Birth Injury Compensation Claims

divingdaily
4 Min Read

The entire process of pregnancy and birth is seen as one of the most beautiful turning points in life. This experience makes the lived moment immortal. Unfortunately, this experience can turn into the biggest trauma of life in some cases. Medical negligence during pregnancy or childbirth or an injury at birth can devastate families emotionally and financially. Although this situation will not fix what happened; subject to compensation aimed at reimbursing the damage.

What is a birth injury?

Birth injury is when a healthcare worker causes more injury to the mother or the baby, or both while giving birth. This injury occurs during pregnancy, during childbirth and after birth; includes physical or psychological injuries.

In short, birth injury refers to a medical event that a woman or her baby suffered during childbirth. In addition, these injuries included death during childbirth.

What are the most common types of neglect that cause birth injuries?

It has been said before those birth injuries are associated with the entire pregnancy process. For this reason, the evaluation of the negligence that caused the injury can be divided into three classes. First of all, of course, the pregnancy process. Then comes the moment of birth and the after-birth processes.

During Pregnancy

  • Failure to diagnose some diseases that may result in the death of the mother or baby,
  • Failure to diagnose a birth defect that could have caused the mother to terminate the pregnancy prematurely if the mother had known

During Birth

  • deprive the baby of oxygen
  • Inability to fully deliver the placenta
  • Misuse of surgical instruments
  • All personal negligence

After Birth

  • Abnormal development of the hip joint

What does birth injury compensation include?

Birth injury compensation is claimed for medical negligence. Although birth injury compensation varies on a case-by-case basis, it generally includes compensation for:

  • Medical expenses of families exposed to birth injury,
  • Medication costs needed to heal the injury,
  • Rehabilitation expenses (physical, occupational therapy, speech therapy, etc.),
  • Expenses required for family counseling and psychological services,
  • Medical expenses of babies born with birth injuries,
  • In the case of a child with a disability, extensive medical expenses related to his upbringing,
  • Cost of home adaptations required in case of disability,
  • Care support that will be needed throughout the child’s life
  • Mothers who were injured due to negligence during childbirth are also included in this compensation.

The health worker who caused the emergence of these situations and made negligence is held responsible.

What should you do if you suffer a birth injury?

If you encounter such a situation, you should seek legal support as soon as possible. Because the sooner you talk to an expert lawyer, the sooner the records of the damage you have experienced will be available. In some cases, even before the injury, you should seek legal advice if you suspect any negligence. Thus, you may have solved the problem beforehand. While in most cases it is clear whether an injury has occurred soon after birth, in some cases this may be a long-term injury. This is true for both mother and baby. Therefore, it is very important that you understand whether your injury is related to childbirth. For this reason, you should not hesitate to seek legal advice when in doubt.

For more detailed legal information: https://www.withstandlawyers.com.au/ 

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