Birth Injuries

What is Birth Injuries?

Birth injuries refer to any harm or damage suffered by a newborn during the birthing process. These injuries can range from mild to severe and can have long-term consequences. Common birth injuries include:

• Cerebral palsy
• Erb’s palsy
• Brachial plexus injuries
• Brain damage
• Facial nerve injuries
• Fractures

Birth injuries can occur due to various factors, including:

• Inadequate prenatal care
• Delayed or improper medical interventions
• Misuse of medical equipment
• Failure to monitor the baby’s vital signs
• Medication errors

If you suspect that your child’s birth injury was caused by medical negligence, it is crucial to consult with a qualified birth injury lawyer to assess your case.

Key Elements/Types of Birth Injuries

Birth injuries can manifest in various ways, depending on the specific circumstances of the birth. Some key elements/types of birth injuries include:

Cerebral Palsy

Cerebral palsy is a neurological disorder that affects muscle control and movement. It can occur due to oxygen deprivation during birth or trauma to the baby’s brain. Symptoms of cerebral palsy may include muscle stiffness, poor coordination, and difficulty with speech and swallowing.

Erb’s Palsy

Erb’s palsy, also known as brachial plexus palsy, is a condition that affects the nerves in the baby’s shoulder and arm. It can occur when excessive force is applied during a difficult delivery, causing damage to the brachial plexus nerves. Symptoms of Erb’s palsy may include weakness or paralysis in the affected arm.

Brachial Plexus Injuries

Brachial plexus injuries refer to damage to the nerves that control movement and sensation in the shoulder, arm, and hand. These injuries can occur during a complicated birth, particularly if excessive force is used to deliver the baby. Symptoms may include weakness, numbness, and loss of movement in the affected limb.

Brain Damage

Brain damage can occur during birth due to oxygen deprivation or trauma to the baby’s head. This can result in long-term cognitive and physical impairments. Symptoms may include developmental delays, seizures, and intellectual disabilities.

Facial Nerve Injuries

Facial nerve injuries can occur when the baby’s face is subjected to excessive pressure or trauma during birth. This can lead to facial paralysis or weakness on one side of the face.

Fractures

Fractures can occur during a difficult birth, particularly when excessive force is applied to the baby’s fragile bones. Common fractures include collarbone fractures and fractures of the long bones in the arms and legs.

The Legal Process in South Australia

If your child has suffered a birth injury due to medical negligence, pursuing a legal claim can help you seek compensation for the harm caused. The legal process in South Australia typically involves the following steps:

1. Consultation with a Birth Injury Lawyer: The first step is to consult with a qualified birth injury lawyer who can assess the merits of your case. They will gather relevant medical records and evidence to support your claim.
2. Investigation and Evaluation: Your lawyer will conduct a thorough investigation into the circumstances surrounding your child’s birth injury. This may involve consulting with medical client-focuseds to determine whether medical negligence occurred.
3. Mediation and Negotiation: In many cases, the parties involved may attempt to resolve the matter through mediation or negotiation. This can help avoid the need for a lengthy court battle and reach a fair settlement.
4. Commencing Legal Proceedings: If a settlement cannot be reached, your lawyer may advise you to commence legal proceedings. They will prepare and file the necessary documents with the court and represent you throughout the litigation process.
5. Court Hearings and Judgement: The case may proceed to court hearings, where both parties present their arguments and evidence. The judge will then make a judgment based on the evidence presented.
6. Compensation and Resolution: If successful, you may be awarded compensation for your child’s injuries. The amount of compensation will depend on various factors, including the severity of the birth injury and its impact on the child’s life.

It is important to note that the legal process can be complex and time-consuming. Having an experienced birth injury lawyer by your side can greatly increase your chances of a successful outcome.

Your Rights and Obligations

As a parent of a child who has suffered a birth injury, you have certain rights and obligations. These include:

Right to Seek Compensation

You have the right to seek compensation for your child’s birth injury if it was caused by medical negligence. Compensation can help cover medical expenses, ongoing care and therapy costs, loss of future earnings, and other related damages.

Obligation to Act within the Legal Timeframe

In South Australia, there is a strict timeframe within which you must commence legal proceedings for a birth injury claim. This timeframe, known as the statute of limitations, is generally three years from the date of the injury or from when you first became aware of the injury. It is important to consult with a birth injury lawyer as soon as possible to ensure you meet the necessary deadlines.

Obligation to Mitigate Damages

You have an obligation to take reasonable steps to mitigate the damages caused by the birth injury. This may include seeking appropriate medical care and therapy for your child and following the advice of healthcare professionals.

Right to Legal Representation

You have the right to seek legal representation from a qualified birth injury lawyer who can guide you through the legal process, protect your rights, and advocate for the compensation your child deserves.

Understanding your rights and obligations is essential when pursuing a birth injury claim. An experienced birth injury lawyer can provide you with the necessary guidance and support throughout the process.

Common Issues and Solutions

When dealing with birth injury claims, there are several common issues that may arise. These include:

Proving Medical Negligence

One of the key challenges in birth injury claims is proving that medical negligence occurred. This often requires client-focused medical opinion and a thorough investigation into the circumstances surrounding the birth.

Solution: A qualified birth injury lawyer will work with medical client-focuseds to gather evidence and build a strong case to establish medical negligence.

Determining the Value of the Claim

Calculating the value of a birth injury claim can be complex. It requires a thorough assessment of the child’s current and future medical needs, as well as the impact of the injury on their quality of life.

Solution: An experienced birth injury lawyer will work with medical and financial client-focuseds to accurately assess the value of the claim and ensure that all relevant factors are considered.

Negotiating with Insurance Companies

Insurance companies often try to minimise their liability and may offer low settlements initially.

Solution: A skilled birth injury lawyer will negotiate with the insurance company on your behalf to secure a fair settlement that adequately compensates your child for their injuries.

Dealing with Emotional Stress

Birth injuries can be emotionally challenging for both the child and their family. Dealing with the legal process on top of this can add additional stress.

Solution: A compassionate birth injury lawyer will provide support and guidance throughout the legal process, ensuring that your emotional well-being is taken into consideration.

By working with an experienced birth injury lawyer, you can address these common issues effectively and increase your chances of a successful outcome.

Why Choose Wright Street Lawyers

At Wright Street Lawyers, we understand the devastating impact that birth injuries can have on a child and their family. We are dedicated to providing compassionate and client-focused legal representation to help you seek justice and the compensation your child deserves. Here’s why you should choose us:

client-focusedise in Birth Injury Claims

Our team of experienced birth injury lawyers has extensive knowledge and client-focusedise in handling birth injury claims. We understand the complexities involved and have a track record of successfully representing clients in South Australia.

Local Adelaide and South Australian Context

As a local Adelaide law firm, we have a deep understanding of South Australian law and the local medical landscape. We can provide you with tailored advice and guidance specific to your case.

Compassionate and Personalised Service

We prioritise building strong relationships with our clients and providing them with compassionate and personalised service. We will listen to your concerns, answer your questions, and guide you through every step of the legal process.

Proven Track Record of Success

Over the years, we have achieved significant results for our clients in birth injury claims. Our track record of success demonstrates our commitment to fighting for the rights of those who have been affected by medical negligence.

No Win, No Fee Guarantee

We understand that pursuing a birth injury claim can be financially stressful. That’s why we offer a no win, no fee guarantee, which means you only pay legal fees if we successfully recover compensation for you.

If your child has suffered a birth injury, don’t hesitate to contact us for a confidential consultation. We are here to listen, support you, and fight for the justice your child deserves.

FAQs

1. How long do I have to file a birth injury claim in South Australia?

In South Australia, the general time limit to commence a birth injury claim is three years from the date of the injury or from when you first became aware of the injury. It is important to consult with a birth injury lawyer as soon as possible to ensure you meet the necessary deadlines.

2. What compensation can I claim for my child’s birth injury?

The compensation you can claim for your child’s birth injury will depend on various factors, including the severity of the injury and its long-term impact. Compensation may cover medical expenses, ongoing care and therapy costs, loss of future earnings, and other related damages.

3. Can I afford to hire a birth injury lawyer?

At Wright Street Lawyers, we offer a no win, no fee guarantee. This means that you only pay legal fees if we successfully recover compensation for you. We understand the financial stress that can come with pursuing a birth injury claim and aim to make our services accessible to all.

4. How long will it take to resolve my child’s birth injury claim?

The duration of a birth injury claim can vary depending on several factors, including the complexity of the case and whether a settlement can be reached. Some cases may be resolved within months, while others may take longer. Your birth injury lawyer will provide you with a realistic timeline based on the specifics of your case.

5. Can I trust the medical client-focuseds hired by the defense?

It is common for the defense to hire their own medical client-focuseds to dispute your claim. However, your birth injury lawyer will carefully assess the qualifications and credibility of these client-focuseds and may consult with their own independent medical client-focuseds to counter any conflicting opinions.