What Is Medical Negligence?

Medical Negligence (medical malpractice) occurs when a health professional or institution operates outside of standard, competent medical procedure which then results in an injury. The negligence can occur during diagnosis, operation/treatment, and post operation/treatment as well.

How Do I Prove Medical Negligence?

To make a claim for medical negligence you need to prove a duty of care was owed to you and a breach of duty took place,

What Can I Claim Medical Negligence Compensation For?

You can receive compensation for: Payment of past and future medical expenses; Reasonable and necessary attendant care, domestic assistance and home modifications; Past and future loss of income; Pain and suffering – which incudes actual pain and loss of enjoyment of life.

Who Can You Make A Medical Negligence Claim Against?

GPs, dentists, hospitals, specialists, chiropractors, physiotherapists, massage therapists and many more.

How Long Does A Medical Negligence Claim Take?

Depending on the severity of the injury and complexity of the case, it is not uncommon for medical negligence cases to take 2 or 3 years to resolve. It is not always possible to tell how long one specific case may take, it depends on a number of factors which can be out of the control of your lawyer.

How Much Compensation Will I Get For Medical Negligence?

It is impossible to pre-determine how much compensation you will receive as a result of your injuries. Usually, the more severe your injuries are or the larger the impact they have had on your life, the more compensation you are entitled to. The payout can be between tens of thousands of dollars to millions of dollars.

Are There Time Limits When It Comes To Making A Medical Negligence Claim?

In NSW, you must lodge your claim within 3 years of the date of discoverability. That is the date you knew or ought to have known you had a right to make a claim for compensation for your injury. To be certain you are within the required time limit its best to start the claim within 3 years from the act of negligence.

Why Choose Garling & Co For Your Medical Negligence Claim?

Medical negligence claims are a highly complex area of compensation law. Thankfully, our team of medical negligence lawyers have over 20 years of experience and can take you through the entire process. We’ll help you to establish whether you have a claim or not and talk you through all the specifics before any legal action is taken.

Birth Injuries to Mother Claims | Garling & Co Lawyers

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We provide confidential, free case assessments.

Industry Experts

We’re industry experts with over 20 years of experience.

No Win No Fee

You won’t be required to pay any fees until we win your case.

5-Star Client Rating

You’ll receive outstanding service. We maintain a 5-star client rating.

Free Case Assessments

We provide confidential, free case assessments.

Industry Experts

We’re industry experts with over 20 years of experience.

No Win No Fee

You won’t be required to pay any fees until we win your case.

Injuries to mother compensation claims

Expectant mothers and their unborn children deserve adequate care during all stages of pregnancy, labour, and delivery. If there is a failure to provide reasonable and adequate care to women at any stage of pregnancy, labour and delivery, the outcome could be tragic and even catastrophic for both mother and child. Women can sustain serious and possibly permanent obstetric and gynaecological complications that could be life-changing for those women.

Many women enjoy uneventful pregnancies, but some develop abnormalities during pregnancy and experience complications during labour and delivery. If abnormalities that develop during the antenatal period are not diagnosed, they could result in complications during the pregnancy. Those abnormalities could also cause serious complications during labour and delivery. There are times when abnormalities or complications are appropriately diagnosed during pregnancy. Still, there is a failure to appreciate their significance and anticipate their potential to cause serious complications during labour and delivery. Sadly, although some of those complications that can develop during labour and delivery are preventable if they are anticipated and addressed, sometimes this does not occur due to a failure on the part of the antenatal team. Those complications could be serious and could give rise to a medical emergency during labour and delivery, and they could be life-threatening to mother and child.

Some common abnormalities or complications that could develop during the antenatal period include gestational diabetes, pre-eclampsia, placental insufficiency, placenta praevia, infection and macrosomia (a larger-than-average baby). If complications during labour and delivery are anticipated based on observations during the antenatal period, many obstetricians now offer the mother a Caesarean section delivery. If the indications for complications are not appreciated during the pregnancy, the mother is not offered a Caesarean section, and she progresses to natural labour and delivery. Delivery of the baby during labour may become a medical emergency due to, for example, the baby’s shoulders being lodged in the birth canal following the delivery of the baby’s head. A Caesarean section cannot be performed at that stage. Doctors race against time to deliver the baby before the baby’s health and well-being are compromised. In these circumstances, the health and well-being of both mother and child could be at risk. Women can suffer serious injuries to the perineum, birth canal and pelvis, requiring long-term medical and surgical treatment. Some women become incontinent of bladder and sometimes bowel due to damage sustained during delivery. Some women could lose a significant volume of blood due to these complications, threatening their survival.

The Claims Process:

Obligation free meeting with Accredited Specialist in Personal Injury Law
Understand what you are entitled to, the process and timeframe
Proceed on a No Win No Fee basis
Your case is built using the best experts to achieve the optimum result
Your will be kept updated throughout the process
We will secure the financial result in the shortest possible timeframe

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

Call now to start your claim 02 8329 9500

No Win No Fee

You won’t be required to pay any fees until we win your case.

Industry Experts

We’re industry experts with over 20 years of experience.

Maximum Compensation

Our team of expert injury lawyers will help you get maximum compensation.

Alina S.

03:51 26 Mar 26

I can’t thank Mr Garling and his team enough for the incredible support they provided throughout my case. From the very beginning, they showed genuine compassion, professionalism, and a strong... commitment to achieving the best possible outcome for me - and the result they achieved in the end was far beyond my expectations!What stood out most was their clear and prompt communication, customer-focused approach and kindness. At every stage, they made sure I understood what was happening and what to expect. This made a very difficult and emotionally challenging process a lot more manageable. Whenever I had questions or felt anxious they were responsive, patient, and reassuring.Thanks to Mr Garling, I felt empowered and confident navigating the complex, opaque and overwhelming workers compensation system. His dedication and expertise, along with the hard work of his entire team, helped me achieve an outstanding outcome.I cannot recommend Garling & Co highly enough, to anyone in need of personal injury legal assistance, and especially those dealing with a workplace injury / workcover. You’ll be in very capable and caring hands!read more

sidney C.

02:14 05 Mar 26

From the Moment we seek out a lawyer all we expect from them is Honest,Efficient,Competentce,and Dedication.I Found All of That in These Lawers.

YKHADZ

00:11 25 Feb 26

I can’t thank Garling & Co lawyers enough!they turned what felt like an impossible situation into a life changing result.After my back injury forced me to stop working, I was terrified about how... I’d support my family.Kerry, Myriel and the team kept me updated every step without me having to chase. If you’re considering a TPD claim and feel like the insurer is making it deliberately hard, do yourself a favour and call these guys first. They know exactly what evidence matters and they fight hard without ever making you feel like just another file.Highly recommend worth every single star!!!Thanks again Kerry, Myriel & the team absolute legends 🙏read more

Howard P.

00:54 23 Feb 26

So thrilled with Garling & Co. Particularly Kerry Byrnes. Right from the first time I called for some advice to our favourable outcome she has had a listening ear, empathy and on the money with all... of her advice. I would gladly recommend their services.read more

Fiona C.

05:55 19 Feb 26

I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to... return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference.Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.read more

E.B

01:02 04 Feb 26

We initially contacted Matthew after my husband’s injury, he was so helpful and gave us all the information about my husband’s workers comp situation, he took the time and explained where my husband... was at with his claim and what we needed to do moving forward. This was even before we became a client which was refreshing and honest… Navigating a workers compensation claim is hard and really confusing, the team at Garling and co are so helpful and professional they really make the process easy and smooth!! We knew we could always call or email and ask questions about anything at any time. My husband doesn’t speak English fluently and Allison and Matthew catered to that in any ways possible.My husband was happy with the outcome of his claim, and he felt like he ended up with best possible outcome thanks to Matthew and the team.Thankyou Garling and Coread more

Alyssa F

08:02 31 Dec 25

Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze.... When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.read more

David Y

21:33 15 Dec 25

A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire... team. Outstanding results - highly recommended.read more

Richard R.

07:58 02 Dec 25

I needed urgent, clear advice regarding a Workers Compensation claim and "cold-called" Garling & Co.I was put through to Kerry Byrnes, and from that moment, my stress began to lift.I explained my... scenario which was causing me huge anxiety and Kerry listened intently. She provided simple, clear, and authoritative advice on my legal standing, the correct next steps, and what to realistically expect.Crucially, she reassured me that everything I had done to that point was correct.This initial consultation, which I later learned was provided at no cost, gave me perfect guidance and an immense sense of relief.There is truly no price you can put on that level of reassurance and peace of mind from an expert and Kerry delivered both instantly.Should my claim proceed and I need further legal insight, I will choose Kerry and the team at Garling & Co without hesitation.Their focus is clearly on the client and getting the right outcome.I recommend Kerry and the firm 100%.Thank you, Kerry!read more

Graeme M.

04:22 29 Oct 25

Matthew Garling and his team have been excellent in dealing with my case. I am very happy with the result and the process to guide me through everything over the last two years. Most importantly... happy with the payout. Highly recommend if you’re thinking of claiming for an injury caused by another party.read more

Frequently Asked Questions

1. What are the common types of birth injuries that can occur to the mother?

A woman could sustain many forms of injury during a complicated labour and delivery. Some common injuries are as follows:

Tears to the perineum
Deep lacerations to the birth canal
Injury to the pelvic floor
Incontinence of bladder
Incontinence of bowel
Requirement for prolonged medical or surgical treatment
Significant blood loss
Fistula formation
Death

2. What are the causes of birth injuries to the mother?

There are several causes of injuries that a women could sustain while giving birth. Not all injuries are caused by negligence as some birth injuries cannot be anticipated. However, a complicated or prolonged labour increases the risk of injury to the mother (and child). Some of the common causes of injury to the mother include the use of forceps or other instruments to facilitate delivery of the baby, a failure to perform an episiotomy or a failure to terminate labour and perform a Caesarean section.

3. How do I know if I have a valid birth injury claim as a mother?

If you have suffered an injury while giving birth to your child and the injury has persisted and you suspect that the injury was avoidable, it is wise to seek legal advice from an experienced specialist birth injury solicitor. Your solicitor will investigate the level of care that was provided to you during your pregnancy, labour and delivery, and will provide you with advice on the viability of your claim.

4. What damages can be claimed in a birth injury to the mother case?

If you succeed in proving that there was a failure to manage your labour and delivery with reasonable care and that your birth injury was caused by this failure, you will be entitled to compensation. Compensation may include pain and suffering, past and future treatment expenses, lost earnings and personal care and assistance.

5. What is the timeframe for filing a birth injury claim as a mother?

Ordinarily, you must commence formal legal proceedings within three years of the time at which the alleged negligence occurred. This is subject to the time that you discovered, or ought to have discovered, that you have sustained an injury, the injury is the fault of a heathcare provider, and the injury is worth suing over.

6. How is the compensation amount determined in a birth injury to the mother claim?

The value of a claim for compensation for birth injury will depend on the nature, extent and severity of your injuries, their impact on your life, and your prognosis. Compensation is determined by calculating your losses including treatment expenses and lost income and the cost of your ongoing requirements for treatment, personal care, and domestic assistance.

7. What steps are involved in pursuing a birth injury claim as a mother?

If you suspect that your birth injury was caused by negligence and wish to pursue a claim for compensation, the first step is to contact an experienced solicitor. Our experienced specialist birth injury solicitors will explain your rights to you during a free no-obligation consultation. We will investigate a potential claim for compensation by first obtaining your statement and a copy of your relevant medical records. Ultimately, expert opinion will be required in support of the allegations of negligence and the cause of your injuries.

8. Do I need a birth injury lawyer to file a compensation claim as a mother?

Yes, it is imperative to retain an experienced birth injury lawyer. An experienced birth trauma lawyer would be able to identify the shortcomings in the provision of care to you and conduct a thorough investigation into the circumstances giving rise to your birth injury.

More Faqs

Alina S.

03:51 26 Mar 26

sidney C.

02:14 05 Mar 26

From the Moment we seek out a lawyer all we expect from them is Honest,Efficient,Competentce,and Dedication.I Found All of That in These Lawers.

YKHADZ

00:11 25 Feb 26

Howard P.

00:54 23 Feb 26

Fiona C.

05:55 19 Feb 26

E.B

01:02 04 Feb 26

Alyssa F

08:02 31 Dec 25

David Y

21:33 15 Dec 25

Richard R.

07:58 02 Dec 25

Graeme M.

04:22 29 Oct 25

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