Birth Injuries and Medical Devices: What You Need to Know in Australia

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To assist with childbirth, doctors and midwives sometimes use medical instruments or devices.
When used correctly, these tools can help resolve difficult or prolonged labours and reduce risk for both mother and baby.
However, when equipment is used improperly — or by a practitioner without the right training or care — it can cause serious and lasting injury.

What Types of Medical Devices Can Cause Birth Injuries?

Several common instruments used during delivery can, if misused, lead to harm.

Forceps

Forceps are metal instruments used to guide a baby’s head through the birth canal when labour isn’t progressing or the baby is in an awkward position.
When applied properly, they can help achieve a safe birth. But incorrect use — applying too much force, twisting the baby’s head, or using the tool at the wrong stage — can cause:

• Facial lacerations or bruising

• Nerve damage leading to facial weakness

• Skull fractures or internal bleeding

• Shoulder or neck injuries

Vacuum Extraction (Ventouse)

A vacuum extractor uses gentle suction to assist delivery by guiding the baby’s head out of the birth canal.
When performed with care, it’s a safe and common method. But if the suction is too strong, the baby’s head is misaligned, or the device is applied for too long, complications can include:

• Scalp swelling or bleeding under the skull (cephalohaematoma or subgaleal haemorrhage)

• Skull fractures

• Brain injury or oxygen deprivation

Labour-Inducing Medications (e.g. Syntocinon)

Doctors sometimes use Syntocinon — a synthetic form of oxytocin — to induce or speed up labour.
While effective, it must be administered carefully and monitored continuously. Overstimulation of contractions can reduce blood flow to the baby, leading to fetal distress, oxygen deprivation, or uterine rupture in rare cases.
If Syntocinon is used without proper monitoring, it may constitute negligent care.

Fetal Monitoring Devices

Continuous electronic fetal monitoring is designed to track a baby’s heart rate and the mother’s contractions.
If the data is misread or ignored, early warning signs of distress may be missed — leading to oxygen deprivation and conditions like cerebral palsy or developmental delays.

Caesarean Section (C-Section) Complications

In some births, surgical intervention is necessary.
However, poor surgical technique or inadequate postoperative monitoring can lead to:

• Accidental cuts to the baby or internal organs

• Excessive bleeding or infection

• Nerve injury

• Anaesthetic complications

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Examples of Birth Injuries Linked to Medical Devices

• Brain injuries, including hypoxic-ischaemic encephalopathy (HIE)

• Cerebral palsy from oxygen deprivation

• Fractures (skull, collarbone, or limb)

• Facial nerve damage from forceps pressure

• Brachial plexus injuries, causing weakness or paralysis in an arm or shoulder

• Scarring or cosmetic injury

• Maternal injury, such as tearing, infection, or uterine damage

These outcomes can have lifelong physical, emotional, and financial consequences for families.

How Do I Know if a Medical Device Caused My Child’s Birth Injury?

It isn’t always obvious whether a birth injury resulted from the use — or misuse — of medical equipment. Determining this usually requires a detailed review of medical records and opinions from independent experts.

Here’s what you can do:

1. Obtain Medical Records
   Ask for copies of your maternity notes, CTG (fetal monitoring) records, hospital discharge summary, and neonatal records.

2. Speak with an Independent Medical Expert
   A specialist obstetrician or neonatologist can review your case and explain whether the standard of care fell below what was reasonably expected.

3. Seek Legal Advice
   Contact a lawyer experienced in medical negligence and birth injury claims. They can help you understand your rights, obtain expert evidence, and guide you through the claim process.

4. Document Everything
   Keep a diary of your child’s symptoms, medical appointments, and any expenses or support needs. This helps establish ongoing impacts and financial loss.

5. Access Support Services
   Organisations such as Cerebral Palsy Alliance, Brain Injury Australia, or Parents of Children with Birth Injuries offer invaluable information and emotional support.

Can I Bring a Claim in Australia?

Yes. Parents can bring a medical negligence claim if a hospital, doctor, or midwife failed to meet the reasonable standard of care and this failure caused injury to the mother or child.
Some cases may also involve a claim against the manufacturer of a faulty or defective medical device under product liability law.

To succeed, your legal team must prove that:

1. The healthcare provider owed a duty of care.

2. That duty was breached (the treatment fell below professional standards).

3. The breach directly caused the injury or loss.

Strict time limits apply under Australian law — usually three years from when the injury was discoverable — so it’s vital to obtain advice promptly.

What Compensation May Be Available?

Compensation (known as damages) may cover:

• Past and future medical expenses

• Ongoing therapy, rehabilitation, and care needs

• Pain and suffering

• Loss of income or earning capacity (for parents or the child later in life)

• Home or vehicle modifications

Every case is unique. An experienced lawyer can provide an early assessment of the likely value of your claim and how to proceed.

We’re Here to Help

Birth injuries are deeply distressing for families — but you don’t have to navigate the system alone.
At Peter Evans & Associates, I represent families across New South Wales and Australia in complex medical negligence and birth injury cases.

I offer free initial consultations and act in most matters on a no win, no fee basis.

📞 (02) 4926 4788  📧 rlisting@evanslaw.com.au