Making a negligence claim when labour doesn’t go to plan

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We put trust in the medical professionals during pregnancy and birth, however, where you or your child have suffered injuries, which could have been avoided, you should consider seeking legal advice, writes Chamberlains Law Firm director Alison McNamara. This is a sponsored post. 

THE arrival of a new baby should be one of the most exciting and special times of our lives. But things don’t always go to plan and, unfortunately, pregnancy and childbirth complications do happen and can have devastating emotional and financial effects on you and your family.

Chamberlains Law Firm director Alison McNamara

We put trust in the medical professionals to look after us during pregnancy and birth, however, where you or your child have suffered injuries, which could have been avoided, you should consider seeking legal advice about making a medical negligence claim. 

Childbirth complications can have serious consequences, including a physical and psychological impact, or a combination of both. While a successful claim cannot take away your loss, it can compensate you for your pain and suffering and help assist with the cost of treatment and any time off work. 

Medical negligence claims in this area are varied and can include failure to properly manage the pregnancy, failure to delivery the baby in a timely fashion, failure to recognise signs of distress during labour, misuse of birthing tools, failure to properly deliver the complete placenta, failure to control blood loss, and failure to monitor the health of the baby following delivery.  

Not only do we see medical negligence claims about the birth of a child, but we also see many claims when you have decided not to have any further children.  

What happens in cases where you may seek sterilisation surgery to prevent conceiving another child but negligent performance of that procedure means that you conceive a child despite your decision?

In a recent NSW claim, a 39-year-old mother, referred to by the pseudonym, Jodie Lee, commenced proceedings against her obstetrician and gynaecologist claiming damages for negligence in the performance of a tubal ligation, where its failure led to an unexpected pregnancy. 

The court found that the doctor had performed the procedure incorrectly and awarded damages in the amount of $408,700, noting that while there was no doubt the child was “loved and cherished”, the pregnancy and birth had significant adverse effects on Ms Lee’s life, her emotional wellbeing and her capacity to work.   

If your pregnancy, birth or sterilisation experience has left you feeling distressed – you are not alone. 

These matters can be complex and sensitive and it is important to ensure that you seek advice from an experienced medical negligence lawyer.

Contact us for a free first consultation with one of our personal injury experts to discuss your claim and your legal rights.

Chamberlains Law Firm, level 8, 224 Bunda Street, Civic. Call 6188 3600, email or visit

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