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The birth of a baby should be a special time in life. But for some it becomes an incredibly challenging time, when the baby is born with a birth defect that was caused by negligence or not picked up prior to the birth. We have extensive experience representing parents whose babies have birth defects caused by negligence.
At Law Partners, we ask more questions and get to know you personally. It’s how we spot the things others don’t, so you get more compensation.
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Birth defects usually affect the baby from the outset and are not caused by factors that occur during or after the birth. This includes babies born with genetic disorders such as Down Syndrome or Cystic Fibrosis.
However, birth defects can also be caused by outside factors like the pregnant mother taking incorrectly prescribed medication, including certain antidepressant drugs and birth control medications. In these cases, the birth defects could have been prevented if the treating medical practitioner had exercised reasonable skill and care.
There’s no cost speak to one of our specialist birth injury lawyers and get advice on whether you can claim birth defect compensation for your baby.
Having a baby with a birth defect can mean time off work for you or your partner, significant expenses, and financial stress. But your situation is unique, and your baby’s condition may have led to a range of life complications. We’ll ask more questions and get to know you personally, to understand the full impact on your life and the future implications for your baby. That’s why you’ll get more compensation for your baby with a Law Partners birth injury lawyer on your side.
You can claim compensation for birth defects that could have been prevented if the treating medical practitioner had exercised reasonable skill and care.
In addition, when an unpreventable birth defect is diagnosed early, and the parents are not financially prepared to care for a child who requires extensive medical care and assistance, sometimes with the advice of a medical practitioner, termination is considered the best option.
In cases where a medical practitioner fails to diagnose a serious birth defect prior to the baby being born or fails to provide appropriate advice to the parents about the child’s birth defect, this can give rise to a medical negligence claim.
If you’re not sure whether you’re entitled to make a claim, you can call
Speak to one of our friendly solicitors today and find out if you can claim.
Our solicitor will ask more questions and get to know you personally to work out everything you’re entitled to.
We’ll explain how we can claim all your compensation and give you our ‘no win no fee’ guarantee. You decide if you want to proceed – there’s no obligation.
A specialist lawyer will review your circumstances and tell you how much you can claim.
The financial cost of taking care of children who have birth defects can significantly exceed what an average family can afford, and can include the cost of:
In the case of birth defects caused by negligence, most of these expenses are recoverable from the negligent medical practitioner. In addition, you may be able to claim compensation on your child’s behalf for:
Your birth injury lawyer will assess your situation and form an opinion on whether you have a valid claim.
We’ll go through your medical records to determine whether they support an allegation of negligence.
We’ll consult one or more qualified medical professionals and get written reports to back up the allegation of negligence.
Once we’ve established the likelihood of success with your claim, we’ll advise you on your options.
If you decide to proceed, we’ll prepare your claim by compiling all of the evidence needed including medical records, witness statements, medical reports and forensic accounting reports to substantiate your claim. All backed by our no win no fee, no disbursements guarantee.
Your lawyer is backed by a team of specialists including paralegals, medico-legal experts, forensic accountants and barristers. So you’re in safe hands with Australia’s largest specialist personal injury firm.
We understand that making a claim against a medical practitioner is a big decision, and one that may be causing you some stress.
Remember that when you claim compensation on behalf of your baby, you’re seeking a settlement from the insurer of the hospital or specialist to compensate your baby for losses. It’s a settlement your baby is entitled to and deserves to receive if they’ve been financially impacted by negligence.
If you’re having trouble deciding, you’re welcome to simply call one of our birth injury lawyers and have a confidential conversation. There’s no pressure or obligation to proceed with a claim if you’re not ready, and we’ll always be here when you need us.
A no win no fee medical negligence lawyer offers to run your case for you and only get paid when you win. If you choose the right lawyer, it’s an excellent option that allows you to pursue your claim without any risk, but it’s important to check the lawyer’s costs agreement to fully understand what’s covered. With some no win no fee lawyers you can still end up having to pay thousands of dollars in disbursements if your case is unsuccessful. This is because their no win no fee agreements cover their professional fees but not the costs they incur. At Law Partners, our no win no fee, no disbursements guarantee covers all our costs and disbursements as well as our professional fees, so you can pursue your claim with peace of mind.
Even if you’ve spoken to another lawyer and been told you don’t have a claim, you can call us for a second opinion. Our medical negligence lawyers have successfully pursued many claims that were rejected by other lawyers.
Caring for our clients drives everything we do – that’s why thousands of Australians every year choose Law Partners.
We’ll match you with a lawyer who specialises in birth defect compensation claims like yours.
We’ll build a personal relationship with you and your family to make sure we understand the true impact of your baby’s birth defect.
Your legal team will check in with you regularly and always keep you up to date with your case.
We win over 99% of our cases and pride ourselves in winning more compensation.
Our senior lawyers will assess your case for free.
As a personal injury law firm, we see first-hand every day the psychological damage that a lack of empathy can cause. So we’re committed to promoting more empathy in the world, and sharing stories of the positive impact it can have.
Meet some of the people whose stories inspire us
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