When childbirth goes wrong, the consequences can be devastating. What many people don’t realise is how common birth-related trauma actually is—in Australia, one in three women experience traumatic birth experiences, with research from Western Sydney University revealing that up to one in 10 women encounter obstetric mistreatment.
This guide breaks down medical negligence in birth injuries. We’ll explain what qualifies as negligence, the types of birth injuries that can occur and how families can seek justice and compensation.
Our birth trauma legal team knows how overwhelming this experience can be. Behind every case is a real story—of fear, uncertainty and the need for answers. If you’ve had a traumatic birth or want to understand your rights, this guide will help you make sense of what happened and what you can do next.
Understanding medical negligence isn’t just about individual cases. It’s about accountability, change and improving maternal healthcare so that no mother or newborn suffers unnecessarily.
What is Medical Negligence in Birth Injuries?
Medical negligence happens when a healthcare provider’s negligence leads to preventable harm during pregnancy, labour or delivery.
This could mean:
- Negligent management of pregnancy
- Failure to give proper advice about modes of delivery and risks associated with same;
- Failure to properly manage labour;
- Failure to monitor fetal distress;
- Failure to obtain proper consent before using vacuum or forceps;
- Mistakes during a C-section;
- Excessive force during delivery.
When these errors cause serious injury, both the baby and mother can suffer long-term physical, emotional and financial consequences.
To prove medical negligence, there must be evidence that:
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- A duty of care existed – Healthcare providers must follow medical standards.
- That duty of care was breached – A doctor, midwife or hospital failed to provide an acceptable standard of care.
- The breach caused harm – The negligence directly led to injury or worsened an existing condition.
- There were damages – The injury resulted in medical expenses, pain, suffering or long-term care needs.
If you suspect medical negligence played a role in your birth experience, understanding these elements is the first step in seeking compensation.
Common Types of Birth Injuries
Birth injuries vary in severity. Some heal over time. Others lead to lifelong challenges.
Here are some of the most common birth injuries linked to medical negligence.
For the Baby
- Cerebral Palsy – Often caused by lack of oxygen during birth, leading to movement and coordination issues.
- Brachial Plexus Injuries (Erb’s Palsy) – Nerve damage from excessive force or improper use of delivery tools.
- Fractures – Common in difficult deliveries, particularly to the clavicle or skull.
- Brain Damage – Can occur due to oxygen deprivation, untreated infections or failure to diagnose in utero conditions.
For the Mother
- Prolaase – Pelvic organ prolapse. Cystocele. Rectocele.
- Severe Tearing – Poor management of a difficult birth can lead to third- or fourth-degree perineal tears.
- Excessive Blood Loss – Uncontrolled haemorrhaging can be life-threatening.
- Infections – Lack of proper postnatal care can lead to serious infections.
- Amniotic Fluid Embolism – A rare but severe complication where amniotic fluid embolism occurs due to medical mismanagement, leading to respiratory distress or cardiac arrest.
- Psychological Birth Trauma – Mistreatment, lack of consent or emergency interventions can cause psychological birth trauma, leading to PTSD, anxiety and depression.
Recognising these injuries is crucial in understanding whether negligence may have played a role.
When Does a Birth Injury Become Medical Negligence?
Not every birth injury is due to negligence. Some complications are unavoidable.
However, when medical professionals fail to act appropriately or make preventable errors, it may be considered negligence.
Some examples include:
- Failure to diagnose in utero conditions – Missed abnormalities or conditions that should have been treated.
- Failing to monitor fetal distress – Delayed action can lead to oxygen deprivation and brain damage.
- Failing to offer a caesarean section
- Improper use of forceps or vacuum extractors – When used incorrectly, these tools can cause fractures, nerve damage or brain injuries.
- Delaying emergency intervention – When a mother has excessive bleeding or a baby is struggling, every minute counts.
- Negligent management of pregnancy – Poor prenatal care, failure to monitor high-risk conditions or incorrect medication can all contribute to preventable birth injuries.
If your experience involved any of these situations, seeking legal advice can help determine whether you have a case.
Seeking Compensation for Birth Trauma
If you or your child suffered a preventable birth injury, you may be entitled to compensation.
If your claim is successful, compensation may cover:
- Medical expenses – Surgeries, therapy, ongoing treatments and assistive devices.
- Lost wages – If the injury impacts your ability to work.
- Pain and suffering – Compensation for the emotional and physical toll.
- Future care costs – If long-term support is needed for the child or mother.
The legal process can feel overwhelming. An experienced birth trauma lawyer can guide you through it, gathering medical records, consulting experts and building a strong case for compensation.
What to Do if You Suspect Medical Negligence
If you believe medical negligence played a role in your birth experience, here’s what you can do:
- Document everything – Keep medical records, hospital discharge papers and any written communication.
- Take notes on your experience – Write down what happened, who was involved and any conversations with medical staff.
- Seek a second medical opinion – Another doctor can assess whether your injury was preventable.
- Talk to a birth trauma lawyer – A legal expert can help you understand your rights and whether you have a claim.
Taking these steps can help you get clarity and ensure your concerns are properly addressed.
Final Thoughts
Birth injuries caused by negligence can have lifelong effects. But there are legal pathways to seek justice.
Understanding birth trauma law empowers you to take action, hold negligent providers accountable and secure the support you and your child need.
If you suspect medical negligence, speaking with a birth trauma lawyer can provide the guidance and answers you need.
Holding healthcare professionals accountable isn’t just about compensation—it’s about preventing others from suffering the same experience.
If you need legal advice, our team is here to listen and help. Reach out today to discuss your situation.
Frequently Asked Questions
What is the difference between medical negligence and medical malpractice?
In Australia, the terms medical negligence and medical malpractice are often used interchangeably. Both refer to situations where a healthcare professional fails to meet the expected standard of care, resulting in harm to the patient. However, “medical negligence” is the term more commonly used in Australian legal contexts.
What qualifies as medical negligence in a birth injury case?
Medical negligence occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to the mother or baby. This can include misdiagnosing conditions, failing to monitor fetal distress, using excessive force during delivery, failing to advise of risks, failing to obtain fully informed consent, failing to follow a maternal request, or making surgical errors.
How do I know if my child’s birth injury was preventable?
If a birth injury was caused by a medical mistake that a competent doctor would not have made, it may be considered preventable. Getting a second medical opinion and speaking with a birth trauma lawyer can help determine whether negligence played a role.
Is there a time limit for making a birth injury claim?
Yes. Strict time limits do apply. The limitation period differs State to State. Urgent legal advice about your time limitation period should be sought.
How long does a birth injury claim take?
The timeframe varies depending on the complexity of the case. . An experienced birth trauma lawyer can guide you through the process and provide an estimated timeline.
Will I have to go to court?
Not necessarily. Many birth injury cases are resolved through settlement negotiations. However, if a fair settlement isn’t reached, taking the case to court may be necessary to pursue justice.
How much does it cost to hire a birth trauma lawyer?
Our birth injury lawyers often offer to work on a no win, no fee basis, meaning you won’t pay legal fees unless your case is successful. Legal costs, including disbursements, may apply. Your lawyer will explain all potential costs during your initial consultation.
Can I file a claim if my baby survived but has long-term complications?
Yes. If your child suffered a preventable birth injury leading to long-term disabilities, you can seek compensation to cover ongoing medical care, therapy and other related costs.
What if my hospital or doctor denies responsibility?
A hospital or doctor may dispute liability but independent legal assessment and medical expert opinions can determine whether medical negligence occurred.
This article provides general information only and does not constitute legal advice. If you believe you have experienced medical negligence, seek legal advice from a qualified birth trauma lawyer.