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Birth injury law in Salisbury, Australia, falls under medical malpractice. It is focused on incidents where a child sustains an injury before, during, or shortly after childbirth resulting from a medical professional’s negligence or failure to provide appropriate care. These laws allow parents to seek compensation for their child's medical expenses, ongoing care, and other associated costs.
If your child has suffered a birth injury, a lawyer can assist you in many ways. Companies and healthcare providers might not readily admit liability. A lawyer can help gather evidence, determine the value of your claim, negotiate a settlement, and present a strong case in court if necessary. Additionally, a lawyer can guide you through complex legal procedures, making the entire process less stressful for you and your family.
In Salisbury, as with the rest of Australia, a claim for medical negligence, including birth injuries, must be filed within three years from the date when the injured party became aware of the harm, or within 12 years from the date of the alleged negligent act, whichever is earlier. Parents can typically bring a case on behalf of their child until their child turns 18. Damages can be awarded for physical and psychological harm, current and future medical expenses, loss of earnings, and home modification requirements, among other losses.
1. What constitutes a birth injury? A birth injury relates to any form of harm to a baby before, during, or simply after childbirth. Common injuries can include cerebral palsy, fractures, brain injuries due to oxygen deprivation, and brachial plexus injuries. 2. Who can be held liable for a birth injury? Any healthcare professional involved in the childbirth process can potentially be held liable. This can include obstetricians, nurses, midwives, anaesthetists, or even the hospital facility itself. 3. How do I know if my child’s birth injury was caused by medical negligence? It can be hard to determine if a birth injury was due to negligence. Typically, if the medical practitioner did not provide the standard of care expected in their profession which directly resulted in harm, it could be considered negligence. An experienced lawyer can help evaluate your case. 4. What damages can be claimed for a birth injury? Damages can cover a wide range of cost, from medical expenses to costs for ongoing care, loss of earnings, pain, and suffering, and other out-of-pocket expenses relating to the injury. 5. Can I still claim if the injury was not discovered right away? Yes. Typically, the time limit for filing a claim starts from when you first became aware of the injury or should reasonably have become aware of it.
The Australian Health Practitioner Regulation Agency and the Health Complaints Commissioner can be relevant resources for those dealing with birth injuries. Additionally, the Australian Legal Services Commission and community legal centres provide a variety of resources and support for those needing legal advice.
If you believe your child has suffered a birth injury due to medical negligence, it is advisable to consult with a specialised lawyer as soon as possible. Collect any relevant medical records, photographs, or other potential evidence about your case. Aim to act promptly to meet legal deadlines and maintain your child's right to seek compensation.
