Obstetrics & Gynaecology Injuries

Injuries can result from medical treatment when a medical professional doesn't practice in a way that meets acceptable standards in Australia. Our Medical Negligence Lawyers Brisbane and QLD handle insurance claims for disability resulting from medical treatment and compensation claims for medical errors, ie Obstetrics & Gynaecology Injuries and Medical Malpractice.

There are several common hospital and medical practitioner errors that can occur during the pregnancy and delivery that can lead to bad outcomes for the mother or child, including:

  • Failure to monitor fetal well-being: During the later stages of pregnancy, it is important to monitor the fetal heart rate and movement patterns to ensure that the baby is healthy. Failure to do so can result in missed or delayed diagnosis of fetal distress or other complications.
  • Failure to diagnose or manage preeclampsia: Preeclampsia is a serious pregnancy complication that can develop in the later stages of pregnancy. If not properly diagnosed and managed, it can lead to severe complications for both the mother and baby, including preterm delivery, eclampsia, and maternal or fetal death.
  • Delayed or incorrect diagnosis of labor: Delayed or incorrect diagnosis of labor can result in prolonged labor, fetal distress, and other complications. Healthcare providers should be vigilant for signs of labor and should take appropriate action when labor is diagnosed.
  • Failure to manage complications during delivery: Complications such as fetal distress, cord prolapse, or shoulder dystocia can occur during delivery and require prompt and appropriate management. Failure to do so can result in serious injury or death for the mother or baby.
  • Improper use of oxytocin: Oxytocin is a medication that is commonly used to induce or augment labor. However, improper use of oxytocin can lead to hyperstimulation of the uterus, fetal distress, and other complications.
  • Improper use of forceps or vacuum extraction: Forceps or vacuum extraction may be used to assist with delivery, but improper use can result in injuries to the mother or baby, such as skull fractures, brain damage, or nerve damage.
  • Failure to diagnose or manage maternal infections: Maternal infections such as Group B strep or chorioamnionitis can lead to serious complications for the mother or baby if not properly diagnosed and managed.
  • Improper administration of anesthesia: Anesthesia is commonly used during cesarean delivery or other obstetric procedures. Improper administration or dosage can lead to complications such as respiratory distress, nerve damage, or cardiac arrest.
  • Failure to perform a timely cesarean delivery: In some cases, a cesarean delivery may be necessary to prevent harm to the mother or baby. Failure to perform a timely cesarean delivery can result in serious injury or death for the mother or baby.
  • Inadequate monitoring of the mother or baby during and after delivery: Proper monitoring of the mother and baby is crucial during and after delivery to detect and manage complications. Inadequate monitoring can result in missed or delayed diagnosis of complications, leading to injury or death for the mother or baby.

The consequences of these errors can be significant, including maternal or fetal death, birth injuries, and long-term disabilities for the mother or child. It is important for healthcare providers to follow best practices for obstetric care, including appropriate fetal monitoring, timely diagnosis and management of complications, and appropriate use of medications and interventions to ensure the best outcomes for both the mother and baby.

Do you have a claim?

Check to see if you are entitled to compensation. If you have a question, please get in touch with our Medical Negligence Lawyers

Common types of negligence claims

To succeed in an action for damages in medical matters, negligence must be established, and the patient must be harmed or injured through that negligence.

Amputation due to medical negligence.

Spinal injuries and cauda equina.

Anaesthesia errors.

Bowel and oesophageal perforation.

Accident & Emergency treatment claims.

Fracture & joint misdiagnosis claims.

X-ray and radiology negligence claims.

Medical misdiagnosis.

Birthing injuries.

Plastic and cosmetic surgery negligence.

Nerve injuries.

Cancer Misdiagnosis.

Surgical negligence claims.

Wound infection claims.

Do wound infections count as a medical treatment injury?

As Medical Negligence Lawyers, wound infection following treatment does not necessarily establish any medical malpractice. It must be shown – for compensation – that the infection was as a result of neglect.

Such as sewing up a dirty wound, treating the injury site with a contaminated instrument, or performing surgery without following proper hygiene procedures.

If it can be proven that the medical professional caused the infection through poor treatment standards, then there may be a compensation case for medical malpractice.

It is recommended to speak to a Medical Negligence Lawyers to discuss how to take the best course of action.

How do you establish the causation between the substandard treatment and the resulting symptoms?

It is essential to prove the extent to which the negligence has contributed to your overall condition. This is established on the basis of expert medical opinion.

Medical malpractice usually falls within one of the following classes:

  • Failure to diagnose at all or failure to diagnose in a timely manner
  • Failure to treat appropriately
  • Failure to provide or counsel appropriate follow-up
  • Failure to refer for specialist diagnosis/treatment
  • Failure to warn as to complications
  • Failure to perform treatment/surgery with the appropriate skill.

Expert evidence is needed to establish the difference between:

  • The original condition you sought treatment for
  • and the condition you were in after that treatment.

Speak to our Medical Negligence Lawyers to see what available options you are entitled to.

What sort of damages are payable in medical malpractice compensation?

It all depends on the proportion of liability attributable to the at-fault medical professional, the extent of your resulting injury and the quality of your evidence.

The amount of compensation to which you are entitled is also based on a comparison of how your life was before and after the accident.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to higher compensation than someone whose injury has had a minor impact on their lives.

The amount of compensation also is determined by:

  • General damages (loss of enjoyment in life due to suffering);
  • Out of pocket expenses (medical bills, rehabilitation costs);
  • Any loss of income and superannuation contributions;
  • Potential medical or personal care costs that is likely to occur due to the injury; and
  • The interest from the loss of earnings.

If you are not sure if your compensation claim is worthwhile, contact our Medical Negligence Lawyers and we will help assess your needs and eligibility for our no-win no-fee service.

What are the fees for insurance and compensation claim for Medical Negligence?

It is essential to always speak to Medical Negligence Lawyers about your situation. Your financial position should not prevent you from seeking legal advice in regards to your injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win no fee’ arrangements in many cases.

With a ‘No Win, No Fee’ agreement, your lawyer takes on the financial burden of pursuing your case, you can focus on your recovery and in the meantime on how best to care for your family.

Don’t delay in getting in touch with our Medical Negligence Lawyers regarding workplace injury. Carter Capner Law is here to help you with your claims.

For free, no-obligation chat call our no win no fee lawyers today. We have offices across Brisbane and service all of Queensland.

What evidence do I need to keep and collect?

To assist Medical Negligence Lawyers with the investigation, it is important to try to do the following:

  • Make notes of your recollection of all events relevant to the accident
  • Record names and addresses of witnesses
  • Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
  • Take photos and video of any product, equipment or object that injured you
  • Take photos of your injuries
  • Keep any defective product which caused an injury
  • Keep details of your absences from work caused by the injury
  • Make a list of visits to doctors, physiotherapists, chiropractors etc for treatment and follow-up visits
  • Keep all invoices and receipts for medical, chemist etc expenses
  • Record details of assistance provided by friends and family members
  • Collect contractual records.
  • Collect documents showing your loss of earnings and earning capacity including wage slips, group certificates, income tax returns (for 6 years prior to the accident and each year after), references and resumes

Is my claim worthwhile?

Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.

There are some claims that are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.

If you are not sure if your compensation claim is worthwhile, please contact us, and our Medical Negligence Lawyers will help assess your needs and eligibility for our no-win no-fee service.

Carter Capner Law offers specially tailored services in connection with severe brain injury and spinal injury accidents for children and adults to help formulate comprehensive loss statements that include individualised damages components that make up multi-million dollar claims.

If you are not sure if your compensation claim is worthwhile, contact our Medical Negligence Lawyers and we will help assess your needs and eligibility for our no-win no-fee service.

Are children eligible to claim for Medical negligence and malpractice?

For children, a Notice of Claim Part 1 (NOC-1) must be delivered to the at-fault party before the earlier of:

  1. Six (6) years after the day a parent knew or ought reasonably have know that the injury had occurred; or
  2. Eighteen (18) months after the day a parent consults a lawyer about the possibility of making a claim.

If the Notice is not given as required, then the claim is not automatically barred, but the at-fault party may seek a Court Order preventing the claim proceeding further.

If the Court allows the claimant to proceed, you may still be prevented from recovering expenses incurred before giving the Notice including:

  • Medical and other expenses
  • Legal costs
  • Any entitlement in respect of gratuitous domestic service you have provided.

To complicate matters further, if you receive at any stage from another party a written “Notice of Adverse Event Arising out of Treatment” then the requirement for you to give the NOC-1 within the time limits referred to above is more important.

Rather than the at-fault party being able to obtain a Court order to stop the claim, the onus shifts to you to prove why you should be entitled to proceed with the claim. Even if the Court permits you, the above consequence relating to recoverable expenses will apply.

The eighteen (18) month time period is therefore absolutely critical.

Do you need professional advice on your circumstances? Please speak with one of our experienced Brisbane-based Medical Negligence Lawyers today.

What happens if the NOC-1 is submitted outside of the applicable time limit?

If you fail to lodge the NOC-1 within 12 months of the at-fault party supplying the documents, you must have a reasonable excuse for the delay. Speak to us today to see if we can help.

Are there any other time limits for making a Medical Negligence claim?


An “Initial Notice” must be sent to the at-fault party (the negligent doctor or hospital) within:

  • One (1) month after the day the claimant first consults a law practice for the personal injury and the at-fault party is identified


  • Nine (9) months from the date of injury (or first appearance of symptoms).

The time limit is determined by whichever date occurs first.

The at-fault party then has one (1) month to provide all relevant records and documents about your medical treatment.
From the date they provide the documents you have a further twelve (12) months to complete and deliver to the at-fault party:

  1. The detailed Personal Injuries Proceedings Act Notice of Claim (NOC) Part 1
  2. A medical report supporting the claim

The insurer then has six (6) months in which to investigate your claim and to determine whether they will admit or deny liability.

Court proceedings must be commenced within 3 years of the medical event. Don’t delay your right to claim for compensation, speak to one of our Medical Negligence Lawyers today.

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