Can I claim compensation on behalf of my baby for a birth injury?
Birth injury claims are usually based on acts or omissions by medical practitioners that are preventable. These injuries 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. When this occurs, the baby can sustain serious injuries or even permanent disabilities, and you may be entitled to claim compensation on behalf of your baby for the financial support your baby might need.
There’s no cost speak to one of our specialist birth injury lawyers and get advice on whether you can claim compensation.
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.
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. So you’re in safe hands with Australia’s largest specialist personal injury firm.
Yevgeni ShkuratovSenior Associate
As a solicitor, I’m relentless. I strive to give my clients my full commitment and I’ll stop at nothing to get the right result for them.
The key to achieving a successful outcome is having a solicitor who is thorough, diligent, composed and always willing to act in the very best interest of the client, no matter what. This is the solicitor I strive to be for every one of my clients.
Gillian PottsSpecial Counsel
Being a calm-natured and patient person, I find that the best way to help my clients with their claims is to first focus on listening to them and understanding their needs, and then set about fulfilling those needs and exceeding their expectations.
With over 15 years’ experience in personal injury law on my side, I’ve had the privilege of helping thousands of injured people and their families claim all the compensation they’re entitled to.
My philosophy has always been to accept people as they are. I apply this to my work as I always keep an open mind to every client and enquiry that comes through the door regardless of how they come to us or present on paper.
Empathy is such an integral value for every successful personal injury solicitor because it enables you to truly understand the client’s circumstances and build a connection with them. And a strong solicitor/client connection is the foundation of a successful claim.
Clare DecenaSenior Paralegal
No matter how many cases you handle, no two clients are ever the same, which is why I never assume but take the time to get to know each and every one of my clients in order to tailor a service that best suits their matter.
Jade VitaglianoSenior Legal Assistant
Through constructive communication, it’s my job to ensure our clients know that they have a reliable, honest and extremely capable legal team who are always available to them.
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I would like to thank Law Partners for all their help and support through out my claim. Every member of Law Partners from start to finish were so helpful, and went above and beyond keeping me updated and well informed of any changes.
Very professional team that kept my best interest and what would be best for me at all times in mind. Cannot thank them enough; would highly recommend them in an instant.
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Law Partners Sydney is the most professional law firm I have ever dealt with. They are extremely diligent and have their clients best interest in all that they do. I could not recommend them enough.
Once Lillian took over it was a smooth ride .
Did go the extra mile, on making time to meet me over ever under the pandemic to get my claim rolling. I will without hesitation recommend her and the firm to take care of your business any given day most professional lawyer I have ever meet I wish her good Health and success in all her endeavours.
Gillian and her team were fantastic to deal with from day 1. They stay in constant contact with me and kept me informed of the steps and progress.
Got the outcome I was hoping for. I highly recommend Law Partners.
I would like to thank you for the outstanding professionalism at Law Partners. From the receptionists to secretaries and of course the lawyers were all very helpful and overall I am very pleased with the outcome of my case so I highly recommend Law Partners.
My family and I would like to thank the Law Partners team for their valuable support during a difficult time for us. They were always willing to help and kept us updated throughout the whole claims process. We couldn’t have achieved such a great outcome without Law Partners on our side.
Thank you and all your staff for the help you have provided in these trying times. I was feeling pretty negative about my future but after my first meeting with my lawyer I knew I had someone on my side who really wanted to help me. I wouldn’t hesitate recommending you to anyone who needs your services.
I would just like to take this opportunity to thank Law Partners for their services. The outcome was excellent and right from the first meeting to the last, Law Partners made the whole process feel seamless and effortless! I was pretty uncertain at first choosing a lawyer but so glad I chose Law Partners.
I just wanted to say thank you for everything Law Partners have done for my family and I over the last 18 or so months. Thank you so much for handling our case with the utmost professionalism and thank you for always being just a phone call or email away to answer our questions and give us a great result.
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.
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.
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.
Do I have a case?
Our senior lawyers will assess your case for free.
Find out more about medical negligence.
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