Birth Trauma Legal Claims
A Complete Guide for Mothers in Australia
Written by a medical negligence lawyer
Understand your rights after birth trauma. Learn how the law works in this area.
How to know if you have a claim,
How compensation claims work,
What your claim might be worth
Settlement figures for birth injury claims
How trauma-informed legal action supports mothers.
This article is written by Dr Rosemary Listing | Specialist medical negligence and health lawyer.
I hold a PhD in Law and have extensive experience in birth injury claims, compensation for injured mothers and birth trauma. As a mother myself I understand the incredible process of birth, as well as the challenges that come afterward. I am trauma informed and sensitive to my client’s needs.
I am to make the legal process clear, compassionate, and empowering for every client.
I’m based at Peter Evans & Associates where I offer free initial legal advice for anyone who believes they may have a medical negligence claim. If you’d like to talk, you can reach me at rlisting@evanslaw.com.au or call (02) 4926 4788.
How to know if you have a compensation claim for birth injury?
A negligent birth injury occurs when negligent care during pregnancy, labour, or delivery causes harm to the mother or the baby. Not every poor outcome means negligence, but you may have a compensation claim if your care fell below an accepted professional standard and caused preventable harm.
In Australia, birth injury negligence requires proof that the treatment did not meet professional standards and that the negligence caused the injury.
Common Types of Birth Injuries Caused by Negligence
Birth injuries can affect both the mother and the baby. Here are real-world examples drawn from Australian cases and clinical experience.
1. Injuries to Mothers
Severe perineal tears (3rd- or 4th-degree): These occur when improper episiotomy technique, delayed intervention, or poorly managed forceps delivery causes deep tissue tearing, sometimes leading to long-term incontinence or sexual dysfunction.
Example: A mother sustaining a 4th-degree tear during a forceps delivery without adequate warning or consent may have grounds to claim that her obstetrician failed to exercise reasonable care.Uterine rupture or retained placenta: Often linked to misuse of induction drugs like Syntocinon (oxytocin) or poor monitoring of contractions, leading to haemorrhage and emergency hysterectomy.
Bladder or bowel injury during caesarean section: If surgical negligence caused perforation and subsequent infection or loss of bladder control, this may qualify as compensable harm.
Psychological birth trauma and PTSD: Prolonged labour, coercive consent, or feeling ignored during distress can lead to post-traumatic stress disorder. While psychological injury alone is complex to claim, it is increasingly recognised when tied to negligent treatment.
2. Injuries to Babies
Hypoxic-ischaemic encephalopathy (HIE): A form of brain injury caused by lack of oxygen during birth. It can lead to cerebral palsy, developmental delay, or seizures.
Example: Failure to act promptly on abnormal fetal heart rate traces may establish liability against the hospital.Shoulder dystocia and Erb’s palsy: When a baby’s shoulder becomes stuck behind the mother’s pelvic bone, excessive traction on the baby’s head can damage the brachial plexus nerves, causing partial or permanent arm paralysis.
Fractures and skull injuries: Rough handling with forceps or vacuum can cause fractures to the clavicle or skull if improper force or technique is used.
Neonatal infections: Failing to diagnose and treat maternal infections such as Group B Streptococcus or jaundice promptly after birth can lead to preventable injury.
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How to Tell if Negligence Was Involved
Mothers will know if something doesnt feel right. That is usually an indication that something went wrong in the birth. We write about the mother’s intuition and birth injuries in more detail here.
Many families learn something went wrong after persistent complications. Some indicators that negligence may have occurred include:
You were not informed about key risks or alternatives before labour began.
Warning signs (abnormal heart rates, pain, bleeding) were ignored or downplayed.
There were unexplained delays in calling an obstetrician or performing a caesarean.
Excessive doses of induction drugs like Syntocinon were used without proper monitoring.
Records or explanations from the hospital seem incomplete or inconsistent.
If any of these occurred and an injury followed, you should seek an independent legal review.
What Is Birth Trauma?
Did you know that Birth trauma refers to any physical or neurological injury sustained by a baby—or in some cases, the birthing parent—during labour and delivery.
While some birth injuries are the result of unforeseeable or unavoidable complications, others may occur due to medical negligence: that is, a failure by healthcare professionals to provide the standard of care expected during pregnancy, labour, or birth.
Birth trauma is the distress experienced during or after childbirth, caused by physical injury, emotional shock, or a loss of control during labour or delivery. For some, it’s a result of what was done to them—not just what happened during birth.
This might include:
Emergency procedures without clear explanation
Physical injuries that were not treated seriously
Feeling ignored or disrespected by care providers
Psychological distress that persists after birth
Birth trauma can be:
Physical — injury to the body caused by negligent medical intervention
Psychological — emotional injury resulting from coercion, neglect, or violation of consent
It may stem from:
Poor monitoring of foetal distress
Delayed or failed caesarean section
Mismanaged induction or augmentation
Negligent use of forceps or vacuum
Failure to diagnose haemorrhage or infection
Disregard for consent or dignity
Birth injury compensation
Birth injury compensation
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When Does Birth Trauma Become Medical Negligence?
If something went wrong during your care—and it caused you harm—you may have a legal right to compensation.
Common areas of concern include:
Injuries during forceps or vacuum-assisted delivery
Undiagnosed or untreated perineal tears or prolapse
Failure to obtain informed consent
Poor postnatal care
Trauma resulting in PTSD, anxiety or depression
A healthcare provider may be legally liable when:
A duty of care existed (doctor, midwife, hospital)
The duty was breached (care fell below reasonable standards)
The breach caused injury or harm
Negligence is assessed against peer-accepted professional practice and supported by expert evidence.
When Birth Doesn’t Go to Plan
Childbirth should be empowering — yet for many women, medical errors or lack of care transform it into trauma.
This guide explains your legal rights, how medical negligence is established, and what support is available if you’ve been injured physically or psychologically during labour or delivery.
Know Your Rights After Birth Trauma
Legal information for women seeking answers after a traumatic birth.
Have you experienced birth trauma—physically, psychologically, or both—and felt dismissed, confused, or unsure where to turn?
You are not alone. Many women across Australia have experienced complications during childbirth that left lasting physical or emotional scars. Some of those women may have legal rights they never knew existed.
Childbirth should be empowering — yet for many women, medical errors or lack of care transform it into trauma.
This guide explains your legal rights, how medical negligence is established, and what support is available if you’ve been injured physically or psychologically during labour or delivery.
Injury types that are included in a compensation claim for birth injury
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Physical injuries
Where the mother or the child suffered a physical injury - this is damage that can be claimed
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Psychological injuries
mothers and babies can claim compensation for psychological injuries if they suffer during negligent treatment for birth
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economic loss
if the mother loses income as a result of birth trauma, this is recoverable as part of a compensation claim
About birth trauma
What Is Birth Trauma? Understanding Causes, Impact, and Your Legal Rights
Birth trauma refers to any physical or neurological injury sustained by a baby—or in some cases, the birthing parent—during labour and delivery. While some birth injuries are the result of unforeseeable or unavoidable complications, others may occur due to medical negligence: that is, a failure by healthcare professionals to provide the standard of care expected during pregnancy, labour, or birth.
This article provides a clear and compassionate explanation of birth trauma, including common causes, how it can affect a child or parent, and when you may be entitled to take legal action.
Understanding Birth Trauma
Birth trauma is not limited to a single type of injury. It may include:
Physical injuries such as broken bones, nerve damage, or bruising
Neurological injuries such as brain damage caused by oxygen deprivation
Psychological trauma in birthing parents following traumatic interventions or outcomes
In babies, some of the most serious forms of birth trauma include:
Cerebral palsy
Erb’s palsy or other brachial plexus injuries
Fractures or dislocations
Intracranial haemorrhages
Hypoxic-ischaemic encephalopathy (HIE)
In birthing parents, birth trauma may involve:
Severe perineal tears
Uterine rupture
Postpartum haemorrhage
Psychological injuries, including PTSD following a traumatic delivery or emergency intervention
When Is Birth Trauma Caused by Medical Negligence?
Not all birth injuries are avoidable. However, there are circumstances where earlier intervention, better monitoring, or adherence to established clinical guidelines could have prevented or significantly reduced the harm caused.
Medical negligence may be involved where:
1. There Was a Delay in Recognising or Responding to Fetal Distress
Fetal distress—often identified through changes in the baby's heart rate—requires urgent attention. If signs of oxygen deprivation or other distress are missed or ignored, the baby may suffer permanent injury.
Healthcare providers are expected to:
Continuously monitor the fetal heart rate using CTG machines
Recognise patterns that indicate a lack of oxygen
Act promptly—either with positional changes, medications, or delivery
Failure to do so may result in brain injuries such as cerebral palsy, which can have lifelong consequences.
2. There Was a Failure to Perform a Timely Caesarean Section
Some labours become high-risk, requiring a caesarean section to safely deliver the baby. Delays in making the decision—or carrying it out—can have devastating results.
You may have grounds for concern if:
There was evidence of fetal distress, but surgery was delayed
Labour was not progressing, yet intervention was postponed
You were told you would have a caesarean but waited a long time after the decision was made
Delays in emergency C-sections are a leading cause of oxygen-related injuries at birth.
3. Known Risks (Such as Shoulder Dystocia) Were Mismanaged
Shoulder dystocia occurs when a baby’s shoulder becomes stuck behind the mother’s pelvic bone during vaginal delivery. It is a known obstetric emergency requiring calm, skilled, and timely management.
If not handled correctly, shoulder dystocia can result in:
Erb’s palsy or permanent nerve damage
Fractures to the baby’s clavicle or humerus
In extreme cases, brain damage or death
If risk factors such as a large baby (macrosomia), maternal diabetes, or prolonged second stage labour were present, yet not properly planned for, this may point to a breach in duty of care.
4. Fetal Monitoring Was Poor or Inconsistent
Modern obstetric care relies on continuous fetal monitoring during labour to detect distress early. Failure to interpret or act on the data from cardiotocography (CTG) strips can result in missed opportunities for safe intervention.
Common issues include:
Failure to escalate concerns to an obstetrician
Interpreting abnormal CTG as ‘normal’
Leaving the patient unattended for extended periods during labour
These oversights can result in a failure to protect the baby from preventable harm.
What Should You Do If You Suspect Birth Trauma?
If your baby was injured during birth—or if you yourself experienced severe trauma—and you’re unsure whether it was avoidable, it’s worth seeking legal advice.
You may wish to:
Request and review your medical records
Ask your healthcare provider for a clear explanation of what happened
Seek a second opinion from a specialist or legal professional
Document your experience and the timeline of events as best you can
Even if you’re not ready to pursue a legal claim, understanding your rights and getting clarity around the incident can be profoundly empowering.
Can You Make a Claim for Birth Trauma?
To establish a legal claim, it must be shown that:
The standard of care fell below what would reasonably be expected of a medical professional in the same circumstances; and
That failure caused or contributed to the injury suffered
Compensation can cover:
Ongoing care costs for the child
Medical and therapy expenses
Loss of income (for the parent and child)
Pain, suffering, and loss of opportunity
Home or vehicle modifications
Claims involving birth trauma are complex and require a detailed understanding of both medicine and law. Specialist legal guidance is recommended.
Conclusion: Birth Trauma and Your Legal Rights
Birth trauma is deeply personal, often devastating, and sometimes preventable. Whether your child is living with a lifelong condition like cerebral palsy or you experienced trauma during delivery, you deserve answers—and support.
If you have questions about what happened or whether medical negligence played a role, there are pathways available to help you understand your rights and next steps. Legal information services can assist you in making informed decisions at your own pace, without pressure or cost.
If you’d like a plain-language factsheet or to speak to someone who understands these matters, get in touch.
You can request free resources or guidance by calling (02) 4926 4788 or requesting an information pack through our contact form.
About Dr Rosemary Listing: Expertise in Medical Negligence and Birth Trauma Law
Dr Rosemary Listing is a senior solicitor and leading voice in the field of medical negligence, with over a decade of experience helping individuals and families affected by serious healthcare failings. She specialises in complex birth trauma claims, including cases involving cerebral palsy, shoulder dystocia, delayed emergency caesareans, and failures in labour monitoring.
Dr Listing has acted in a wide range of high-stakes negligence matters, representing clients whose lives have been permanently altered by poor medical care. Her work is marked by meticulous legal analysis, a strong grasp of clinical issues, and a deep commitment to ensuring that patients and families understand their rights and options.
Alongside her legal practice, Dr Listing is a lecturer in health law and a researcher in the field of medical product failure and healthcare accountability. She is widely respected for her academic insight, practical legal skill, and compassionate approach to supporting clients through highly sensitive and complex cases.
This information service was established to help families affected by birth trauma access accurate, plain-language guidance about their legal rights—without pressure or confusion. Her goal is to equip families with the clarity they need to make informed decisions during an incredibly difficult time.
