Maternal Birth Injury

A maternal birth injury is a physical injury or mental harm suffered by a woman during pregnancy, labour, or delivery. It may occur as a direct result of a procedure that went wrong, a risk that was not identified or managed, a decision that was made too late — or a decision that was never made at all.

Not every birth injury is the result of negligence. Complications happen. Births are unpredictable. But when an injury occurs because a doctor, midwife, or hospital fell below the standard of care that a reasonable medical professional would have provided — when what happened to you could and should have been prevented — you may have a legal right to seek compensation.

The difference between an unavoidable complication and a preventable one is at the heart of every birth injury claim. It is also one of the most complex questions in medical law. That is why the expertise of your legal team matters so much.

At Birth Injury Lawyers, we represent mothers who have experienced a wide range of birth-related injuries. Below are some of the most common — but every woman’s experience is different, and a claim does not require a textbook injury.

Severe Perineal Tears and Pelvic Floor Injury

Perineal tears — injuries to the tissue between the vagina and the anus — are among the most common physical injuries suffered during vaginal birth. Many are minor and heal without lasting consequence. But tears, which involve damage to the anal sphincter, can result in lifelong difficulties: faecal and urinary incontinence, pain during sex, pelvic organ prolapse, nerve damage, and significant psychological harm.

These injuries are not always inevitable. Where forceps or vacuum instruments were used without adequate care, where the signs of risk were present but not acted upon, or where a timely episiotomy or caesarean section could have prevented serious tearing, there may be grounds for a claim. The injury is also sometimes missed or misdiagnosed at delivery — and the failure to identify and properly repair a tear at the time it occurs is itself a recognised form of negligence.

Failure to Properly Manage a High-Risk Pregnancy

Some women enter labour with medical histories or pregnancy complications that require heightened care. A history of previous surgery, pre-eclampsia, gestational diabetes, a multiple pregnancy, or any number of other factors can elevate risk. When those risks are known — or should have been known — and are not adequately managed, the consequences for mother and baby can be serious.

If you were not properly monitored, if warning signs were dismissed, or if your care team failed to respond to complications that a competent clinician would have recognised, you may have experienced a breach in the standard of care that entitles you to seek compensation.

Delayed Emergency Caesarean Section

When labour becomes dangerous — when the baby is in distress, when the mother is haemorrhaging, when an obstruction is preventing safe delivery — the decision to perform an emergency caesarean section is a critical one. Every minute matters.

Delays in making that decision, or delays in acting on it once made, can cause severe maternal harm: catastrophic blood loss, uterine rupture, organ damage, and serious psychological trauma. If the decision to perform an emergency caesarean was made too late, or if you were not properly informed about the risks of continuing labour, you may have a claim.

Unnecessary or Improperly Performed Episiotomy

An episiotomy is a surgical incision made to the perineum during delivery. It is sometimes necessary. It is not always performed when it should be — and it is sometimes performed when it should not be.

When an episiotomy is carried out without clinical justification, or without your informed consent, that is a potential ground for a claim. Similarly, an episiotomy that is performed incorrectly, or that is not properly repaired after delivery, can cause significant and lasting harm.

Mismanagement of Postpartum Haemorrhage

Postpartum haemorrhage — excessive bleeding following delivery — is one of the leading causes of serious maternal harm in Australia and worldwide. It is also a medical emergency that, when recognised and managed promptly, is survivable and treatable in the vast majority of cases.

When a haemorrhage is not identified quickly enough, when appropriate medications and interventions are not administered, or when the escalation of care is delayed, the consequences can be devastating — including hysterectomy, multi-organ failure, and death. Where the management of a postpartum haemorrhage fell short of accepted standards, there may be a compensable claim.

Failure to Obtain Informed Consent

Before any medical procedure, your treating team has a legal and ethical obligation to explain the risks, benefits, and alternatives — and to obtain your genuine, informed consent. This is not a formality. It is a right.

If you were not told about a significant risk that subsequently materialised, if you were not offered a genuine choice about the mode of your delivery, or if a procedure was performed without your consent, these are serious matters that a court may consider negligent. Lack of informed consent is increasingly recognised in Australian law as an independent ground for a birth injury claim.

The 2024 NSW Parliamentary Inquiry into Birth Trauma heard from more than 4,000 women and healthcare professionals. Its findings were stark: 28% of women in Australia experience birth trauma, and many of those experiences resulted from preventable failures in care.

With approximately 292,000 births in Australia each year, the scale of this issue is enormous. And yet the Inquiry also found that most women who have experienced birth trauma do not know they have legal rights. Many have been told that what happened to them was “just one of those things.” Many have accepted that explanation, not because it was true, but because no one told them otherwise.

If you are one of those women, we want you to know: the fact that you were not told about your legal rights does not mean you do not have them.

If a claim succeeds — if it can be shown that your injury was caused by a failure in the standard of care — you may be entitled to compensation for:

Pain and suffering — the physical and emotional impact of your injury, past and future.

Medical expenses — the cost of treatment, surgery, rehabilitation, physiotherapy, and ongoing care.

Loss of income — if your injury has affected your capacity to work, whether in the short term or permanently.

Care and assistance — if you require help with domestic tasks, childcare, or daily activities as a result of your injury.

These are not abstract categories. They are real losses that have changed your life. A successful claim does not undo what happened to you — but it can provide the financial support to help you move forward.

Birth Injury Lawyers is led by Anthony Porthouse — an Accredited Specialist in Personal Injury Law with more than 36 years of experience, listed in Doyle’s Guide as a leading medical negligence solicitor in NSW. He has litigated birth injury claims in every Australian jurisdiction and has built close professional relationships with the country’s foremost medical experts in obstetrics, gynaecology, and women’s health.

But credentials alone do not define us. What defines us is the way we work.

We specialise. Birth injury is not one of many practice areas here — it is the only one. That focus means we understand the medical evidence, the expert witnesses, and the litigation landscape better than any generalist firm.

We are honest about costs. We operate on a no win, no fee basis, with lump sum cost agreements for each stage of your claim — clearly explained, no surprises. You will know exactly what you are agreeing to before you begin.

We keep it personal. Your file is managed by our team. You will not be passed between paralegals. You will not receive form letters. You will speak with people who know your case.

We reduce reliance on barristers. By keeping more of the work in-house, we reduce delays and legal costs — which means more of any settlement stays in your hands.

We understand that the idea of pursuing a legal claim can feel overwhelming — especially when you are also managing the physical and emotional aftermath of birth trauma.

Here is what you can expect when you contact us:

You will have an initial consultation with Anthony — at no charge — where you can describe what happened to you in confidence. There is no commitment, no obligation, and no pressure. We will listen, ask questions, and give you an honest initial view.

If we believe you may have a viable claim, we will explain the process clearly: what evidence is needed, what the likely timeline looks like, and exactly what any costs agreement would involve. You remain in control at every stage.

Medical negligence claims are not quick. They require careful preparation, the right expert evidence, and time to properly assess your injuries and their long-term impact. But the great majority of claims — more than 90% — resolve at or before mediation, without the need for a full court hearing.