Maria Aravena
Managing SolicitorThrough all my communications with clients, I do everything in my power to explain things in a way they will understand so they’re comfortable with the progression of their claims.
Birth injury lawyers – injuries to babies.
More personal, more compensation.
The birth of a baby should be a special time in life. But for some it becomes an incredibly difficult time, when negligence leads to an injury to their baby. We have extensive experience helping parents whose babies have suffered injuries due to negligence, and we’re here to help with your claim.
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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A more personal approach to birth injury compensation.
Birth injuries to babies often occur just prior to or during the birth and can be caused by a variety of factors including inattentiveness, unavailability, and inexperience of medical practitioners.
We’ve helped many parents claim compensation on behalf of their babies, but we understand your situation is unique, and different from every one of them. Getting more compensation for your baby starts with building a personal relationship with you, to truly understand your situation.
There’s no cost to speak to a birth injury lawyer, tell your side of the story, and find out how much you can claim.
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We’ll get you more compensation on behalf of your baby.
Birth injuries to babies can mean time off work for you or your partner, significant expenses and financial stress. But we’re here to help. We get to know you and your family to learn about your life before your baby’s injury. We take time to understand your work, family, social and financial situation. Then we look at what’s changed. Many of our clients’ baby’s injuries have led to other life complications and health issues. By getting to know you personally we identify these issues and claim all your baby’s entitlements. That’s why you’ll get more compensation with Law Partners on your side.
If you’ve been injured as a mother during birth, you can learn more about how our specialist birth injury lawyers can help you.
What birth injury errors qualify for a claim?
Here are some examples of errors that can lead to birth injury compensation claims:
- Not detecting, diagnosing or treating maternal infections.
- Improperly monitoring the baby’s wellbeing during labour to ascertain whether the baby is in distress. This is usually done through regular monitoring of the foetal heartbeat.
- Not acting in a timely manner. For example, failing to schedule and perform an urgent Caesarean delivery.
- Not administering the correct medication or administering the wrong type or amount of medication to the mother during the pregnancy, labour and delivery.
- Using or incorrectly using birth assisting tools, such as forceps or a vacuum, without the mother’s consent and without prior discussion of risks associated with birth assisting tools.
- Incorrectly or improperly pulling or twisting the baby during labour and the delivery process.
- Not reviewing pre-delivery radiological imaging and failing to take steps to prevent a difficult birth.
- Not detecting problems with the umbilical cord, such as a prolapsed umbilical cord.
- Not monitoring the size of the baby in proportion to the birth canal and the size of the mother.
- Failing to ascertain the positioning of the baby before labour and delivery.
If you’re not sure whether you’re entitled to make a claim, you can call Law Partners on
Get FREE claim advice today.
A specialist lawyer will review your circumstances and tell you how much you can claim.
Getting started.
Tell us about your claim.
Speak with one of our friendly medical negligence lawyers today and find out if you can claim. It’s a free service for you.
We’ll get to know you.
Your medical negligence lawyer will ask more questions and get to know you personally to work out everything you’re entitled to.
We’ll offer to start your claim.
We’ll explain how we can claim all your compensation and give you our ‘no win no fee’ guarantee. The choice to proceed is all yours.
What can I claim on behalf of my baby for a birth injury?
The financial cost of taking care of children who are victims of medical negligence during childbirth can significantly exceed what an average family can afford, and can include the cost of:
- Equipment, therapeutic aids, computers and technology.
- Medical treatment, therapy and medication.
- Special needs schooling or educational programs.
- Home and vehicle modifications.
- Additional costs of holidaying and engaging in recreational activities.
Most of these expenses are recoverable from the negligent medical practitioner. In addition, you or your injured child may be entitled to birth negligence compensation for:
- Pain and suffering, which is known as non-economic loss.
- Past and future loss of earnings and superannuation.
- The cost of past and future care and assistance with personal, domestic, household and property maintenance tasks including any care and assistance provided in the past by family and friends.
- The cost of fund management, if you or the child doesn’t have the capacity to manage financial affairs.
How we can help you.
Your birth injury lawyer will listen and assess whether you have a valid claim, and if so we’ll examine your medical records to determine whether they support an allegation of negligence.
We’ll then consult one or more qualified medical professionals and get expert written reports to back up the allegation of negligence.
Once we’ve established the likelihood of success with your claim, we’ll sit down with you and advise you on all your options.
If you decide to proceed, we’ll prepare your claim by compiling evidence including medical records, witness statements, medical reports, and forensic accounting reports to substantiate your claim.
Frequently asked questions.
In most cases birth injuries are something that an experienced medical practitioner should be able to avoid in the exercise of reasonable skill to you and your baby.
Birth injuries and birth defects can lead to numerous permanent disabilities to the baby, including:
- Brain injuries such as cerebral palsy leading to physical and intellectual disabilities.
- Erb’s palsy and associated limb problems.
- Permanent lack of strength and stamina.
- Cognitive and emotional impairment, as well as emotional and psychological problems.
- Failure to develop and thrive correctly.
- Joint dysfunction disorders.
- Physical scarring or deformity.
Learn more about birth injury negligence claim examples with our guides:
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, you’re seeking a settlement from the insurer of the hospital or specialist to compensate you for your losses. It’s a settlement you’re entitled to claim on behalf of your baby if your baby has been harmed through 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 if 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.
You’re in safe hands with Law Partners.
Your birth injury lawyer is backed by a team of specialists including paralegals, medico-legal experts, forensic accountants and barristers. Your team will work hard for you, check in with you regularly and always keep you up to date with your case. You’re in safe hands with Australia’s largest specialist personal injury firm.
Why should I choose Law Partners?
Caring for our clients drives everything we do – that’s why thousands of Australians every year choose Law Partners.
We’ll listen and match you with a medical negligence lawyer who specialises in birth injury compensation claims just like yours.
We’ll build a personal relationship with you to make sure we understand the impact of your baby’s injuries.
Your medical negligence compensation team will check in with you regularly and always keep you up to date with your case.
We win over 99% of our cases, offer a ‘no win no fee’ guarantee, and pride ourselves in winning you more compensation.
Do I have a case?
Our senior lawyers will assess your case for free.
Find out more about medical negligence.
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A nightmare medical negligence ordeal has ended with a $1.2 million payout to a former landscaper. Ibrahim, 34, now has the means and confidence to get his life back on track, but admits he will […]
Hospital Negligence Claims Guide.
Medical professionals have a duty of care towards you and must ensure your safety and wellbeing. If they’ve failed to do this and you’ve suffered injury, illness, or worsening of a condition as a result, […]
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