Birth Trauma & Your Legal Rights
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.
We’re here to help you understand what happened—and what you can do about it.
What Is Birth Trauma?
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
Could My Experience Be a Legal Issue?
If something went wrong during your care—and it caused you harm—you may have a legal right to seek 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
We’re not a law firm.
We’re a legal information platform created to give you clarity, confidence, and a starting point.
Understand Your Legal Options
Some women choose to take legal action to recover costs for:
Ongoing medical treatment
Psychological support
Lost income or career changes
Long-term disability or chronic pain
Fertility impacts
Others simply want to understand what went wrong.
We help you:
Learn about your rights
Understand how legal claims work
Know your options before you speak to a lawyer
Types of Birth Trauma We Cover
Physical Injuries
Pelvic floor damage
Nerve injury (e.g. pudendal neuralgia)
Postpartum haemorrhage
C-section complications
Incontinence or prolapse
Psychological Harm
Postnatal PTSD or anxiety
Feeling unsafe or coerced during labour
Long-term emotional distress
Difficulty bonding with your baby
Even if you’re unsure whether your experience “counts,” we encourage you to explore your options.
What Other Women Are Asking
“I didn’t consent to the procedure—do I have a claim?”
“Can psychological harm be part of a legal case?”
“How do I request my hospital records?”
“Is it too late to do something?”
We answer these questions and more. Reach out to ask any questions.
Real Support for Real Experiences
You don’t need to figure this out alone.
Our resources are designed to help you:
Understand the law without the jargon
Feel confident when speaking to professionals
Reclaim a sense of power after a traumatic experience
When you're ready, we can connect you with trauma-informed legal professionals who understand what you’ve been through.
You Deserve to Be Heard
If your birth felt traumatic to you—it was.
If you believe something went wrong—you deserve answers.
If you want to understand your rights—we’re here for you.
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.
