What is birth trauma?
Currently 1 in 3 women report the birth of their baby as traumatic, which demonstrates that birth trauma is an extremely common experience for women. The Australasian birth trauma association defines birth trauma or birth related trauma as a “wound, serious injury or damage – it can be physical or psychological or a combination of both”. It is important to note that all involved in the birth can be affected by birth trauma – the baby, mother and father, or partner.
Unfortunately, emotional trauma may occur because of the difference in expectations and reality of labour and birth. For example, psychological trauma can result from childbirth not going to plan, having a difficult labour, experiencing complications, needing intervention/assisted delivery or your baby needing medical attention after the birth.
Common forms of birth trauma
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Maternal birth trauma (Mum) |
Neonatal Birth trauma (baby) |
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Psychological trauma Perineal tears (third and fourth degree tears) Pelvic organ prolapse Retained products of conception Excessive bleeding Infection Maternal death |
Fetal distress Perinatal asphyxia (lack of blood flow/gas exchange to the fetus) Shoulder dystocia Bruises and swelling Fractures Nerve damage Brain injury Still birth Neonatal death |
Can I claim compensation for a traumatic birth
Birth trauma can also occur in circumstances where there has been negligence by treating medical and health practitioners. If you believe this to be the case, it is worth getting legal advice to discuss whether you may have a claim.
If it can be proven that there was negligence in the care given, then you may be able to claim compensation for the injuries you suffered as a result of your traumatic birth, including psychiatric injury. Compensation may be payable for things like economic loss (time off work or loss of earning capacity), pain and suffering, out of pocket expenses and care and assistance (including from family/friends).
Legal cases involving birth trauma often focus on the management during the antenatal period, the birth and/or the postpartum period.
We have seen legal cases that arise out of:
- Management of high-risk pregnancies and decisions as to the appropriate model of care.
- Shared care and communication mix-ups.
- Management of pregnancies at risk for shoulder dystocia.
- Decisions to induce and management of an induction including the use of syntocinon (induction drug) and overuse/hyperstimulation.
- Monitoring of the CTG and management of the woman during labour including failure to detect abnormalities on the CTG and intervene.
- Decisions relating to intervention including the use of forceps, ventouse (vacuum) and decisions to perform or not perform an episiotomy – there may be incorrect application of the forceps, ventouse or improper technique in the performance of an episiotomy.
- Performance of a caesarean section and technique in relation to a caesarean section including failure to intervene and perform a caesarean section in a timely manner.
- Improper post-partum care – including failure to prevent, diagnose and treat infections, post-partum haemorrhage and/or excessive bleeding.
- Management of caesarean wounds.
- Management and diagnosis of vaginal birth complications such as third and fourth degree tears.
- Discharging the mother and baby too soon.
The above are just some examples of cases that we have seen but every case is unique and we always take the time to understand the issues of each individual case.
We welcome your call should you require some obligation-free advice on your birth experience.
