SEEKING COMPENSATION FOR Pregnancy & Childbirth COMPLICATIONS
The arrival of a new baby is a joyous occasion for any family. However, it is a vulnerable time for both the child and mother, and there is always the risk of complications and medical episodes. We trust our hospitals and medical professionals to provide the best care possible.
In the tragic event that a baby is stillborn or dies soon after birth due to an error or negligence by a hospital or medical professional, the parents and other family members may be able to claim for:
- Pain, suffering and psychological injury
- The cost of counselling services
- Loss of income if the mother, father or other family members cannot work due to stress and other psychological symptoms
- Funeral expenses for the baby.
Similarly, if negligent care during labour and childbirth has resulted in permanent physical injury or brain damage to the child, a claim may be made for:
- Pain and suffering endured by the child
- The cost of extra care and equipment the child will require in future
- Future loss of earning capacity.
If you believe you have been the victim of pregnancy malpractice or that your baby has suffered due to negligence, we recommend you speak to a maternity lawyer immediately. Contact the team at Carbone Lawyers, who will help you understand your legal options.
Time Limits on Stillbirth Claims
Claims for psychological injury relating to stillbirth or neonatal death must be made within three years from the date the person became aware of their psychological condition.
Claims for injury to a child due to negligent obstetric or hospital care must be made within three years from the date the injury became apparent.
We strongly recommend you obtain independent legal advice concerning a limitation period, as each claim differs on its own facts. Contact the experts at Carbone Lawyers today.
Pregnancy and Childbirth Medical Negligence FAQs
Can I claim for my child if they’re injured during birth?
Potentially, claims on behalf of children can be subject to different timings than those for adults, including delays to see whether their injuries will stabilise. And, as in the case of other medical negligence cases, the injury must be a result of the medical professional’s actions that were below the standard expected of the average individual in their profession. To learn whether you can claim for your child, start a free claim assessment with our team today.
How do I know if injuries are from legitimate complications or negligence?
Childbirth is often complicated and sometimes injuries occur even when all professionals act correctly. The most common claims of this nature are when the baby isn’t correctly monitored resulting in harm or an incorrect assessment is made, to find out if your case constitutes negligence reach out for a free claim assessment.
What are wrongful birth claims?
‘Wrongful birth’ claims are the often contentious categorisation of claims for medical negligence arising from a child’s birth, as in the case of an unwanted pregnancy or where a pregnancy would have either not occurred or been lawfully terminated if not for the substandard care of the medical professional. Examples include where misdiagnosis of prenatal diseases (and subsequent in-utero exposure to the disease), has caused birth defects that should have been identified, or where negligence in sterilisation/vasectomy procedures and advice result in wrongful conception.
These cases are more complicated than other medical negligence claims due to the potential scope of the damages caused by the negligence, potentially resulting in the costs of raising an unplanned child for many years. Some states in Australia have restricted the ability to recover damages in these cases to preclude expenses associated with the ordinary raising of a child, if you believe you may have a wrongful birth claim contact Carbone Lawyers for a free claim assessment to understand what compensation you may be able to claim.
How do I prove negligence during childbirth?
You must show that the healthcare provider’s actions fell below the standard of care and directly caused harm during the birth that would otherwise have not happened. Carbone Lawyers can assist with expert testimony and thorough documentation to build a compelling case, start your claim today for the best chance at getting the compensation you deserve.
