In 2021, a patient made a phone call that revealed serious problems with maternity care at a Queensland hospital. That call led to an investigation which uncovered the tragic consequences of poor care—three babies lost and many women left with lifelong physical and emotional injuries.
More than $8 million has been spent investigating these failures. But for many families, the compensation process is still frustrating and feels incomplete. Even when injuries were clearly caused by “substandard” care, some families were denied compensation.
This is just one example of how complicated birth trauma cases can be. Unfortunately, it’s far from the only one. Our birth trauma compensation lawyers have worked with many people like you—feeling overwhelmed, uncertain and unsure of where to turn. But you don’t have to face this alone. We’re here to help.
In this blog, we’ll explain what birth trauma compensation is, what it includes, why it’s so important and how you can take the first steps toward getting the support you deserve. Let’s walk through it together to help you feel more confident and in control.
Understanding Birthing Trauma Compensation
Birthing trauma compensation provides financial support for injuries that happen during childbirth, affecting the mother, baby or both. These injuries might include physical harm like nerve damage, vaginal tear, brain injuries or cerebral palsy, as well as emotional struggles like postnatal depression or anxiety. This compensation is designed to help families cover recovery costs, therapy and long-term care.
Psychological Trauma: A Key Part of Compensation
Birth trauma isn’t just about physical injuries. Emotional and psychological harm can be just as devastating. An emergency C-section, inadequate pain relief or seeing your baby in distress are just a few examples of situations that can leave lasting emotional scars.
How Psychological Trauma Is Assessed
- Expert Evaluations: Mental health professionals assess conditions like PTSD or anxiety.
- Supporting Evidence: Medical records, therapy notes and personal accounts help show the trauma’s impact on your life.
What Can You Claim For?
- Therapy Costs: Covering counselling and mental health treatments.
- Loss of Enjoyment of Life: Compensation for how the trauma has affected your daily activities.
- Lost Income: If emotional struggles prevent you from working.
- Care and Assistance: Domestic and personal care and support.
Maternal vs. Neonatal (Baby-Related) Claims
Birth trauma can affect either the mother or the baby and the claims process is slightly different for each.
Maternal Claims
- Injuries Covered: Vaginal tears, uterine ruptures, pelvic organ prolapses or psychological trauma.
Compensation May Include:
- Pain and suffering from prolonged recovery.
- Loss of fertility or future reproductive opportunities.
- Rehabilitation costs or home modifications for long-term disabilities.
- Lost Income: for time off work, future losses, inability to advance earnings etc.
- Care and Assistance: Domestic and personal care and support.
Neonatal Claims
- Injuries Covered: Birth asphyxia, brachial plexus injuries,developmental delays, brain injuries, cerebral palsy..
- Compensation May Include:
- Long-term medical care and therapies.
- Education support for children with special needs.
- Future care costs to support the child’s independence and quality of life.
- Lost Income: for likely future loss of earnings.
- Rehabilitation costs or home modifications for long-term disabilities.
Understanding tools like the Apgar Score can help evaluate the condition of your baby at birth and support neonatal claims.
Challenges in Pursuing Birthing Trauma Compensation
Proving Negligence
It can be difficult to show that medical practitioners acted below the expected standard of care. Issues like the negligent management of pregnancy or failure to diagnose conditions in utero are often central to these claims.
Quantifying Non-Economic Damages
Non-economic damages for pain and suffering can be subjective and require skilled legal representation to highlight their impact effectively.
Steps to Prepare for a Birthing Trauma Claim
1. Collect Records
Collect all medical documents related to your pregnancy, childbirth and postpartum care. Keeping a journal of your recovery can also provide valuable insight into how the trauma has affected your life.
2. Consult Experts
Independent specialists can review your case to identify negligence or errors and assess ongoing care needs. Their evaluations can strengthen your claim, especially in cases involving failure to diagnose in utero.
3. Work With a Lawyer
An experienced birth trauma lawyer can guide you through the process, gather evidence and advocate for your best interests.
4. Track Your Expenses
Keep detailed records of costs related to the trauma, including medical bills, therapy sessions, equipment and lost income.
How Birth Trauma Law Can Help
If you or your child have suffered injuries due to medical negligence during childbirth, you deserve answers and support. At Birth Trauma Law, we specialise in:
- Prenatal and postnatal care errors
- Complications during vaginal deliveries or C-sections
- Breaches of patient consent
We understand how deeply birth trauma affects families and we’re here to provide compassionate guidance and expert legal counsel.
Final Thoughts
Birth trauma can leave lasting scars but you don’t have to face this journey alone. Our dedicated legal team is here to help you and your family move forward, offering the support, expertise and determination needed to pursue justice.
If you believe your injuries—or your child’s injuries—were caused by medical negligence, contact us today for a free consultation. We’ll help you take the first step toward recovery and securing the compensation you deserve.
Frequently Asked Questions
What is birth trauma compensation?
Birth trauma compensation is financial support provided to families for injuries caused during childbirth. These injuries can be physical such as nerve damage or vaginal tears or psychological like postnatal PTSD or anxiety. Compensation helps cover medical expenses, therapy costs and other related needs.
Who can make a claim for birth trauma compensation?
Both mothers and children who have suffered injuries due to medical negligence during childbirth may be eligible to make a claim. In some cases, partners may also claim if they have been directly impacted by the trauma.
What types of injuries are eligible for compensation?
- For mothers: Vaginal tears, uterine ruptures, pelvic organ prolapses, or psychological harm like PTSD.
- For babies: Birth asphyxia, brachial plexus injuries, developmental delays, brain injuries, cerebral palsy or other conditions caused by negligent care.
How is psychological trauma assessed for compensation?
Mental health professionals evaluate the emotional impact of the trauma, while evidence such as medical records, therapy notes and personal accounts helps demonstrate its effects on your life.
What can I claim compensation for?
- Therapy or counselling costs
- Medical bills for recovery or ongoing care
- Loss of income, both past and future
- Pain and suffering including loss of enjoyment of life
- Future care and support needs
How long do I have to make a claim?
In most cases, there are strict time limits for filing a birth trauma claim. These limits vary depending on your location and circumstances. It’s best to consult a lawyer as soon as possible to avoid missing any deadlines.
What if I’m not sure negligence occurred?
You don’t have to determine negligence on your own. Our legal team works with independent medical experts to review your case and identify if negligence played a role in your injuries or your child’s injuries.
How long does the claims process take?
The timeline for a claim depends on its complexity, the evidence required and negotiations with the parties involved. While some cases settle quickly, others may many years, especially if they go to court.
Do I need a lawyer to file a claim?
While you can technically file a claim without legal help, having an experienced birth trauma lawyer greatly increases your chances of success. A lawyer can guide you through the process, gather evidence and negotiate for the compensation you deserve.
How much does it cost to hire a birth trauma lawyer?
At Birth Trauma Law, we offer a free consultation and work on a no-win, no-fee basis. This means you won’t pay anything unless your claim is successful.