Bringing a child into the world should be one of life’s most joyful experiences. However, for some families it can come with complications, medical errors or inadequate care, which can quickly turn what should be a moment of happiness into a traumatic and life-altering event.
Birth trauma can affect both the birthing parent and baby, leading to physical injuries, emotional distress and long-term medical complications. While not all birth complications are the result of medical negligence, some injuries are preventable and occur due to substandard care from healthcare providers.
This is why ensuring your healthcare provider is properly qualified and registered is critical. In Australia, the Australian Health Practitioner Regulation Agency (AHPRA) plays a key role in protecting patients by maintaining strict professional standards for medical practitioners.
What we cover in this article:
- How AHPRA ensures healthcare providers are qualified
- The statistics on birth-related negligence
- What birth trauma actually means and how to identify it
- Your legal options if you, your baby or your loved one has suffered due to medical negligence
- How McInnes Wilson Lawyers can support you through the claims process
Ensuring Qualified Care with AHPRA
When choosing a doctor, midwife or obstetrician, it’s important to verify they are properly trained, qualified and legally registered to provide care.
Australians are fortunate to have the Australian Health Practitioner Regulation Agency (AHPRA), which ensures all healthcare providers meet strict professional standards before they can legally practice.
Did you know? It is illegal for anyone to work as a healthcare provider in Australia without being registered with AHPRA.
AHPRA allows you to quickly and easily verify a healthcare provider’s registration status via its Register of Practitioners.
Why should you check AHPRA before choosing a doctor or midwife?
Checking AHPRA helps you ensure your provider:
- Has the necessary qualifications and training to provide maternity care
- Is legally registered and allowed to practice in Australia
- Has no restrictions, conditions or disciplinary actions against them
What happens if a provider has conditions or restrictions?
AHPRA monitors healthcare practitioners with restrictions due to past complaints or medical errors. If a provider has restrictions, it means they must follow additional requirements (such as supervision) before continuing to practice.
Birth Trauma & Medical Negligence
While Australia has a strong healthcare system, birth-related negligence does remain a serious issue.
- 1 in 3 Australian birthing parents experience birth trauma
- 1 in 10 are victims of obstetric violence
- 1 in 25 develop PTSD following childbirth
When mistakes happen during pregnancy, labour or postnatal care, the consequences can be devastating for everyone involved.
Concerned About Your Experience? Let’s Talk.
If you or your baby suffered from poor medical care during childbirth, you may be entitled to compensation. McInnes Wilson Lawyers provides expert legal guidance to help you understand your rights.
What is Birth Trauma?
Birth trauma can affect the birthing parent and the newborns. It can be physical or psychological and can lead to long-term medical and emotional challenges.
Physical birth trauma
- Birthing parent: tearing, haemorrhaging, bladder damage or emergency interventions that may have been avoidable with proper medical care.
- Newborn: Brain damage, fractures, oxygen deprivation or nerve injuries due to poor medical handling during delivery.
Psychological birth trauma
- Many birthing parents experience post-traumatic stress disorder (PTSD), anxiety or postnatal depression due to a traumatic birthing experience.
- If your psychological birth trauma was caused by negligent care, medical mistakes or lack of informed consent, you may still be eligible for compensation.
Common Issues in Birth That Can Lead to Negligence Claims
Birth-related negligence can take many forms, including:
- Failure to monitor birthing parent and baby properly
- This can lead to oxygen deprivation or undiagnosed distress, increasing the risk of brain damage.
- Delayed C-sections or mismanaged labour
- In cases where an emergency C-section is required, delays can have severe consequences.
- Incorrect use of forceps or vacuum extraction
- These tools should be used carefully, as improper technique can cause nerve damage, fractures or brain injuries.
- Medication errors
- Mistakes with pain relief, epidurals or induction drugs can lead to serious complications.
- Negligent postnatal care
- Failure to recognise postpartum hemorrhage, infections or birth-related injuries can put the birthing parent’s life at risk.
Making a Birth Negligence Claim: What You Need to Know
If you or your loved one’s birth experience was impacted by medical negligence, you may be able to claim compensation for:
- Medical expenses: including past and future treatment costs
- Loss of income: if birth injuries prevent you from working
- Ongoing care costs: If your child has a disability due to birth trauma
How do you prove a birth negligence claim?
A successful claim requires medical records, expert opinions and witness statements. Speaking to a lawyer helps strengthen your case.
How Our Lawyers Can Help You
Our birth trauma la, we understand the physical and emotional impact of birth trauma. Our experienced team specialises in medical negligence claims and provides:
- Free case evaluations
- No-win, no-free options
- Expert legal representation
If you’ve experienced birth trauma due to medical negligence, don’t face it alone. Contact us today for confidential legal advice and take the first step towards securing the support you deserve.
Call us now or request a free consultation.