Birth injury lawyers
Birth injury claims:
Your rights, our fight
The birth of a child should be a moment of pure joy and celebration. However, when medical professionals fail in their duty of care, this precious moment can turn into a nightmare. Birth injuries caused by medical negligence can have devastating, lifelong consequences for both the child and the family.
All medical professionals—midwives, doctors, surgeons and gynaecologists—have a duty of care to ensure the safety of the baby and their parents during pregnancy and labour.
If you, or your baby, has suffered injury or loss as a result of a healthcare professional’s failure to fulfill their duty of care, you may be eligible to make a medical negligence claim.
Why Choose Gerard Malouf & Partners
Understanding birth negligence
Birth injuries (and birth trauma) encompass a wide range of physical and cognitive impairments that occur during pregnancy, labour, delivery or shortly after birth. Understanding these is crucial for families seeking justice and compensation.
Examples of negligent treatment that results in birth injuries include:
Fetal monitoring errors and failure to act
Inadequate monitoring of mother and baby’s vital signs, or ignoring signs of fetal distress can result in, brain damage, cerebral palsy, hypoxic-ischemic encephalopathy, seizures, and death.
Delayed c-section complications
Medication-related birth injuries
Neonatal infection mismanagement
A failure to diagnose and treat infections like Group B streptococcus can cause sepsis, pneumonia, meningitis, brain damage, and death.
Misdiagnosis of maternal conditions
Incorrectly diagnosing conditions such as preeclampsia or gestational diabetes can lead to a range of serious complications.
For example, misdiagnosing preeclampsia can result in eclampsia, kidney failure, liver damage, stroke, and even death. Similarly, a misdiagnosis of gestational diabetes can contribute to preeclampsia, preterm birth, macrosomia (an excessively large baby), and birth defects.
Delivery-related physical trauma
The improper use of forceps or extractors, or, application of excessive force during delivery can have serious consequences. It could result in brachial plexus injuries (Erb’s palsy), Klumpke’s palsy, fractures, cerebral palsy, brain damage, and death.
We're here to help.
Eligibility for birth injury compensation
If you’re unsure whether you have a valid birth injury claim, we’re here to help you understand your rights and options.
You may have a medical negligence claim if you experienced:
- Unexpected emergency procedures during delivery
- Prolonged labour without appropriate intervention
- Failure to perform necessary prenatal tests
- Improper response to fetal distress signals
- Unexplained injuries immediately after birth
- Delayed developmental milestones in infancy.
Even if you’re uncertain, we encourage you to reach out. Our free initial consultation means you have nothing to lose by exploring your options.
Factors affecting compensation
Compensation in birth injury cases is multifaceted and can vary significantly based on several factors:
- Severity and prognosis of the injury
- Short-term vs. lifelong impairments
- Potential for improvement with treatment
- Life expectancy considerations
- Economic damages
- Current and future medical expenses
- Rehabilitation and therapy costs
- Special education needs
- Home modifications and adaptive equipment
- Lost earning capacity of the child
- Lost income of parents who become full-time carers
- Non-economic damages
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Impact on family relationships
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.
How it works
No upfront costs
No contingency fee
We’ll only charge you if we win.
We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.
This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.
With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.
Frequently asked questions about birth injury
What is the difference between a birth defect and a birth injury?
Legally, a birth defect typically refers to a condition that develops during pregnancy due to genetic or environmental influences, often not attributable to medical negligence.
A birth injury, on the other hand, occurs during the birthing process and may be the result of medical negligence if it was preventable with proper care.
How long do birth injury cases typically take to resolve?
The duration varies significantly depending on the complexity of the case, the extent of the injuries, and whether the case goes to trial. On average, birth injury cases can take 18 months to three years to resolve. More complex cases may take longer.
What types of experts are typically involved in birth injury cases?
A birth injury case often involved a range of medical experts, including:
- Obstetricians and gynecologists
- Neonatologists
- Pediatric neurologists
- Rehabilitation specialists
- Life care planners.
Can I claim compensation if my child’s birth injury was diagnosed years after birth?
What if a hospital offers a settlement before I consult a lawyer?
It’s crucial to consult a specialised birth injury lawyer before accepting any settlement offer. Early offers from hospitals or insurance companies often underestimate the long-term costs and impacts of birth injuries.
One of our experienced lawyers at GMP Law can ensure that all current and future needs are adequately addressed in any settlement.
Justice for families affected by birth injuries
$10 million compensation for cerebral palsy due to delayed delivery
Background
A Sydney couple approached GMP Law when their son was diagnosed with cerebral palsy. The mother’s water had broken six days past her due date, but instead of admitting her, the local hospital sent her home.
It wasn’t until two days and two presentations later that she was finally admitted and her son delivered.
Medical negligence
The delay in proper care resulted in the child being deprived of oxygen in the womb, leading to cerebral palsy. The family faced the daunting prospect of lifelong care needs and substantial medical expenses.
It wasn’t until two days and two presentations later that she was finally admitted and her son delivered.
GMP Law’s approach
- Conducted a thorough investigation, including detailed reviews of medical records
- Engaged top medical experts to provide opinions on the standard of care
- Demonstrated that the hospital’s actions fell below the accepted standard of care
- Quantified the lifelong impact of the injury, including future care needs and lost earning potential.
Outcome
The case was settled for over $10 million at mediation.
This settlement provided the family with:
- funds to modify their home for accessibility.
- coverage for ongoing medical treatments and therapies
- resources for special education and assistive technologies
- compensation for the parents’ lost income due to caregiving responsibilities.
$9 million settlement for Quadriplegic Dystonic Cerebral Palsy
A child was born with Quadriplegic Dystonic Cerebral Palsy due to complications during delivery. The mother experienced an anaphylactic reaction to penicillin administered during labour, leading to maternal hypotension.
Despite clear signs of fetal distress, including two significant events of bradycardia (slowed heart rate), the obstetrician failed to perform an emergency c-section. The delayed response resulted in severe oxygen deprivation to the baby.
- Analysed fetal heart rate monitoring strips to establish clear evidence of distress
- Engaged obstetric experts to testify on the appropriate standard of care in such situations
- Worked with life care planners to project the lifetime costs of the child’s care needs
- Demonstrated the psychological impact on the family, including the parent’s need to become full-time carers.
GMP Law’s team of medical negligence lawyers secured a $9 million settlement for the family. The compensation covered:
- Lifelong medical care and therapies
- Home modifications and specialised equipment
- Loss.
Real cases, real results
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Our promise to you
Why trust GMP Law with your birth injury claim?
At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.
We commit to
Clear, straightforward communication
Regular updates on your case as it progresses
A personal injury lawyer who understands your unique situation
Vigorous negotiation to maximise your compensation
Empathetic support throughout your journey
Specialised knowledge
Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.
Proven track record
Difficult case policy
Australia-wide assistance
With lawyers across the country, we’re here to help, wherever you are.
Meet the Medical Negligence Team
Meet some of the diverse and dynamic compensation lawyers who support our clients with their medical negligence and malpractice claims.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our birth injury lawyers using the form below, or simply call us 1800 004 878.
