Brydens Lawyers recognises the profound emotional and legal complexity inherent in cases brought forward when a baby is injured during delivery, solely or partially as a direct result of any error made. These cases are amongst the most tragic managed by our firm, requiring exceptional empathy and highly specialised legal acumen to navigate the sensitive and often life-altering consequences for the affected families.
Common injuries resulting from birth trauma and medical negligence include:
Cerebral palsy
Brachial plexus injuries (e.g., Erb’s palsy)
Hypoxic-ischemic encephalopathy (HIE)
Fractures or nerve damage
Developmental delays due to a lack of oxygen or physical trauma
To successfully prosecute a birth trauma case, several legal elements must be established:
Negligence: It must be shown that the healthcare providers involved did not provide the standard of care accepted by their peers (“peer professional opinion”).
Causation: It must be shown that the deviation from accepted medical practice caused or materially contributed to the injury, loss, or damage suffered by the child. For a causal connection to be made, the injury cannot be coincidental or the result of other underlying issues.
Evidence: Sufficient and compelling evidence must be presented to satisfy the court that there has been a breach of duty of care by the medical professionals responsible for the baby’s delivery and that this caused or materially contributed to the injury, loss or damage suffered by the child.
Timeliness: Strictly speaking, medical negligence cases need to be lodged within 3 years from the date of the injury or when the injury was first recognised. Time is of the essence, so do not delay in seeking legal advice if you have any concerns with respect to any injury suffered by a child during its delivery.
Subject: Damages are awarded in favour of the injured child and in many cases, a claim also be brought by the parents for any injury, loss or damage they suffer as a result of the healthcare professional’s negligence.
Depending on the severity and extent of the injury suffered by the child, a claim may be made for the following:
Past and future medical expenses and out-of-pocket expenses.
Damage to their ability to earn an income in the future.
Future loss of superannuation benefits.
Past and future paid services, such as home cleaning or nursing assistance.
The value of services provided by family and friends without charge.
Medical aids and equipment, such as wheelchairs.
Any home and vehicle modifications that are required to make them accessible.
Any additional costs incurred in connection with continuing disabilities, such as the extra cost of holidays to accommodate special needs.
A contribution towards your legal costs and disbursements.
Seeking the assistance of Brydens Lawyers is paramount to not only winning your claim, but their expertise is invaluable to ensure you receive the maximum compensation to which you and your child may be entitled to.
Should the court be satisfied that the healthcare professional acted negligently, that is not in accordance with peer professional opinion, the damages awarded to the child and/or parent are invariably significant. The damages awarded are an amount reflecting the severity and extent of the birth trauma and its immediate and long-term impact on the child’s ability to develop, enjoy a quality of life and manage their affairs.
The assessment of damages to which the child and/or parent is entitled depends on whether the child will experience a short-term or ongoing disability and impairment, as well as any impairment of their ability to manage their financial affairs in the future:
If incapacitated: In the event that the injury suffered by the child is of a kind that would prevent the child from being able to manage their own affairs, then any damages awarded by the court would be invested with a trustee to manage the child’s finances during their lifetime.
If cognitively capable: If the injury suffered by the child was of a kind which did not impair the child’s ability to manage their own affairs, then the damages awarded to the child would be invested on the child’s behalf with a trustee until they reach 18 years of age.
Birth trauma arising from medical negligence are amongst the most tragic of all the personal injury claims prosecuted by Brydens Lawyers. Due to the inherent sensitivity of these types of claims and the potential for long-standing effects, these claims require specialised legal advice and representation, the kind that Brydens Lawyers can provide.
As a full-service law firm, Brydens Lawyers has a 50-year history of expertly prosecuting claims on behalf of children as a result of birth trauma, and has successfully recovered maximum compensation to which the child is entitled. Should you or anyone you know have any such concerns arising from the birth of a child, contact Brydens Lawyers without delay — strict time limits apply to all claims.
We are committed to providing legal help and ensuring that compensation is available to support your loved one’s medical, financial, and personal care. Start your claim online or by calling 1800 848 848 today for expert advice on your birth injury claim
Brydens Lawyers – #WEDO medical negligence claims for children arising from any birth trauma.
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