LLB, B.Journ, GDLP
Fiona CampbellP: 08 8216 3383
Fiona graduated from the University of South Australia in 2015 and was admitted to the Supreme Court of South Australia in September 2016.
Fiona works in personal injury, medical negligence, motor vehicle accidents and class actions.
Member - Law Society of South Australia
Can I sue if something goes wrong during labour?
If it can be proved that a health practitioner involved in the delivery of a baby acted negligently, and the baby and/or its mother are injured as a result, a claim for compensation may be made for pain and suffering (including loss of enjoyment of life), loss of income, past and future care requirements and medical expenses.
There are many ways that a health practitioner delivering a baby can be negligent, including if they: –
- fail to adequately monitor the baby or mother during labour;
- fail to recognise an emergency situation;
- fail to respond appropriately to an emergency situation;
- use excessive force during delivery; or
- administer an epidural injection (or perform any other procedure) without the necessary level of skill, care or attention.
This list is not exhaustive.
Compensation following a successful birth injury claim can be significant and depending on the circumstances can be in the millions.
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.
If you or your baby have been injured during the course of labour, be that in 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 early as possible to ensure you comply with legislative time limitation dates, and while the facts are fresh in your mind.
At Duncan Basheer Hannon, we have a team of medical negligence specialists with experience in dealing with birthing injuries who can provide you with advice. Contact us on 1800 324 324 or send us a message to arrange an appointment today.