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Bringing a child into the world is a moment filled with hope and excitement, but for some families, the experience is marked by unexpected challenges. Births can be medically complex, resulting in trauma and injuries for the child or parents that can be physically, emotionally, and financially overwhelming.
This guide will help you understand what birth trauma is, its causes and symptoms, and the steps you can take to access medical, psychological, and legal support.
Birth trauma refers to physical or psychological injuries experienced by a baby or parent at any stage during pregnancy, labour, delivery, or the postnatal period. It differs from birth defects, which are conditions that develop before birth due to genetic or environmental factors.
Some of the most common kinds of birth trauma include:
Many factors can contribute to birth injuries, including natural complications and medical errors. Common causes include:
Kulbinder is career-driven, a mother of two beautiful little girls, Olivia and Rosie, and a partner to her husband, Jason. The family intended to have their children, then focus on their careers and building their future as a family unit. Unfortunately, the birth of Kulbinder’s youngest daughter did not go as expected.
Despite raising concerns with her treating team at the time of labour and delivery, Kulbinder’s experience was not what she had anticipated or prepared for.
You can read more about Kulbinder’s story here.
Rebecca and Phil endured two unsuccessful IVF cycles before successfully conceived Amber. She was their first child. The pregnancy went as planned, without any complications.
However, when Rebecca arrived at the hospital to have her labour induced, she was showing signs of preeclampsia, a serious condition that can cause significant harm to a mother and her baby if left untreated. At the time, Rebecca and Phil had no idea what this could mean for Amber.
Unfortunately, when Amber was born approximately 12 hours later, she was in poor condition. Subsequent investigations showed that she had suffered a profound brain injury due to lack of oxygen prior to her birth and she has since been diagnosed with a severe form of cerebral palsy.
You can read more about Amber’s story here.
We've successfully represented hundreds of patients and their families in complex and sensitive cases.
Recognising birth injuries early can help parents seek the right treatment and support.
In newborns:
In parents:
If you notice any of these symptoms, seeking early medical and psychological support is crucial.
Diagnosing a birth trauma injury early is key to accessing the right treatment and support. You should consult a doctor if you notice concerning symptoms in your baby.
A doctor is likely to order the following tests to assess whether there is a birth injury:
If you’re uncertain about a diagnosis, getting a second opinion is always an option.
If you or your child have experienced birth trauma, you may feel overwhelmed, but you don’t need to navigate this alone. It is estimated that one in three women experience birth-related trauma. Yet stigma and societal expectations can lead women to stay silent about their concerns and experiences.
There are social, financial and medical support options to help you.
Birth trauma doesn’t just affect the baby—it impacts the entire family. Parents may struggle with feelings of guilt, anxiety, or depression, while extended family might be unsure how they can offer support.
There are a few things you can do to look after your mental health:
Children with birth injuries may need extra support to reach their full potential, depending on the nature and extent of their injury. Some key approaches to consider include:
While not all birth injuries can be prevented, parents can take steps to reduce risks. This includes:
Consult medical specialists such as neonatologists or paediatric neurologists for your child, and seek gynaecological or psychiatric support for yourself, as soon as possible.
Physical therapists, occupational therapists, and speech therapists can help with your child’s development, and pelvic floor physiotherapists and psychologists can help treat any injuries you may have suffered.
Document symptoms, treatments, and medical opinions for future reference.
If a medical professional contributed to the injury, either by failing to identify a potential issue, not administering treatment in a proper and timely fashion, or otherwise falling short of standard medical protocols, you may be eligible for compensation.
Proving medical negligence can be challenging, which is why it’s important to find a lawyer experienced in medical malpractice and birth trauma cases.
It’s also important to remember that there are legal time limits to when you can make a claim. While the first months and even years after a traumatic birth can be challenging as you adjust, you should speak to a lawyer as soon as you can to avoid the chance of accidentally passing your state’s limitation date for filing a claim.
Finding the right legal support can make a significant difference if your child’s birth injury was due to medical negligence.
We’ve supported and fought for victims of birth trauma for decades and have extensive experience in handling medical negligence cases with the care and sensitivity they deserve.
We’re committed to helping families affected by birth trauma get the justice they deserve. We offer a No Win, No Fee arrangement for birth trauma claims, meaning you don’t pay unless we win your case.
Contact us today for expert legal advice.
Our team of expert medical negligence lawyers are here to help you understand your legal options and to achieve the best possible outcome for you. Our 'no win, no fee*' policy means that if we don't win, you don't have to pay our legal fees.
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We have lawyers who specialise in a range of legal claims who travel to Australian Capital Territory. If you need a lawyer in Canberra or elsewhere in Australian Capital Territory, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.
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