Pregnancy and childbirth should be one of the most exciting and special times of our lives. However, In Australia, approximately one in three women experience some form of birth trauma during childbirth.
In the unfortunate event of medical negligence during the pregnancy, labour or delivery can result in birth injuries. This can cause emotional and financial devastation.
What is birthing injury compensation?
Birthing injury compensation allows the families of infants born with birth injuries due to medical negligence cope with the extensive medical expenses involved in raising a child with disabilities, as well as the ongoing costs of care and support throughout the child’s life. It also provides compensation to mothers who are injured due to negligence during childbirth and holds the medical practitioner or professional involved accountable for their negligence.
Although birthing injury compensation varies on a case-by-case basis, it generally includes compensation for:
Medications, consultations, and other treatments associated with the immediate and long-term management of the injury;
Physical and occupational therapy, speech therapy and other rehabilitation;
Family counselling and psychological services;
Home adaptations, aids and equipment, and long-term educational and vocational needs;
Non-economic damages such as emotional distress, pain and suffering; and
The loss of entitlement to work in a chosen profession or at all.
Common injuries to a child from birth trauma
Brachial plexus injury;
Infection;
Broken bones or fractures; and
Death.
When an injury to the child has occurred, the following secondary injuries to the mother can include:
Forceps or instrumental trauma;
Perineal tears;
Pelvic fractures;
C-section wounds and infections;
Pelvic floor muscle damage;
Psychological injury.
