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      What is birth injury compensation?

      Every year, hundreds of thousands of babies are born in Australia. While most births go smoothly, some unfortunately result in harm to the mother or baby.

      If your injury was caused by a doctor, nurse, or other medical professional’s negligence, you may be entitled to substantial lump sum compensation.

      Although no amount of money can fully compensate for the trauma of a birth injury, this payment helps ease the financial burden of medical bills, lost income, and ongoing care. It also acknowledges the pain and suffering you have endured.

      Contact us today for free advice on your birth injury claim. With over 25 years’ experience helping mothers and children, our dedicated team will handle your case with the compassion and expertise you deserve.

      Start your free online claim check

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

      Check your claim nowIt only takes 2 minutes.

      What situations qualify for a birth injury claim?

      We’ve handled hundreds of birth injury claims over the years. In our experience, these are some of the most common:

      • Infections: failure to detect, diagnose, or treat maternal infections.
      • Inadequate monitoring: this includes if staff fail to properly monitor the baby’s well-being (usually through regular checks of the foetal heartbeat to assess distress) or the baby’s size in proportion to the birth canal and size of the mother.
      • Delayed action: such as not promptly scheduling or performing an urgent Caesarean delivery.
      • Incorrect medication: administration of the wrong medication or dosage to the mother during pregnancy, labour, or delivery.
      • Lack of informed consent: improper use of tools like forceps or vacuum without informed consent and discussion of associated risks.
      • Improper handling of the baby: such as incorrect pulling or twisting of the baby during labour and delivery.
      • Failure to review images: not reviewing radiological imaging before delivery and addressing potential complications.
      • Neonatal death: a baby passing away within 28 days of birth due to a birth injury or other staff negligence.
      • Umbilical cord issues: failure to detect issues with the umbilical cord, such as prolapse.
      • Failure to assess the baby’s position: both before labour and during delivery.

      • Gestational diabetes: if failure to diagnose or manage gestational diabetes leads to complications.
      • Pre-eclampsia or eclampsia: mismanagement or failure to diagnose either condition.
      • Broken bones or bruising: if childbirth leads to broken bones or extensive bruising.
      • Uterine ruptures: occurring during labour or delivery.
      • Fissures and fistulas: if childbirth causes either vaginal or anal fissures and fistulas.
      • Tears or lacerations: these can occur in both the vaginal and anal areas due to the use of birth-assisting tools, including unsuccessful episiotomies. This also includes if a tear or laceration was improperly repaired.
      • Urinary catheter complications: arising from catheter use during or after childbirth.
      • Anaesthetic complications: related to its administration during labour and delivery.
      • Instrument-related injuries: any injuries caused by the use of forceps or other instruments.
      • Fractures: particularly pelvic fractures resulting from childbirth.
      • C-section injuries: including wounds and infections following Caesarean sections.
      • Muscle damage: most commonly, pelvic floor muscle damage during childbirth.
      • Trauma: this can be emotional or psychological trauma resulting from childbirth complications.

      Importantly, birth injury claims usually focus on negligence during childbirth. If your baby developed an abnormality during pregnancy, you might have a birth defect claim instead.

      Mother and daughter win $2.5million for childbirth negligence

      Nadia experienced oxygen deprivation at birth, which later led to a diagnosis of Cerebral Palsy. Our team began assisting Nadia and her mother when Nadia turned 13.

      After thorough investigations, we determined that the midwife and hospital staff had been negligent during her birth. At the same time, we had a child psychiatrist assess Nadia's current and future needs. Legal proceedings were then initiated in the Supreme Court of NSW.

      Ultimately, we secured a settlement of $2.5 million plus legal costs for Nadia and her mother. This substantial compensation ensures that Nadia will receive the care and support she needs for the rest of her life.

      Read Nadia’s full story here

      How to prove a birth injury claim

      You’ll need to prove three criteria for a successful birth injury claim:

      This could occur due to a doctor, nurse, midwife or other medical professional’s negligent actions or failure to act. For example, a negligent action could be improperly using forceps during delivery, while a failure to act could be inadequate monitoring of the baby’s heartbeat during labour.

      Determining if there has been a breach of the duty of care involves applying the ‘reasonable standard of care’ test. This test assesses whether another medical professional, under similar circumstances, would have acted differently. It considers several factors:

      • Adherence to established professional standards and guidelines.
      • Testimony from other medical professionals in similar fields.
      • Specific details of your case, including treatment and its context.
      • Your health status, any pre-existing conditions, and the overall treatment plan.

      You must show that the medical professional’s breach of duty caused your injury or illness. This involves demonstrating two critical points:

      • Your injury or illness directly resulted from the actions or inaction of the medical professional.
      • Your injury was a foreseeable consequence of the treatment (or lack of treatment) provided by the medical professional.

      You must demonstrate that you’ve suffered injury and loss. This can include medical expenses, lost income, or pain and suffering (how the injury has negatively impacted your life).

      How much compensation can I claim for a birth injury?

      The compensation you can receive varies widely depending on the specific circumstances of your case. This includes the nature and extent of the injuries, the prognosis, and the ongoing effects on both you and your child.

      On the lower end, claims may settle for $100,000 to $200,000, often in situations involving moderate birth injuries or minor psychiatric issues experienced by parents. On the higher end, severe cases such as permanent disability, major psychiatric injuries, or the death of a mother or child can reach $10 to $20 million.

      Your compensation may cover:

      • Lost income: both current and future earnings, including superannuation.
      • Pain and suffering: addressing the physical and emotional impacts of your injury.
      • Care and support: whether provided by family, friends, or professionals. This also includes situations where you are unable to care for your baby or other dependents.
      • Other expenses related to your injury: such as medical bills, travel costs, or necessary modifications to your home or vehicle.

      Your claim is risk-free with our No Win No Fee

      We offer a genuine No Win No Fee guarantee for all birth injury claims. That means we cover every upfront cost — including legal fees, medical tests, and expert reports — and there's nothing to pay until we win your claim. If we're unsuccessful, you'll never receive a bill from us. It’s that straightforward.

      Learn more about our No Win No Fee guarantee

      Frequently asked questions

      1. Seek medical treatment: your health is the top priority, so it’s crucial to seek medical treatment immediately. Typically, this will happen at the hospital where you delivered. However, if you didn’t deliver in a hospital (or the injuries became apparent later), consult your GP, gynaecologist, psychologist, paediatrician, or another relevant specialist.
      2. Get an explanation: contact your hospital or other medical professionals to understand what happened during the delivery. This step is crucial to determine if there was any negligence. We understand this may be a difficult time for you, so our lawyers are always available to speak to the hospital on your behalf. We can handle all communications and you can choose your level of involvement.
      3. Consider a support group or psychologist: society places a huge amount of expectation and pressure on mothers to have a perfect birthing experience — so those who suffer a birth trauma often experience feelings of failure or shame. It’s important to know you are not alone and that support is available. A registered psychologist or psychiatrist can provide one-on-one counselling to help you process the birth trauma. The Australasian Birth Trauma Association (ABTA) also offers peer and group support services, mental health support, and services for partners and families.
      4. Speak to a lawyer: if you haven’t already, consider consulting a specialist birth injury lawyer. With our national network of medical experts, we’ll evaluate whether your hospital or medical professional was negligent. We can also offer a free estimate of your potential compensation and chances of success.

      If you’re a mother, you must file your birth injury claim within a specified time limit. This varies depending on your state of residence and the specifics of your case:

      StateTime limit
      NSW, VIC, SA3 years after discovering your injury.
      QLD, WA3 years from the date of the negligent treatment.
      ACTFor physical injuries, 3 years from the date of the birth injury.

      For diseases or disorders, 3 years after:
      • Discovering the disease or disorder, and
      • That it was caused by negligent treatment.

      Claims on behalf of children

      You will generally have extra time to file your claim if you’re claiming on behalf of a child injured during birth. The exact extended time limit depends on which state you’re in. For example, in NSW you must file a claim on behalf of your child within six years of realising that they were injured due to a medical professional’s negligence.

      What if I’m already outside the time limit?

      If you’ve missed the deadline for filing a birth injury claim, you’ll need to petition the court for an exception. The court will consider several factors, including:

      • Whether you had access to legal advice.
      • Any efforts made to seek medical or legal advice.
      • The length of the delay.
      • The severity of your injuries.
      • Any attempts by the hospital or medical professional to discourage your claim.

      Before proceeding with a delayed claim, it’s crucial to consult a specialist in birth injury claims. We can identify suitable exceptions and manage the application process on your behalf. Over the years, we’ve successfully resolved numerous delayed claims for our clients.

      For more detailed guidance on time limits and exceptions in birth injury claims, head to our comprehensive guide.

      Unfortunately, birth injury claims are generally limited to mothers and babies. However, other parents may still be eligible for compensation through a ‘nervous shock’ claim if the birth injury caused them to develop a recognised psychological illness. This includes conditions like anxiety, depression or Post-Traumatic Stress Disorder (PTSD).

      Importantly, they don’t have to witness the birth injury directly: they may have been present for events surrounding the birth injury or dealt with the immediate aftermath.

      A successful claim can result in a lump sum payout covering:

      • Medical expenses.
      • Lost income.
      • Pain and suffering.

      The exact amount of compensation depends on the severity of the condition and its effect on the parent’s life.

      If you’ve developed a psychological illness due to a birth injury, get in touch today. Our experienced birth injury lawyers can outline your options free of charge.

      See more FAQs

      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, Russian
      • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
      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

      Get free legal advice

      Find out if you have a claim today.

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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.

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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 helped mothers and babies injured during birth get the compensation they deserve. As part of our comprehensive service, we will:

      • Ensure you get the support and treatment you need.
      • Provide clear guidance on the claims process and regularly update you.
      • Gather strong evidence proving your medical professional’s negligence.
      • Negotiate with the medical professional’s insurer on your behalf.
      • Appeal your claim if it’s denied or the insurer offers an unfair settlement.
      • Find your valuable extra entitlements, such as a TPD benefit.
      • Secure compensation for the full financial and emotional impact of the injuries.

      Speak to one of our friendly lawyers

      Email us 1300 769 665

      Millions won for our clients

      View more case results

      $10 million

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      Hospital pays substantial settlement to father left unable to walk or talk

      Sam was a working father in sound health prior to undergoing surgery. Improper treatment by hospital staff left him unable to speak, walk or swallow. He requires...

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      $2.5 million

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      Midwife and hospital staff responsible for child’s chronic illness

      Nadia was diagnosed with Cerebral Palsy at 18 months old. Her mother felt the hospital had been negligent during the birth. We helped prove their negligence and...

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      $2.5 million

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      Amy wins significant payout for hospital negligence during surgery — despite being warned of the risks

      After a laparoscopic procedure to remove her ovaries and fallopian tubes, Amy* suffered a perforated bowel, leaving her unable to walk or work. We proved that the...

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      $1.5 million

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      Esther wins $1.5mil settlement after hospital fails to find cancer

      When Esther* went to a public hospital with groin pain, she underwent ultrasounds and x-rays, but the hospital failed to identify a suspicious mass. This negligence led...

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      $750,000

      Birth Injury Lawyers
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      Young mother gets payout for improper GP treatment

      Sarah's doctor injured her nerve while attempting to remove a contraceptive implant. She was unable to work or care for her children. We helped Sarah win a...

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      $230,000

      Birth Injury Lawyers
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      Client secures out-of-Court settlement for botched surgery

      A botched operation left our client bedridden and in constant pain. She also developed a psychological condition as a result. We proved that the surgeon was liable...

      Read more

      $850,000

      Birth Injury Lawyers
      Medical Negligence

      Both dentist and hospital held responsible for poor surgery aftercare

      Liam was left with a painful infection after an improper tooth extraction. He sought treatment at a hospital, but staff there failed to diagnose his condition. Eventually,...

      Read more

      $550,000

      Birth Injury Lawyers
      Medical Negligence

      Hospital compensates mother after failing to recognise signs of foetal distress

      Sarah lost oxygen to her brain during childbirth. Hospital staff had failed to recognise early signs of foetal distress and Sarah developed foetal hypoxia as a result....

      Read more

      $550,000

      Birth Injury Lawyers
      Medical Negligence

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

      Nora's husband, Jason, tragically died after a routine colonoscopy. She experienced severe depression after his loss and could not work or care for herself. We helped Nora...

      Read more

      We have the experience you can count on

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

      Hannah's Story

      2:37m watch

      “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