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Birth Injury Lawyers

No one deserves to suffer an injury they didn’t cause.

We'll help you win maximum compensation.

Overview

Childbirth injury claims

Medical negligence before, during, and after childbirth can result in harm or loss for the mother, and their newborn.

All medical professionals, including midwives, doctors, surgeons and gynaecologists, have a duty of care to ensure the safety of babies 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.

We're here to help

Contact us for no-obligation legal advice about your claim.

Why Choose Gerard Malouf & Partners
0
Years
Experience

in birth negligence claims.

0 %
Success
Rate
winning cases for our clients.
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Claims
won
translating to billions of dollars for our clients.

Common Birth Injuries

What qualifies for birth injury compensation?

Many pregnancy and childbirth incidents are a result of incompetent care provided, whether that be due to a healthcare professional’s inexperience, or inattentiveness.

Common examples of childbirth negligence include:

  • Failure to monitor or act: Not adequately monitoring the mother and baby’s vital signs during labour, leading to distress or complications. Ignoring signs of fetal distress, such as abnormal heart rate patterns, can result in brain damage or other serious injuries to the baby.
  • Delayed Cesarean, or C-Section: A delay in performing the procedure, if required, can lead to serious harm to the baby or mother.
  • Misdiagnosis of pregnancy conditions: Incorrectly diagnosing conditions such as pre-eclampsia or gestational diabetes can lead to improper treatment, or lack of necessary interventions.
  • Medication errors: Administering incorrect medications or incorrect dosages during labor can lead to complications for both the mother and baby.

Injuries during delivery: Improper use of forceps or extractors, or excessive force during delivery, can result in injuries such as brachial plexus injuries or fractures to the baby.

  • Failure to detect or treat infections: Failure to diagnose and treat infections in the mother (such as Group B streptococcus) can lead to serious complications for the baby, including sepsis.
 
If a medical professional has provided inadequate care, the following harm can occur:
 
  • Brachial plexus injury;  
  • Cerebral palsy;
  • Brain damage;
  • Nerve damage;
  • Spinal cord injury;
  • Infection, such as sepsis; 
  • Broken bones or fractures; 
  • Death. 

A medical negligence lawyer can help to determine if your experience and resulting health issue rise to the level of a negligence claim.

What can I claim for?

If you or your baby have suffered as a result of medical negligence, claiming compensation can help to relieve the financial burden of ongoing care. 

A claim can be made for economic and non-economic loss including:

  • Past and future medical expenses
  • Past and future loss of income
  • Expenses for ongoing care
  • Pain and suffering
Process

How to make a birth injury claim

The process starts with a free, no-obligation consultation with GMP Law. You will discuss your situation with an expert medical negligence lawyer, who will help to understand if you are eligible to make a claim.

If you are eligible for a claim, we will work with medical experts to build your case. We manage your case until either mediation is agreed upon between the two parties or it progresses to court proceedings.

An average child birth injury claim could take between 12 and 24 months to resolve. However, this is not always the case, there are situations that complete in up to 36 months or much quicker than cases that are mediated. 

Frequently Asked Questions

More information about childbirth negligence claims

Commonly asked questions about birth injury compensation claims.

Yes, you can make a claim if wrongful death occurred as a result of negligence, learn more here.

To prove medical negligence, you need to show that the healthcare provider, or hospital, failed to fulfill their duty of care. This is usually done through obtaining medical records, witnesses, and expert opinion from third party medico-legal experts.

If it is proven that the trauma experienced by either the mother or the child resulted in negligence of the doctor, midwife, or other health practioner during childbirth, you may be eligible to claim compensation.

Free Resources
Our guide to medical negligence claims
Download your guide to understand the steps you need to take to prove medical negligence, and what you should do first to improve your chance for success.
Our TeaM

Meet the medical negligence lawyers

Meet some of the diverse and dynamic medical negligence lawyers that support our clients with their medical negligence claims.

OUR PROMISE TO YOU

Our difficult case policy

At Gerard Malouf & Partners, it’s our professional obligation to strive for maximum justice and achievable compensation.

Our difficult case policy ensures that our senior lawyers and experienced management team oversee notably challenging cases. This makes sure that we achieve the best results for our clients seeking accident injury compensation.

We maintain integrity by not accepting a case if we believe it is unlikely to result in compensation, or if the costs to our client outweigh the benefits.

This is our core philosophy and what differentiates us from other law firms.

Our guarantee
No Win, No Fee Medical Negligence Lawyers

Not all ‘No Win No Fee’ legal firms are the same. Here at GMP Law, we cover 100% of all upfront costs.

Our no win, no fee guarantee

Our medical negligence lawyers work on a no win, no fee basis. This policy means that we take on 100% of all upfront costs for you and if we don’t win, we won’t charge you anything for our work.

This approach also signifies that if — in the rare instance — we do not win your case, you will not be required to pay a contingency fee for our work together.

This means that you can focus more on healing, without the additional worry of legal costs by seeking the compensation you rightfully deserve.

Upon winning your case, we do not charge a percentage of the settlement — as may be commonly expected. Rather, we charge based on our time.

We are dedicated to serving Australia with the utmost commitment to our clients’ success and satisfaction, as evidenced by our 98% success rate and $4 billion in settlements delivered. In the unlikely event that one of our clients is unhappy with our services, we are prepared to lower our fee arrangement. However, we trust that you will be pleased with our services and the outcome of your claim alike.

We're here to help maximise your compensation

Book your free, confidential consultation with one of our medical negligence lawyers using the form below, or simply call us 1800 004 878.

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Class Actions
At GMP Law, we have extensive experience in class action lawsuits, amplifying the voices of individuals who have experienced similar harms or losses.
About Us
Gerard Malouf & Partners have provided friendly, experienced legal advice to communities across Australia for over 35 years. Our Personal Injury Lawyers have taken on ten’s of thousands of cases and we are proud to have won billions of dollars for our clients.
Lawyers
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.
Resources
Meet the diverse and dynamic team of compensation lawyers and supporting staff that have made this all happen below. Our multi-lingual team can discuss your claims in Arabic, Assyrian, Turkish, Greek, Italian, French, Serbian, Croatian, Armenian, Mandarin, Hindi, Punjabi or Malayalam.

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