Birth Injury Lawyers
Turner Freeman offers No Win, No Fee representation for families impacted by birth injuries
A birth injury can have a significant and lasting impacts. At Turner Freeman Lawyers, we understand the emotional, physical and financial challenges families may face following a traumatic birth or medical complication during pregnancy or delivery.
In some circumstances, birth injuries may arise due to failures in medical care before, during or shortly after childbirth. Our medical negligence lawyers can provide advice about whether compensation may be available and help families understand the legal process. Turner Freeman offers No Win, No Fee representation for eligible medical negligence matters.
Get in touch today for a free consultation with an experienced medical negligence lawyer.
Recognised for excellence in personal injury law
Turner Freeman is proud to be recognised by Doyle’s Guide, an independent ranking of Australia’s best law firms and practitioners. These acknowledgements reflect the knowledge, professionalism and commitment of our team across multiple areas of law.
Can you claim compensation for a birth injury?
Compensation may be available where a birth injury was caused by negligent medical treatment or failures in the standard of care provided during pregnancy, labour, delivery or postnatal care.
Medical negligence claims involving birth injuries are often complex and require detailed medical evidence and expert opinion. Each claim depends on its own circumstances, including the medical treatment provided, the injury sustained and the laws that apply in your state or territory.
There are also strict time limits that apply to medical negligence claims. Obtaining legal advice early can help ensure important deadlines are not missed.
What is a birth injury?
A birth injury refers to an injury sustained by a baby or mother during pregnancy, labour, delivery or shortly after birth.
Some birth injuries may be unavoidable complications of childbirth. However, in some circumstances, injuries may occur because appropriate medical care was not provided.
Birth injuries can range from temporary conditions through to serious and permanent disabilities requiring lifelong care and support.
Common causes of birth injuries
Birth injuries may arise from a range of medical errors or failures in care. Common causes may include:
- Failure to monitor foetal distress
- Delayed caesarean section
- Improper use of forceps or vacuum extraction
- Failure to diagnose or respond to complications during labour
- Oxygen deprivation during birth
- Medication errors
- Failure to diagnose maternal or foetal conditions
- Inadequate prenatal care
- Delayed treatment of infections or complications
- Failure to appropriately manage high-risk pregnancies
Types of birth injuries
Birth injuries can affect both babies and mothers and may vary significantly in severity.
Common injuries may include:
Injuries affecting babies may include:
- Cerebral palsy
- Brain injuries caused by oxygen deprivation
- Brachial plexus injuries
- Erb’s palsy
- Fractures
- Nerve injuries
- Developmental impairments
- Seizure disorders
- Cognitive impairments
Injuries affecting mothers may include:
- Severe tearing and pelvic injuries
- Haemorrhage complications
- Surgical injuries
- Psychological trauma
- Delayed diagnosis of serious medical conditions
Some injuries may require ongoing medical treatment, therapy, rehabilitation and long-term care.
Our approach to birth injury claims
No Win, No Fee
We are no-win-no-fee lawyers. This means that you only pay legal fees if you obtain a successful outcome in your matter and if not, you do not pay.
Free case assessment
Everyone should be able to access legal representation no matter what their financial circumstances. That’s why we offer an obligation free claim assessment.
Fast, responsive legal support
It’s vital that you get the claims process moving as quickly as possible, because strict time limits apply when making a personal injury claim.
What birth injury compensation may cover
Depending on the circumstances of the claim, compensation may include:
- Medical and rehabilitation expenses
- Ongoing therapy and treatment costs
- Care and support services
- Future care requirements
- Loss of income or earning capacity
- Specialist equipment and home modifications
- Pain and suffering where permitted under applicable laws
The amount of compensation available will depend on the individual circumstances of the claim.
Our personal injury lawyers
Why choose Turner Freeman Lawyers
Turner Freeman Lawyers has acted for Australians injured in workplace incidents, motor vehicle accidents and public liability matters for many years.
Turner Freeman Lawyers has acted for Australians in complex medical negligence matters for many years.
Our team understands that birth injury claims are deeply personal and often involve significant emotional and financial strain for families.
Clients choose Turner Freeman because of our:
- Experience handling medical negligence claims
- Commitment to clear and practical advice
- Focus on supporting families throughout the claims process
- Understanding of complex medical evidence
- Experience dealing with hospitals, insurers and medical experts
Where available and appropriate, claims may also be handled on a No Win No Fee basis.
What our clients say
Client feedback that reflects our commitment to quality and care.
“To Richard and Fernanda, I can’t thank you enough! I wish I was better able to articulate my gratitude. I have gone from depressed & anxious, unable to imagine any kind of future, to …. I think I may actually be happy! I am comfortable that I can at least look after myself & care for my mother with a degree of dignity. Thank you, thank you, thank you!”
– S.C.
Richard and the team were extremely supportive throughout the process whilst being balanced and realistic with me at all times – I’m really happy and appreciate their guidance in working through a difficult experience.
– P.D.
I really appreciate your working with me on my declined claim over the past 6 months, for the result to have ended with the positive outcome and settlement. I couldn’t convey my thanks and enthusiasm enough to you. Thank you for you’re help today in achieving this. It would not have been possible without yourselves, and again Georgia and her team, and to Liam as well for all of your follow ups with me over the past 4 months. I have appreciated your professionalism and care in handling my matter.
– B.B.
The back and spinal injury claims process
While every claim is different, the process will generally involve:
- Initial legal consultation
- Investigation of the medical treatment provided
- Collection of medical and financial evidence
- Review by independent medical experts
- Assessment of liability and compensation entitlements
- Negotiation with insurers or medical providers
- Commencement of court proceedings if required
Many claims resolve through negotiation, although some matters may proceed to litigation.
Time limits apply to injury claims
Strict time limits apply to many personal injury claims across Australia. These time limits can vary depending on:
- The state of territory involved
- When the injury was discovered
- Whether the injured person is a child
- The circumstances of the medical treatment
Obtaining legal advice early can help ensure important deadlines are not missed.
Frequently asked questions
What is considered a birth injury caused by medical negligence?
A birth injury may involve medical negligence where a healthcare provider failed to provide treatment in accordance with accepted professional standards and that failure caused injury.
Can I make a claim on behalf of my child?
Parents or guardians are often able to bring legal claims on behalf of children injured during birth.
What evidence is needed for a birth injury claim?
Evidence may include hospital records, specialist medical reports, labour and delivery notes, expert medical opinions and evidence relating to the long-term impact of the injury.
How long does a birth injury compensation claim take?
Birth injury claims are often complex and may take time due to the need for detailed medical investigation and expert evidence.
Can compensation cover future care needs?
In some circumstances, compensation may include the cost of future medical treatment, therapy, care and support services.
Do I need to pay upfront legal fees?
Funding arrangements will depend on the type of claim and the state or territory involved. Your lawyer can explain the costs and funding options available to you during an initial consultation.
Speak with a birth injury lawyer
If your family has been impacted by a birth injury and you would like advice about your legal options, the team at Turner Freeman Lawyers can assist with understanding the claims process and the compensation pathways that may be available.
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