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      Every year, hundreds of thousands of pregnancies occur in Australia. While most go smoothly, some babies unfortunately develop a birth defect during pregnancy.

      Some birth defects are immediately obvious, like a cleft palate or club foot. Others might need testing after birth to be identified, such as heart defects or hearing loss. Then there are conditions like autism or Cystic Fibrosis that might not become apparent until the child is older.

      Regardless of how your baby’s birth defect happened or when it was diagnosed — if it was due to a medical professional’s negligence, you might be eligible for compensation.

      Start your free online claim check

      Find out if you’re eligible for birth defect compensation today.

      Check your claim nowIt only takes 2 minutes.

      While no amount of money can erase the trauma of a birth defect, compensation can help with the financial burden of medical costs, lost income, and ongoing care. It also recognises your pain and suffering and aims to prevent similar issues for other families.

      Get in touch with us today for free advice on your birth defect claim. With over 25 years of experience helping parents and children deal with birth trauma, our dedicated legal team will provide the support and expertise you need.

      What situations qualify for a birth defect claim?

      Generally, any instance of medical negligence that causes a birth defect could be grounds for a claim. In our experience, some of the most common situations that may qualify include:

      • Failing to detect or diagnose a birth defect during prenatal care or imaging, e.g. not identifying a congenital heart condition on an ultrasound.
      • Providing incorrect or inadequate advice about managing the risks associated with a known condition, leading to a preventable birth defect.
      • Prescribing harmful medications or not adequately reviewing the safety of drugs taken during pregnancy.
      • Inadequate follow-up or monitoring after detecting potential issues during pregnancy.
      • Inappropriate management of high-risk pregnancy conditions such as gestational diabetes and preeclampsia.
      • Delays in delivering the baby or allowing labour to go on for too long.
      • Mismanagement of labour that leads to an emergency c-section.
      • Ineffective neonatal care.

      If you think negligence might have played a role in your baby’s birth defect, contact us today. During a free consultation, our lawyers will hear your story and let you know if you have a claim.

      Can I make a birth defect claim?

      Generally, the following people can make a birth defect claim:

      • Parents or legal guardians (on behalf of the child).
      • The child once they turn 18. Note that this is only possible in some states and if no parent or guardian has claimed on their behalf already.

      In addition, parents may be eligible to make a separate nervous shock claim if their child’s birth defect causes them to develop depression, PTSD or another psychological condition.

      Even if years have passed, you can still claim for a birth defect

      In most states, you can still make a birth defect claim even if the medical negligence happened years ago. Typically, the time limit only starts when you discover that the birth defect was due to negligence.

      How to prove a birth defect claim

      To make a successful birth defect claim, you’ll need to prove three criteria:

      This could happen because of a doctor, nurse, midwife or other medical professional’s negligent action or failure to act. For example, a negligent action could be prescribing medications that are harmful to the baby. In contrast, a failure to act could be not following up on medical tests that show potential problems with the pregnancy.

      To determine if there’s been a breach of duty of care, the ‘reasonable standard of care’ test is used. This test assesses whether another medical professional, under similar circumstances, would have done things differently. It looks at:

      • Whether the medical professional followed professional standards and guidelines.
      • The opinions of other medical professionals in similar fields.
      • The specific details of your case, including your treatment and its context.

      You must show that the medical professional’s breach of duty caused your baby’s birth defect. This involves proving two points:

      • The birth defect was a direct result of the medical professional’s action or inaction.
      • The birth defect was a foreseeable consequence of this action or inaction.

      Finally, you’ll need to show that you and your baby have suffered injury and loss because of the birth defect. This may include medical expenses, lost income, or pain and suffering (the negative impact of the birth defect on your child’s life).

      How much compensation can I claim for a birth defect?

      The amount of compensation you receive depends on your specific situation, including the severity of the birth defect, your child’s prognosis, and how the injuries affect their life. This also covers any changes you need to make because of their condition, like stopping work to care for them.

      For more minor birth defects, compensation can range from $100,000 to $200,000. In the case of severe birth defects, compensation can reach up to $10 million or even $20 million.

      Your total compensation may cover:

      • Past and future lost income: if you’re unable to work because of your baby’s condition.
      • Pain and suffering: compensation for the physical and emotional impact of the injury on the child.
      • Care and support: the cost of commercial care as well as care from family and friends. This also includes situations where you’re no longer able to care for other dependents.
      • Past and future medical expenses: treatment costs, travel for treatments, and therapeutic aids for your child.
      • Modifications: changes to your home or vehicle to accommodate your child’s condition.
      • Schooling expenses: if your child needs specific or additional education because of their condition.

      Jenny receives $2.8 million settlement for son’s severe birth defects

      While pregnant with her fourth child, Jenny visited her GP and hospital multiple times with severe symptoms like vomiting, nausea, and high fever. Despite some initial tests, no further action was taken. Months later, her son was born with significant cognitive and physical disabilities that required 24-hour care, forcing Jenny to leave her job.

      When her son turned five, Jenny sought our help. We reviewed her records and found she had Cytomegalovirus (CMV), a virus known to cause serious birth defects. We filed a claim against the hospital and GP, arguing that they should have tested for CMV and that, had Jenny known about the virus, she would have terminated the pregnancy.

      We also filed nervous shock claims for Jenny and her husband, who both suffered emotionally due to their son’s condition. We ultimately secured a $2.8 million settlement, ensuring Jenny and her family get the care and support they need.

      Meet the team

      Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

      Leon Monaco
      Managing Partner
      • English
      • Workers Compensation, Motor Vehicle Accidents, Public Liability, Medical Negligence
      View full bio
      Joanne Baker
      Senior Associate
      • English
      • Medical Negligence
      View full bio
      Sachini Amarasinghe
      Special Counsel
      • English
      • Medical Negligence
      View full bio
      Lucy Tait
      Solicitor
      • English
      • Medical Negligence
      View full bio
      Daphne Zhuang
      Senior Paralegal
      • English, Mandarin
      • Medical Negligence
      View full bio
      Meet more of the team

      Frequently asked questions

      A birth defect is any abnormality that arises during pregnancy. These defects may be identified in utero, at birth, or much later in life.

      Birth defects can range from minor to severe. In some cases, they may be fatal. Although there are numerous types of birth defects, some of the most common include:

      Structural defects: physical abnormalities in the baby’s body

      • Spina Bifida: a condition where the spinal cord and surrounding membranes do not fully close during development.
      • Hypospadias: an abnormal position of the urethral opening in male babies.
      • Cleft lip and/or palate: a gap or split in the upper lip or roof of the mouth.
      • Clubfoot: a condition where a baby’s foot is twisted out of shape or position.

      Functional defects: abnormalities in the systems that run the body

      • Congenital heart defects: structural problems with the heart that are present from birth, such as a ventricular septal defect (a hole between the heart’s lower chambers).
      • Hearing Loss: present from birth or developing early in life.
      • Asperger’s Syndrome: a developmental disorder that is part of the autism spectrum, characterised by difficulties in social interaction and nonverbal communication, alongside restricted and repetitive patterns of behaviour and interests.
      • Autism: a developmental disorder that affects communication and behaviour, often involving difficulties with social interactions, repetitive behaviours, and unique strengths and differences.

      Chromosomal defects: changes in chromosome number or structure

      • Down Syndrome: a genetic disorder caused by an extra chromosome 21, leading to developmental and intellectual delays.
      • Turner Syndrome: missing or partially missing X chromosome in females.
      • Klinefelter Syndrome: extra X chromosome in males.

      Genetic defects: caused by abnormalities in genes

      • Cystic Fibrosis: a genetic disorder that affects the respiratory and digestive systems, leading to severe lung infections and digestive problems.
      • Tay-Sachs Disease: a degenerative disorder that affects nerve cells in the brain and spinal cord, leading to severe neurological problems.

      Biochemical defects: enzyme deficiencies or metabolic imbalances

      • Phenylketonuria (PKU): a genetic disorder where the body cannot break down an amino acid called phenylalanine, leading to intellectual disability and other serious health issues if not managed.
      • Galactosemia: an inability to metabolise galactose, leading to serious complications.

      This is by no means a complete list — there are many more situations where you may be entitled to birth defect compensation. However, it’s crucial to note that you cannot make a claim solely because your baby was born with a birth defect. You must prove that the birth defect is the result of your medical professional’s negligence.

      To find out if your baby’s condition qualifies for a birth defect claim, speak to us today. Our dedicated lawyers can determine whether you have a claim and how much compensation you could receive.

      If you’re a parent or guardian filing a birth defect claim on behalf of your child, you’ll generally need to do so within a specified time limit. The exact limit depends on which state you’re in and the specifics of your case:

      StateTime limit
      NSW6 years after either:
      • Discovering your child’s birth defect or
      • Their 18th birthday.
      VIC, WA, SA, TAS, NT3 years after either:
      • Discovering your child’s birth defect was caused by medical negligence, or
      • Their 18th birthday.
      QLD, ACT3 years after either:
      • Discovering your child’s birth defect or
      • Their 18th birthday.

      What if I’m already outside the time limit?

      If you’ve missed the deadline for filing a birth defect claim, you can ask the court for an exception. The court will look at several factors, such as:

      • Whether you had access to legal advice.
      • Any efforts you made to seek medical or legal advice.
      • How long the delay was.
      • The severity of the birth defect and your situation.
      • Any attempts by the medical professional to discourage your claim.

      Before moving forward with a delayed claim, it’s essential to consult with a specialist in birth defect claims. We can help identify potential exceptions and manage the process for you. Over the years, we’ve successfully handled many delayed claims.

      For more information on time limits and exceptions in birth defect claims, check out our comprehensive guide.

      Yes, you can still claim compensation if your baby’s birth defect was genetic. However, to succeed, you must show that the defect resulted from a medical professional’s negligence during pregnancy. Genetic conditions alone do not automatically qualify for compensation; it must be proven that the medical care was inadequate, delayed or otherwise negligent.

      Birth defect claims are usually limited to issues caused by negligent treatment during pregnancy. This means if you’re injured during birth or your baby is harmed, you may have a birth injury claim instead.

      Some of the most common birth injuries include:

      • Spinal cord injuries.
      • Bruises.
      • Broken bones.
      • Nerve or muscle injuries.
      • Cerebral palsy.

      It’s important to note that birth injury claims are typically more restrictive, usually allowing only the mother or baby to make a claim. However, if another parent or close relative develops a recognised psychological condition such as anxiety, depression, or PTSD due to the birth injury, they might still be eligible for compensation through a nervous shock claim.

      They don’t need to have directly witnessed the injury; being present during the birth injury or dealing with the aftermath can also qualify them for compensation.

      To find out what claims you may be eligible for, contact us today. Our lawyers are always on standby to discuss your situation.

      How much will my claim cost?

      Every birth defect claim is covered by our genuine No Win No Fee guarantee. Here’s what that means for you:

      • No financial risk: you don’t pay anything unless we win your claim.
      • No upfront costs: we cover all initial expenses, like medical reports and expert fees.
      • Lower legal fees: we usually recover our fees from the other side, so you keep more of your compensation.
      • 90-day risk-free trial: try our services risk-free for 90 days. If you decide to cancel within this time, you won’t be charged.
      Find out more about our fees

      What to expect from your claim

      In a free consultation, you’ll discuss your case with one of our expert birth defect lawyers. We’ll hear the details of your situation, assess whether you have a claim and provide a rough estimate of your compensation. There’s no obligation to proceed, but if you choose to go ahead you’re covered by our No Win No Fee Guarantee.

      Your lawyer will go through your baby’s clinical notes and medical history. If needed, we might have your baby assessed by our medical experts to confirm the defect and understand its effects. We handle all these upfront costs, and you don’t pay anything unless we win your case.

      We work closely with medical professionals to gather crucial evidence for your claim, including expert reports and testimonies. This evidence is especially important in birth defect cases, where lifelong care and support might be needed. Without strong evidence, it’s tough to fully show the impact of the birth defect and secure the compensation you need.

      With solid expert evidence in hand, we’ll start court proceedings by filing the necessary documents and exchanging evidence with the other party. Your claim will then go to mediation, where we’ll handle all negotiations with the insurer to secure the best possible compensation for you.

      Most birth defect claims are resolved through mediation, so you’ll likely get your compensation at this stage. But if the insurer doesn’t offer a fair settlement, we’re ready to take your case to court and push for the full amount you deserve.

      Get free legal advice

      Find out if you have a claim today.

      Start your claim checkMake an enquiryCall 1300 769 665
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      What our clients say

      When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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      For anyone facing medical negligence issues, I highly recommend Monaco.

      I contacted Monaco in regard to a complex negligence claim. The team at Monaco were both approachable and professional. Their knowledge and commitment gave me confidence and a strong case, which ultimately led to a successful outcome.

      Google Posted by Jamie Quinn
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      I am forever thankful! God bless you for being there for me whenever I called.

      Monaco Compensation Lawyers are second to no-one. Anthony and his team were there for me every step of the way. When I got disheartened or down, I would make one phone call to the team at Monaco Solicitors, and they were there for me instantly—reassuring me and consoling me.

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      They were always ready to help with paperwork and answer any questions.

      The staff at Monaco solicitors are very respectful, courteous, knowledgeable and professional. They were always able to help me with the paperwork on my case and always available to assist with any questions I had. They explained all the details of the process as it came up. I have no hesitation in recommending them to anyone who has a medical issue.

      Google Posted by Paulina Chapman
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      Easy and supportive define my experience with Monaco.

      My experience with Monaco Solicitors has been very rewarding. My solicitor was Lucy, who was so easy to communicate with throughout the process. On mediation, she was so supportive. I certainly would recommend Monaco Solicitors to anyone who feels they may have a potential Medical Negligence claim.

      Google Posted by Carol Dillon
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      Thank you for accomplishing so much in such a short time.

      Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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      Good result! We had a complicated claim but they got the job done.

      My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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      I knew it from the very first phone call: I had found a compassionate law firm.

      Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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      They helped me juggle my injury claim and my mum's full-time care.

      I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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      Monaco helped me get much more compensation than I expected.

      Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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      They gave it their all and the result was even better than expected.

      At all times during this long process, I felt supported by the solicitors and barrister assigned to me. At mediation, it became clear that my team were doing all they could to get the best possible outcome for me. At settlement, they did better than I expected.

      Google Posted by Stafford Ray
      Leon Monaco & team member

      How we can help you

      For over 25 years, we’ve been dedicated to helping parents and babies affected by birth defects get the compensation they deserve. This means we will:

      • Ensure your baby gets the support and treatment they need.
      • Guide you through the claims process and keep you updated throughout.
      • Gather strong evidence of your medical professional’s negligence.
      • Negotiate with the medical professional’s insurer on your behalf.
      • Appeal your claim if it’s denied or the offer is unfair.
      • Identify your extra entitlements, such as a nervous shock claim or TPD benefit.
      • Secure compensation for the ongoing financial and emotional impact of the birth defect.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

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      After Nora’s husband died from bad medical advice, she successfully sued the hospital for her depression

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      We have the experience you can count on

      98%
      SUCCESS RATE
      25
      YEARS EXPERIENCE
      8,967
      CLAIMS WON
      $650m
      COMPENSATION PAYOUTS

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      “Monaco got us an upfront payment to ease the financial strain.”

      Get free legal advice

      Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.

      Start your claim check online Call 1300 769 665 Email us