Birthing Injury Compensation Claims

We help families seek compensation for injuries caused by medical negligence during pregnancy, labour and delivery.


At Birth Trauma Law, we are dedicated to providing compassionate support and expert legal guidance. Whether the injury resulted from poor care, malpractice or medical errors, we are committed to helping you claim the compensation you deserve.

FREE CLAIMS CHECK
best-lawyers-logo1-1-5
2020Winner_Final_Highres-03
Employee-Health-Wellbeing-Award-1-4
2018_ABA_EOC_R_255x75_72ppi
doyles_transparent-1-5

Birth Trauma 

Compensation 

Lawyers

Pregnancy should be a joyful journey, but medical negligence can turn it into a devastating experience. Mothers and their unborn children deserve quality care at every stage of pregnancy, labour and recovery. When this duty of care is breached, the consequences can be life-changing.


At Birth Trauma Law, we turn the promise of justice into actionable support by offering:

Specialist

Expertise

With years of experience in birth injury claims, we understand the medical and legal complexities that make your case unique.

Personalised Legal

Strategies

Tailored advice and support for each family, ensuring your claim reflects the full scope of your experience.

Comprehensive Evidence

Gathering

We collaborate with leading medical experts to provide strong evidence for your case.

Stress-Free

Process

From consultation to resolution, we handle every legal detail, so you can focus on recovery.

No-Win, No-Fee

We make pursuing justice accessible by removing financial barriers.

Wondering if your case qualifies? 

Many clients feel unsure at first. Start with a free consultation where we assess your claim and provide honest feedback.

What is birthing trauma compensation?

A birthing injury compensation claim seeks compensation for injuries caused to a mother and/or child during pregnancy, labour or delivery due to medical negligence.

Common Causes of

Birth Trauma

Birth trauma can result from various types of negligence, including:

  • Failure to properly monitor a pregnancy
  • Failure to properly monitor and manage a mother’s labour
  • Failure to advise a mother of her delivery options
  • Failure to monitor the baby’s heart rate during labour
  • Delayed response to signs of fetal distress
  • Mismanagement of complications during delivery
  • Improper use of forceps or vacuum devices
  • Failure to obtain informed consent
  • Errors in antenatal or postnatal care

Types of Birthing Injury

Compensation Claims

You may be eligible to claim compensation for:

  • Maternal injuries
  • Injuries to baby
  • Negligence in care
  • Midwife or birthing centre negligence
  • Stillbirth
Maternal injuries

Injuries to the Baby

  • Brain injuries
    Can lead to lifelong conditions.
  • Cerebral palsy
    A movement disorder caused by brain damage.
  • Hypoxia
    Lack of oxygen to the brain which can cause brain damage.
  • Erb’s palsy / brachial plexus injuries
    Nerve damage affecting the arm and shoulder.
  • Injuries from delivery instruments
    Forceps or vacuum extractors may cause bruising, fractures or nerve damage.
  • Cardiac arrest or stillbirth
    A delayed medical response can result in the baby's heart stopping or stillbirth.
  • Nerve damage
    Can affect movement, sensation or reflexes.

Injuries to the Mother

  • Tears and severe lacerations
    Vaginal tearing or a surgical cut (episiotomy) during birth.
  • Pelvic floor problems
    Weakening of muscles supporting the bladder, uterus and bowel:
  • Urinary and fecal incontinence
    Lack of oxygen to the brain which can cause brain damage.
  • Severe bleeding (haemorrhage)
    Heavy blood loss which can be life-threatening.
  • Extended recovery
    Longer healing time after severe tearing or C-section.
  • Fistula formation
    An abnormal opening between organs causing leakage.
  • Postpartum thyroiditis
    Thyroid inflammation affecting energy and mood.
  • Sexual dysfunction
    Pain, discomfort or reduced sensation.
  • Postpartum PTSD, depression and anxiety
    Emotional distress following childbirth.
  • Maternal death
    In rare cases birth complications can be fatal.

Pelvic floor problems

  • Pelvic floor dysfunction – Loss of bladder or bowel control.
  • Pelvic organ prolapse – The uterus, vagina or bowel may shift downward.
  • Avulsions and tears – Muscle separation or damage during birth
  • Bilateral avulsion – Severe muscle detachment on both sides of the pelvic floor.
  • Diastasis recti – Separation of abdominal muscles leading to a bulging belly.

Client Testimonials

”

"I honestly can’t thank you and Nicole enough for everything, I will be forever grateful for the dedication and hard work you and the team put in. The settlement will never make up for what I’ve lost but it’s made our future so much brighter and in time I hope to be able to pay it forward and help other women who’ve been through similar situations to me.
 
The outcome of the case has been life changing and put myself and [x] in such a better position. So again thank you for everything."



- Birth Trauma Client

”

"I highly recommend Emily Billiau and Nicole Hales! The hard work, dedication and attention to detail over the last 6 years has been remarkable! Special thanks to Nicole Hales for going above and beyond and always showing empathy and kindness during what was a difficult time for me. The level of communication and guidance each step of the way made the process much less daunting.
Each team member who worked on my case did so with high level of professionalism and transparency and the outcome has been life changing for my Son and I.
We honestly cannot thank Nicole, Emily and the team enough for all that you've done."

- Birth Trauma Client

Most claims settle through mediation, saving time and stress. We’ll guide you every step of the way.

Speak directly to a lawyer

Key Steps in a Birthing Injury

Compensation Claim

Step 1: Free Consultation 

Speak with our team about your case.

Call us at 07 3014 6590 or fill out our contact form.

Contact Birth trauma lawyers in Australia | get in touch

Step 2: Investigation

We review medical records and gather evidence.

Step 3: Expert Opinion

Medical specialists assess the care provided.

Step 4: Claim Filing

We formally lodge your case in court.

Step 5: Mediation

We try to resolve your claim without going to trial.

Step 6: Hearing

If necessary, we represent you in court to achieve the best result.

Common Questions About

Birthing Injury Compensation

How do I get compensation for birth trauma?

You can file a claim with evidence of negligence, including medical records and expert opinions.

Do I need a lawyer to represent me?

In our experience, having a birth injury lawyer increases your chances of a successful claim.

How much compensation can I receive?

Compensation depends on the severity of the injury, medical costs and the impact on your life.

How long do I have to file a claim?

Strict time limits apply to claims for compensation. The time limits differ State to State. You should seek urgent advice in relation to your circumstances.

What damages can be claimed?

Claims can include medical costs, rehabilitation expenses, lost income, care and assistance and pain and suffering. 

More FAQ'S

Don’t Wait to Seek Justice

Every day matters when it comes to securing evidence and building your case. Let us help you take the first step toward the compensation you deserve.

Birth Trauma Law is a division of McInnes Wilson Lawyers which has been established to provide specialised legal advice to mothers, infants and families who have suffered birthing injury (physically and emotional).

Site Menu
contact Us
  • 07 3014 6590
  • ebilliau@mcw.com.au
  • 345 Queen St, Brisbane City
  • 201 Elizabeth Street, Sydney