Nick Xenophon & Co.

653 Lower North East Road,
Paradise SA 5075

Phone: (08) 8336 8888


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Can I sue if something goes wrong during child birth ?

Can I sue if something goes wrong during child birth ?

You have the right to trust medical staff to look after you properly during child birth. However, if you or your baby are injured in any way during child birth, as a result of the negligence of any medical staff, then you can claim for compensation.

What is Negligence?

All medical staff have a ‘duty of care’ to exercise reasonable care, skill and judgement when examining, diagnosing, treating and advising their patients. If they breach that duty, they may be liable for any harm caused and you may be able to claim compensation.

Here are some examples of possible negligence by medical staff during child birth:

·         failing to recognise an emergency situation

·         failing to respond appropriately to an emergency situation

·         using excessive force during delivery

·         administering any medical procedure such as an epidural,  without the necessary level of skill, care or attention

·         failing to adequately monitor you or baby during labour

What Compensation Can I Expect?

Compensation following a successful birth injury claim can be significant and depending on the circumstances can be in the millions. This includes compensation for:

·         pain and suffering/loss of enjoyment of life

·         loss of income

·         past and future care requirements

·         medical expenses

Where the negligence occurs in a hospital, medical clinic or by a doctor, the compensation is likely to be paid by professional indemnity insurance, depending on the terms of the policy.

What To Do Next

If you or your baby have been injured during the course of child birth, either at hospital or at home, you should seek legal advice with respect to whether a claim in medical negligence should be investigated and the steps that would be involved.

Legal advice should be sought as soon as possible to ensure you comply with legislative time limitations, and while the facts are still fresh in your mind.

Please contact Nick Xenophon and Co. Lawyers on (08) 8336 888 and let us help you through this often confusing and complicated medical negligence legal system, so that you can focus on your health and rehabilitation without the added stress.

To give you piece of mind about engaging our services and show you how we can help, your first consultation with one of our expert personal injury lawyers is absolutely FREE! Furthermore, we can also work on an arrangement of NO WIN – NO FEE! (some conditions apply). This means that you will only pay our professional fees if you receive a settlement or compensation. You won’t be charged our fees if your claim is not pursued.