Birth Trauma Compensation Claims: A Comprehensive Guide

Birth is meant to be a joyful experience. However, for many families, it becomes a traumatic ordeal.

When medical errors result in birth trauma, the consequences can be devastating. Physical injuries, emotional distress and financial hardship often follow.

If you or your child suffered harm due to negligence during childbirth, you deserve support. This guide provides essential information and empowers families affected by birth trauma to understand their rights and options.

What Is Birth Trauma?

Birth trauma encompasses injuries sustained by either the mother or baby during and shortly after childbirth. These injuries can manifest physically, emotionally, or both.

Several factors contribute to its occurrence, including medical negligence, prolonged labour, the use of instruments during delivery, fetal distress and complications arising from caesarean sections.

Sadly, the consequences of birth trauma can be far-reaching, affecting both the child and the family for a lifetime. These impacts may include physical disabilities, developmental delays, chronic pain and mental health issues.

How Does Compensation Help After Birth Trauma?

Compensation helps families deal with the effects of birth trauma. It gives financial support so you can get medical treatments, therapies and other necessary services. This support covers ongoing care, lost income from caregiving, and the emotional and physical strain on the family. Ultimately, compensation can significantly improve life for both you and your child.

Areas of Birth Trauma Compensation

Medical Expenses

This covers costs for immediate and ongoing healthcare. It includes treatments, medications, and therapies needed for you or your child’s recovery and well-being. Both past and future medical costs are covered.

Rehabilitation

Rehabilitation costs cover services like physical, occupational and speech therapy. These therapies help your child improve their body coordination and return to everyday life.

This includes costs for counselling, psychological support and other mental health services for both you and your child. These services address the emotional and psychological impact of birth trauma.

Care Costs

Care costs include home care, special equipment, and adjustments to your home to suit your needs. This ensures a safe and supportive living environment.

Loss of Earnings

This compensates for lost income for mothers who need to care for their child, including time spent attending medical appointments, therapy sessions, and performing additional caregiving duties.

Pain and Suffering

This covers the emotional and physical distress experienced by you and your family due to birth trauma, as well as the impact on overall quality of life.

Future Care

Future care provides financial security for your child's long-term needs. It covers education, healthcare and support services to help your child reach their full potential and live independently.

Step-by-Step Guide to Birth Trauma Compensation Claims

Step 1: Building Your Case

To build a strong case, you must investigate and seek legal help. Here's what you need to do:

1. Gather Medical Records: Collect all medical documents, including prenatal care, labour, delivery and postnatal records.

2. Examine Medical Records: Look at these records to find mistakes or discrepancies that don't match standard medical practices.

3. Get Medical Experts: Have unbiased medical experts review the care provided, find negligence and link errors to your or your child's injuries.

4. Evaluate the Child's Injuries: Have specialists assess the extent of your or your child's injuries and necessary future care.

Step 2: Initiating the Legal Process

Consult a lawyer specialising in birth injury cases. During the initial consultation, provide detailed information about the birth, your condition and your concerns. The lawyer will assess your case's potential and outline the next steps.

Step 3: Investigating and Gathering Evidence

Compile your medical records, documented expenses and financial losses. Your lawyer will investigate further and may enlist independent medical experts to evaluate the care provided and establish a link between any errors and the injuries.

Step 4: Pursuing a Settlement

Your lawyer will particularise your claim for damages, outlining the compensation you're seeking. Mediation may be explored as a less formal alternative to litigation. Your lawyer will negotiate with the opposing party to achieve a fair settlement.

Step 5: Preparing for Litigation

If a settlement cannot be reached, the legal process may proceed to litigation. This involves filing a document of the state, participating in the discovery process, and potentially going to trial to resolve the case.

Time Limits for Medical Negligence Claims

Usually, you have three years to file a medical negligence claim from the date of injury. However, this time frame can change depending on where you live. If the injury's full extent is unclear or you can’t find out the cause of the birth trauma right away, the time limit might be extended.

Act quickly if you think you have a birth trauma claim. Get legal advice as soon as possible because time limits can be complex, and an experienced lawyer will help you figure out the best course of action.

How Birth Trauma Law Can Help

If you or your child have suffered injuries due to medical negligence during childbirth, you deserve support.

 
Birth Trauma Law offers compassionate guidance through this challenging time. Our team of legal experts specialises in cases involving:

• Prenatal and postnatal care errors
• Complications during vaginal delivery or C-section
• Breaches of patient consent

We understand the physical and emotional toll birth trauma can take. We're committed to helping you seek justice and compensation. If you have any questions, our FAQ section can provide additional clarity on common concerns and next steps.

Final Word

Birth trauma can leave lasting scars, but you don't have to navigate this difficult path alone.

 
Our team of legal experts is committed to helping families recover from the physical and emotional toll of birth injuries. We offer compassionate support, expert legal counsel and a relentless pursuit of justice.

If you believe your injuries or your child's injuries were caused by medical negligence, you deserve answers and compensation. Contact us today for a free consultation.

The Prescription of Medication to Pregnant Women Must Be Handled With Care

Our lawyer and pharmacist, Brittany Martin, says the "This tragic article by The Guardian highlights the catastrophic consequences that drugs prescribed to the mother can have on the fetus during pregnancy."

Sodium Valproate, more commonly known by its brand name Epilim, has long been prescribed for a variety of medical conditions.
 
In modern times, Valproate is often prescribed for people suffering from primary generalised epilepsy and bipolar disorder.  It may also be indicated in patients suffering from prolonged seizures (known as status epilepticus) or where prevention of migraines with other treatments have failed.
 
Despite its efficacy in such conditions, Valproate is classed as a teratogen, as it is known for its ability to cause foetal abnormalities in pregnant women.
 
The link between Sodium Valproate and birth defects was first established in the 1970s.

Known effects of Valproate use in pregnancy include:

• Increased risk of neural tube defects (such as Spina Bifida)
• Increased risk of other congenital malformations (such as orofacial clefts and cardia, urogenital and limb defects)
• Increased risk of delays in motor and cognitive development (in up to 30 to 40% of children)

There is also emerging data which suggests a link between Valproate use in pregnancy and autism spectrum disorder and autism in children.  

These days, prescribers are more cautious when prescribing Valproate to patients.  As a known teratogen, Valproate poses risks to both men and women of child bearing potential. 

Men are encouraged to cease taking Valproate for up to 3 months prior to conception in order to avoid an increased risk of their children developing a neurodevelopmental disorder.

Prescribers are now encouraged to avoid prescribing Valproate to women of child-bearing potential due to its teratogenic risk.  

For women suffering from epilepsy with no effective alternatives, the lowest possible dose of Valproate may be prescribed, albeit with the caveat of ensuring adequate contraception is maintained.

All patients prescribed Valproate are encouraged to talk to their doctor before planning to have children. This way, alternative therapy may be indicated to reduce the risk of birth defects in those suffering from epilepsy.

References: Australian Medicines Handbook 2024, Australian Medicines Handbook Pty Ltd, Published 15 January 2024.

Sex With a Patient at a Melbourne Bar – Professional Misconduct?

Melbourne GP, Dr Rizwan Sami, accused of professional misconduct allegations after he had sex with a female patient (‘the Patient’) whilst intoxicated in a Melbourne bar.

The Background

The Patient had been consulting Dr Sami since March 2017, attending 10 consultations with him. Within 4 weeks of their last consultation, Dr Sami and the Patient crossed paths at a nightclub, where they engaged in sexual intercourse. CCTV footage from the nightclub shows the pair kissing, dancing, and touching each other sexually throughout the night, before walking to the disabled bathroom together. Both parties were intoxicated.

 
There were conflicting accounts of the incident. The Patient stated that she identified herself to Dr Sami as his patient ‘from the outset’, the pair entered the toilet for consensual sex but claims that Dr Sami became violent and forced himself on her. Dr Sami stated that he did not recognise the woman as his patient, they engaged in consensual sex but about two minutes in, it dawned on him that she was his patient and he stopped. Dr Sami stated that it was wholly consensual.

Proceedings

The Patient reported the incident to various organisations including the Police and the Medical Board of Australia.

 
In May 2020, Dr Sami was criminally charged with rape and sexual assault over the incident, however the charges were withdrawn 3 months later, in August 2020.

 
The Medical Board of Australia (‘the Board’) took immediate action under sections 156(1)(a)-(e) of the Health Practitioner Regulation National Law and suspended the registration of Dr Sami. Dr Sami applied to the Board for the suspension to be revoked on the grounds that the criminal charges were withdrawn, however the Board denied Dr Sami’s application. Dr Sami then applied to VCAT for review of the Board’s decision. In May 2021, VCAT overturned the Board’s decision to suspend his registration and subsequently, Dr Sami was again registered.

 
The overarching matter between the Medical Board of Australia and Dr Sami was listed for hearing in September 2023. There was a four-day hearing where evidence was presented and considered by a VCAT panel.

The Outcome

On 13 December 2023, the VCAT panel found that the Board had failed to provide evidence to prove the allegations to the panel’s satisfaction. The panel considered the role of ‘excessive alcohol consumption in a noisy and largely dimly lit bar’ and held that it could not rely on anyone’s recollections of the events leading up to and during the incident.

It was held that Dr Rizwan Sami had ‘no case to answer and that no further action is to be taken in relation to this matter’. 

If you would like to see how we can assist, please contact Emily Billiau on 07 3014 6590 or ebilliau@mcw.com.au.

Alternatively, you can also reach out to Alannah Buono on 02 8262 2701 or abuono@mcw.com.au.