Law Partners stands with a young mother from Sydney injured during childbirth.

Julia created a birth plan ahead of her daughter’s delivery day in December 2022.  She asked for any procedures and risks to be explained to her, and wanted the choice to grant consent before important decisions or delivery methods went ahead.

However, during labour in her local hospital, Julia’s obstetrician decided to deliver her baby using forceps. Julia was then rushed into surgery to repair a deep perennial tear and anal sphincter injury that she sustained during the procedure.

When she returned for a consultation a few weeks later, the hospital found Julia was suffering from both faecal and flatus incontinence. Even three months later, her conditions had not resolved, so Julia’s GP referred her to a colorectal surgeon due to persistent pain.

Frustrated and distressed, Julia turned to Law Partners for help. We agreed to take on Julia’s compensation case as it has a good chance of success.

Successful birth injury claims are possible when we’re able to prove that a duty of care has been breached. In this case, the hospital didn’t seek or receive informed consent from Julia, nor did they advise of her delivery options and any of the associated risks.

Had the options or risks been explained to Julia, she would have been able to consider a Caesarean section, even if that meant arranging a procedure with a private practice obstetrician.

We’re proceeding with Julia’s compensation claim through the District Court of NSW and we’re working hard to achieve a successful outcome!