Understanding Birth Trauma & Your Rights -
A Free Information Service for Families Affected by Birth Injuries
By Dr. Rosemary Listing
Understanding Birth Trauma & Your Rights -
YOUR LEGAL RIGHTS
A Free Information Service for Families Affected by Birth Injuries
When something goes wrong during birth, the emotional and practical consequences can be overwhelming. This page has been created as a legal information resource for families affected by birth trauma, including injuries such as cerebral palsy, shoulder dystocia, and harm caused by delayed C-sections or failure to monitor during labour.
We aim to help you understand:
What birth trauma is
When it may be the result of medical negligence
What legal options may be available
How compensation can help support your child and your family
This service is designed to support informed decision-making. We believe that families should have access to accurate, plain-language information—whether they are simply seeking clarity or are considering taking legal steps.
What Is Birth Trauma?
Birth trauma refers to physical or neurological injury sustained by a baby—or in some cases, the birthing parent—during labour or delivery. It can occur due to unavoidable complications, but in many instances, birth injuries could have been prevented with appropriate care.
Medical negligence may be involved where there was:
A delay in recognising or responding to fetal distress
A failure to perform a timely caesarean section
Mismanagement of known risks, such as shoulder dystocia
Poor or inconsistent fetal monitoring
Common Birth Injuries Linked to Medical Negligence
Cerebral Palsy
Cerebral palsy is a lifelong condition that often results from oxygen deprivation to the brain during birth. Key risk factors include:
Prolonged or obstructed labour
Delays in performing a necessary C-section
Failure to monitor or respond to signs of fetal distress
If a different course of action could have prevented your child’s injury, it may constitute a claim in negligence.
Shoulder Dystocia and Brachial Plexus Injury
Shoulder dystocia is a delivery complication in which the baby’s shoulder becomes lodged behind the mother’s pelvic bone. If not managed appropriately, it can lead to:
Erb’s palsy
Nerve damage or paralysis
Broken bones or hypoxia (oxygen deprivation)
Timely and competent medical care is essential to prevent lasting harm.
Delayed C-Sections
A caesarean section should be performed promptly when the baby is in distress or labour is not progressing. Delay in making or executing that decision can cause:
Brain injury
Physical trauma
Long-term disability
Assessing whether the delay was avoidable is a crucial part of identifying if there is a legal claim.
Failure to Monitor During Labour
Modern labour management involves continuous fetal monitoring to detect problems early. If abnormal patterns go unnoticed or unaddressed, serious injuries can occur.
You may have concerns if:
You were told everything was fine despite feeling otherwise
You were left unattended during critical phases of labour
There was a breakdown in communication between staff
Is It Medical Negligence?
Not every adverse outcome is negligent—but if a medical professional failed to meet the standard of care expected, and that failure caused or contributed to harm, it may be considered negligence under Australian law.
Questions to ask include:
Was the injury avoidable with proper care?
Were known risks ignored or not communicated?
Was appropriate action taken at the right time?
This service can help you understand how the law applies to your situation, without pressure or obligation.
Who Is This Information For?
This resource is for anyone who:
Is caring for a child with a birth-related injury or disability
Has questions about whether mistakes were made during delivery
Is considering whether to pursue legal advice but wants to understand the basics first
Needs guidance navigating the emotional and practical aftermath of a traumatic birth
About This Service
This information service was developed by Rosy Listing, a solicitor with over a decade of experience in medical negligence law. Rosy has worked extensively on complex birth trauma cases and has a deep understanding of how Australian law protects patients and families when care goes wrong.
She is also a lecturer in health law and a PhD researcher specialising in medical product failure and healthcare accountability.
This service is not a law firm advertisement—it is here to provide accessible, accurate, and practical information. If you decide to seek legal advice, we can guide you on how to do that safely and effectively.
What Can Compensation Help With?
If a claim is successful, compensation may assist with:
Medical treatment and therapies
Assistive technologies and equipment
Educational support
Home modifications
Loss of income (for both parent and child)
Future care needs
Understanding the possible scope of compensation can help families plan for the future—even if they’re not sure whether to make a 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.
