experts to assess what should have happened and whether your child’s injury was preventable. It’s also important to know that claims are made against the hospital’s insurer, not individual doctors or nurses.
What compensation can cover
Raising a child with a serious birth injury often comes with significant long-term costs. Compensation is designed to help alleviate that burden and provide for your child’s future.
You may be entitled to claim:
- Ongoing medical treatment and therapies
- Mobility aids, medical equipment and home modifications
- In-home care and support services
- Loss of your own income if you’ve had to stop working to become a full-time carer
- The child’s future loss of earning capacity
- Pain and suffering, for both your child and potentially the parents (where supported)
Time limits for lodging a claim
In Victoria, most personal injury claims must be lodged within three years. However, for injuries sustained at birth, the law gives children until their 18th birthday to begin legal action, followed by an additional six years after that (Limitation of Actions Act 1958).
That said, acting sooner is always better. Records are easier to obtain, assessments are more accurate, and outcomes tend to be stronger when evidence is fresh. If you’re unsure whether time has run out, speak to us. We’ll review your situation and let you know where you stand.
Why families choose Carbone Lawyers
We’ve been helping Victorian families through complex medical negligence cases for decades. We understand how overwhelming it can be to seek answers while managing your child’s care needs. That’s why we take the burden off your shoulders and offer:
- A No Win, No Fee policy, so you face no upfront legal costs
- Expertise in birth trauma and medical negligence law
- A compassionate, personalised approach, we treat you like people, not case files
What to do if you’re considering a claim
You don’t need to be certain that negligence occurred. If you suspect something went wrong during your child’s birth, or you’re concerned about developmental delays now emerging, it’s worth speaking with a lawyer.
We offer free consultations and will give you an honest assessment. If there’s no viable claim, we’ll explain why. And if there is, we’ll guide you through every step, from medical investigations to court proceedings if necessary.
Contact Carbone Lawyers Today
When a birth injury changes the path your child was meant to take, you deserve answers, and a way forward. Legal advice may not undo what happened, but it can help secure the care and support your child needs for the future.If you need legal advice or are unsatisfied with your current lawyers, the Carbone Lawyers team is ready to help. Call 1800 369 888 today.
