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Birth Injuries Compensation in Australia



Months of strict diet, enormous care and self-sacrifices for giving birth to a healthy baby might be devastated by a negligent act of a medical professional. During the pre-birth or post-labour stages, rare complications might arise such as prescription of incorrect medications or anaesthesia complications during the delivery. Whether it was the baby who was harmed or the mother, legal action can be taken against the liable professional and claim medical negligence compensation to ease the pain and minimise the future sufferings of the infant. In such heart-wrenching incidents, be certain that you are fully supported by the laws.

Birth complications subject to medical negligence compensation

Whilst some of these injuries can be treated with surgeries, some of them might lead to permanent disability as the infants are vulnerable. Complications can arise during the delivery stage as well as post and pre-pregnancy stages. Please note that these complications mentioned below are only the most common of the many possible birth injuries and the eligibility to medical negligence compensation are not limited to these complications.

Oxygen deprivation
Oxygen deprivation is among the most common causes of newborn brain injuries and might be the consequence of a medical professional’s omission. Such a huge fault might lead to permanent brain injuries or lung diseases that last for a lifetime.

Fractures
According to Stanford University, fracture of collar bones are the most common injuries sustained during the labour and lead to permanent incapacity of an infant. Although an adult can easily overcome any fractures, newborns may not be able to as the formation of the bones is not completed.

Paralyses
Overpressure on the nerves of the baby during the delivery might cause permanent paralyses or loss of controllable muscle movements.

Malformed spinal cord
Spinal cord injuries are among the most severe birth defects which might cause permanent disability. However, spinal cord injuries can also develop in the early stages of pregnancy.

Drug usage complications to the mother
Generally, the common idea is that the usage of drugs might cause harm to the fetus. For this reason, the usage of medications should be stopped or restricted. However, your obstetrician can advise you to do so but to a limited extent. As in medical malpractice cases, wrongly prescribed medications and sometimes vitamins might lead to birth defects. The potential risk factor of drug usage during pregnancy should be evaluated before prescribing a medication. If the risk cannot be evaluated, the medications can result in harm to the fetus.

Who is responsible for birth injuries?

Birth injuries either to the baby or the mother might arise due to genetics or due to medical professional’s negligence. Medical negligence occurs when the professional fails to perform their duty in accepted standards. The professional duty can be breached by failing or delaying to worn the patient on potential risks, lack of taking action to prevent harm or by performing unaccepted treatment methods that a reasonable peer-professional wouldn’t. Medical professionals should act in a manner to prevent any harm to harm their patients. If a practitioner breached their duties and caused harm, they can be sued for medical negligence.

Medical negligence claims for birth injuries

Being professionally supported during your claim is important as medical negligence is a very technical situation and the evaluation of the circumstances can be overwhelming. Managing a medical negligence claim is likely to be a wearing situation especially after giving birth. You can hire a lawyer and isolate yourself from the process as much as possible. In addition to this, your lawyer will push their limits to secure the future of your infant by battling in the court to maximise your compensation.










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