Childbirth is one of the most significant events in a woman’s life, often filled with anticipation and joy. However, for some women, this experience can be overshadowed by physical or psychological injuries, known as birth trauma. Birth trauma can have lasting effects on a woman’s health and well-being and has become a significant issue within the Australian healthcare system.
If you or someone you know suffers from birth-trauma-related injuries due to another person’s negligence, consult with one of our experienced team of medical negligence lawyers, such as multi-award-winning expert, Kate Henderson. An Accredited Specialist Personal Injury Lawyer, Kate attended the March 2024 AVMA 34th Annual Clinical Negligence Conference in Leeds, UK to speak with leading experts in Obstetrics & Gynaecology. Start your free claim check today!
What is Birth Trauma?
Birth trauma refers to the physical and psychological injuries sustained by a woman during childbirth. The concept of birth trauma encompasses a range of experiences, from physical injuries such as perineal tears and pelvic floor damage to psychological distress resulting from a traumatic birth experience.
In an April 2024 report, NSW’s Select Committee on Birth Trauma highlighted that birth trauma can also include experiences of “obstetric violence,” where women feel disrespected, dehumanised, or coerced during childbirth.
Physical Birth Trauma
Physical birth trauma involves injuries to the mother’s body during childbirth. These injuries can occur for several reasons, including:
- Instrumental delivery, injuries sustained as a result of using forceps or vacuum extraction
- Caesarean section complications including failed VBAC, haemorrhaging, or injury to surrounding organs
- Severe perineal tears between the vaginal opening and the anus
- Uterine Rupture
Psychological Birth Trauma
In contrast, psychological birth trauma is the emotional and mental distress that a mother may experience during or after childbirth. The Select Committee’s findings indicate that psychological trauma can arise from:
- Obstetric Violence: Instances where women feel violated or disrespected during childbirth, often due to a lack of informed consent, coercion, or a failure to respect the woman’s birthing preferences.
- Lack of Trauma-Informed Care: When past trauma or emotional needs are not adequately considered, the psychological impact of childbirth can be exacerbated.
- Inadequate Communication and Support: Feeling abandoned or ignored during childbirth, especially where continuity of care is lacking or providers are overworked and under-resourced.
Effects of Birth Trauma
Birth trauma can have profound and lasting effects on a woman’s physical and psychological well-being. The Select Committee’s report highlighted several key impacts of birth trauma:
Physical Effects
The physical effects of birth trauma can include:
- Chronic pain
- Incontinence
- Sexual dysfunction
- Scarring and disfigurement
- Complications in future pregnancies
Psychological Effects
The psychological effects of birth trauma can be just as debilitating as the physical effects, if not more so. These may include:
- Post-Traumatic Stress Disorder (PTSD)
- Postnatal depression
- Anxiety and panic attacks
- Difficulty bonding with the baby
- Relationship strain
Legal Protections for Women Experiencing Birth Trauma in Australia
In New South Wales, the Civil Liability Act 2002 provides rights to women who experience birth trauma due to negligence, ensuring they receive proper care and have recourse for injuries caused by medical negligence.
Medical Negligence and Duty of Care
Health care providers in New South Wales must provide reasonable and appropriate care to their patients. If they fail to do so and a woman is injured, she may have grounds for a medical negligence claim.
To succeed in a medical negligence claim, a woman must prove that:
- The health care provider owed her a duty of care;
- The health care provider breached their duty when they failed to meet the required standard of care;
- The breach of duty caused the injury or harm; and
- The woman has suffered damage as a result of the injury, such as medical expenses, loss of income, or pain and suffering.
Examples of medical negligence that could lead to birth trauma include:
- Failure to adequately monitor the mother and baby during labour.
- Delayed or inappropriate use of medical interventions, such as forceps, vacuum extraction, or caesarean section.
- Mismanagement of complications, such as uterine rupture, or shoulder dystocia (the baby’s shoulder gets stuck behind the mother’s pelvic bone)
- Ineffective pain management or lack of informed consent for medical procedures.
Informed Consent
Healthcare providers must obtain a patient’s informed consent before any medical procedure. This involves ensuring the patient understands the risks, benefits, and alternatives and agrees voluntarily. If a woman suffers birth trauma from a procedure performed without informed consent, she may have grounds for a legal claim.
Consumer Protection Laws
In addition to medical negligence claims, women who experience birth trauma may also seek recourse under consumer protection laws. These laws, such as the Australian Consumer Law (ACL), protect consumers from unsafe products and services, including medical services.
Under the ACL, healthcare providers must ensure that their services are delivered with due care and skill and are fit for the intended purpose. If a woman suffers birth trauma due to substandard medical care, she may be entitled to compensation under consumer protection laws.
Compensation for Birth Trauma
Women who experience birth trauma due to medical negligence may be eligible for compensation, to cover expenses such as:
- Medical expenses
- Loss of income (if a woman cannot return to work)
- Pain and suffering
- Loss of enjoyment of Life
- Past and future cost of care
- Past and future medical Costs
- Impact on relationships
- Loss of consortium or companionship
Statutory Limitations
In New South Wales, the time limit for personal injury claims is three (3) years from the date of the injury or the date the injury was discovered. It is crucial for women who have experienced birth trauma to seek legal advice as soon as possible to ensure their claim is filed within the applicable time limits. Contact us today for a free initial consultation.
Conclusion
Birth trauma is a significant and often under-recognised issue that can have long-lasting effects on women’s physical and psychological wellbeing. Fortunately, NSW law provides important protections for women who suffer birth trauma, offering pathways for compensation and accountability through medical negligence claims, consumer protection laws, and the enforcement of informed consent.
How BPC Lawyers Can Help
If you have suffered injuries from birth trauma as a result of someone else’s negligence, you’re not alone. Our experts in personal injury law are here to help you get the compensation you deserve. Contact us now and commence your claim.
Here’s what we can do:
- Initial Consultation: We will discuss with you the details of the birth trauma and its impact, assessing the viability of a compensation claim and guiding you on the next steps.
- Investigation: Our team will gather medical records, review the birth circumstances, and consult experts to determine if there was a breach of duty of care or negligence.
- Lodging a Claim: We will file a compensation claim on your behalf, detailing the allegations, injuries, and the compensation sought.
- Negotiation and Settlement: Our team will negotiate with the health care provider’s representatives to reach a fair settlement, aiming to avoid the need for a court trial.
- Litigation: If settlement cannot be reached, our experienced personal injury lawyers will file legal proceedings and represent you in Court, presenting evidence that supports your claim.
At BPC Lawyers, we understand the profound impact that birth trauma can have on your life. We will work closely with you, so you can focus on your recovery while we fight for the justice and compensation you deserve.
Call us: (02) 8280 6900