• Overview and Examples
  • What You Need To Know
  • Client Reviews
  • Specialising Lawyers
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Overview

Birth Trauma

There are many instances of birth trauma that can be the subject of a medical negligence compensation claim. In circumstances where the mother has been the victim of medical negligence at the time of birth, then the mother can claim compensation. In other cases where the child is the victim of medical negligence, then the child's parent can make a claim on their behalf.

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What You Need To Know

Are You Eligible to Make a Claim?

Are you entitled to make a birth injury claim? If it is established that the trauma suffered during birth by either the mother or the child was caused by the negligence of the doctor, midwife or other medical practitioners due to a breach of their duty of care, then a claim for compensation can be made. 


Why Are Brydens Lawyers the Right Representation for You?

Brydens Lawyers are the experts in the prosecution of birth injuries and trauma medical negligence cases. We have a dedicated medical negligence department and a panel of medical experts available to give evidence in court against doctors, hospitals or other healthcare practitioners who have been negligent in the treatment of their patients. If you are seeking a birth injury compensation claim, then we can help you get the outcome you deserve.

When you engage a birth injury lawyer through Brydens Lawyers, you are choosing a firm that specialises in reviewing medical records and liaising with medical experts. We also strive to break down complicated medical and legal jargon for our clients to ensure that they are kept informed every step of the way. This is so our clients can understand the legal process and what is involved in successful medical negligence claims.

Brydens Lawyers operates with a ‘No Win – No Fee’ policy. Simply put, if a personal injury or compensation client is unsuccessful in their claim, then Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. More information about how this works can be found on our no win – no fee page.


What Are You Able to Claim as a Victim of Medical Negligence?

You can claim compensation due to medical negligence for the following types of damages:

  • Non-economic loss, which includes damages for pain and suffering.

  • Past and future medical expenses and out-of-pocket expenses.

  • Loss of income and any damage done to your ability to earn an income in the future.

  • Past and future loss of superannuation benefits.

  • Past and future paid services, such as home cleaning or nursing assistance.

  • The value of services provided to you by family and friends without charge. 

  • Past and future medical aids and equipment such as wheelchairs.

  • Home modifications such as those required to make a home wheelchair accessible.

  • Vehicle modifications.

  • Additional costs incurred in connection with continuing disabilities. For example, the additional cost of holidays due to special needs.

  • A contribution towards your legal costs and disbursements.

Damages are very specific to each individual’s situation, and assessing your claim for damages will be a central part of the service provided to you by the Brydens Lawyers medical negligence team. 


When Should You Consult a Lawyer About Making a Claim?

If you have suffered from any form of medical negligence, then you need to engage proper legal advice and representation. There are strict time limits around lodging a medical negligence claim, so even if your treatment is ongoing, you must consult a legal representative early to ensure your claim is lodged within the allowed timeframe. 

At Brydens Lawyers, we understand that dealing with birth trauma due to medical malpractice can be an extremely difficult and stressful matter. Our supportive team of medical negligence experts are here to support you when making your claim, handling matters for you with sensitivity and professionalism.


Our Experience

We Specialise in Medical Injuries Law: Here’s Our Proof

We can help ensure that your medical negligence birth trauma claim is successful. Here are just a few examples of clients we have been able to help:

Client matter:

Our client’s signs of foetal distress were not recognised and acted upon soon enough during the mother’s labour. She sustained hypoxic brain damage as a result and suffers from cerebral palsy.

The outcome:

She was entitled to claim for pain and suffering, loss of income, care and assistance, home modifications, medical and other out-of-pocket expenses, assistive equipment and home modifications.

Client matter:

Our client sustained a fourth-degree perineal tear during the birth of her first child. The attending doctor failed to perform an episiotomy, resulting in her sustaining permanent injuries and disabilities.

The outcome:

She was able to claim for her pain and suffering, past and future medical expenses, past and future loss of income and past and future care.

Client matter:

Our client’s first child died shortly after the birth as a result of the failure of medical and midwifery staff to recognise and action her child’s distress during labour.

The outcome:

Our client sustained psychological injuries as a result of the death of her son and was entitled to claim damages for her pain and suffering, past and future medical expenses, past and future loss of income and past care needs.

We can help you reach the outcome you deserve when seeking medical negligence compensation. To discuss your case further and discover how we can help you, contact our team today.

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