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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
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            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • School Negligence
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            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
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            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

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          • Conrad Curry Can assist you with a variety of services

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
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            Hello, I’m Jade. I’m here to help you with a quick call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

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Psychiatric and psychological injuries associated with traumatic childbirth experiences

The Civil Liability Act (NSW) 2002 made it very clear in s27 that a personal injury includes an impairment to a person’s physical or mental condition.  Further s29 stated that a plaintiff is not prevented from recovering damages, just because, the personal injury arose wholly or in part from mental or nervous shock.

Claims for personal injury relating to psychiatric and psychological injuries can be separated into two broad categories, which the Civil Liability Act (NSW) 2002 defined as:

  • Consequential mental harm – that is mental harm which is a consequence of a personal injury of any other kind.
  • Pure mental harm – that is mental harm other than consequential mental harm.

Consequential Mental Harm

Claims for consequential mental harm in the birth context are usually where the mother suffers from a physical injury associated with child birth which then develops into a mental health condition. 

For example, a mother who sustained an anal sphincter tear during childbirth which then developed into faecal incontinence is likely to also suffer from psychological sequelae associated with the difficulties of living with such a condition.  If the mother was able to prove that the anal sphincter tear was caused by negligence, she would be able to claim for any injuries associated with that tear including any psychological injuries.

Another example is where a mother sustained significant damage to her pelvic floor through a traumatic vaginal birth which then developed into; urinary incontinence, an inability to have intercourse and chronic pain.  It is likely that such a mother, if she was able to prove that the pelvic floor damage was caused by negligence, would also include any psychological injuries associated with her physical injuries.

Pure Mental Harm or Nervous Shock

Claims for pure mental harm, that is where there is no physical injury, can be made by the person who directly experienced the harm, anyone who witnessed the harmful event or a particular group of family members who were affected after finding out about the harm.

In the birth context, this means that the mother herself could make a claim for her own psychiatric trauma which occurred as a result of negligence, as could any supporting friends or family who witnessed the traumatic event and any family members (within a defined group) who learned of the event later provided that they had suffered from a mental harm injury.

Where the mental harm arose in connection with another person, the person claiming must have witnessed another person being killed, injured or put in peril or be a close family member of the victim. 

For example, if a baby died during childbirth as a result of negligence, the baby’s parents, brothers and sisters would be able to make a claim for any pure mental harm injuries they had sustained.  The baby’s wider family would not be able to claim as they would fall outside the definition of a close family member of the victim in ss30(a) –(d) Civil Liability Act (NSW) 2002.

For such a claim to be successful the mental harm suffered must be a recognised psychiatric illness.  This means that family members cannot claim for their grief at the death, as grief is not a recognised psychiatric injury.  If the grief developed in an abnormal grief reaction, which is a recognised psychiatric illness, it would be possible to make a claim for the mental harm suffered.

In the case of Locke v Bova [2004] NSWSC 534 the husband of the victim witnessed his wife being put in peril and injured while she was giving birth to twins.  Dr Locke as a medical doctor had been obliged to intervene due to his wife’s grave situation.  The situation arose out of negligent treatment.  This meant that Dr Locke was able to make a claim for his own psychiatric condition which he had developed as a result of the negligent treatment.

If you have developed psychological sequelae in connection with your physical birth trauma or if you have experienced pure mental harm as a result of a childbirth related injury to yourself or a loved one, get in touch to discuss your legal options.

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