What are birth defects?
Birth defects are structural changes present at birth that can affect almost any body part (or multiple body parts). They often vary from mild to severe and can affect how the body looks, works, or both.
They can be identified before birth, at birth, or any time after birth but are typically discovered within the first year of life. Some birth defects are easy to identify (such as a cleft lip), but others (like heart defects or hearing loss) need special medical tests, such as x-rays or hearing tests.
What birth defect compensation can I claim on my baby’s behalf?
When a birth defect or injury could have been prevented if the treating medical practitioner had provided reasonable skill, care and attention, you may be able to claim compensation to help with the additional costs of raising a child with a birth defect, as well as compensation on your child’s behalf.
You may be able to claim birth defect compensation to account for the financial impact on your family, such as:
- Equipment and therapeutic aids
- Medical treatment, therapy and medication
- Special needs education
- Home and vehicle modifications
- Additional costs when engaging in recreational activities and holidays
On behalf of your child, you may be able to claim:
- Pain and suffering
- Past and future loss of earnings and superannuation
- The cost of past and future care and assistance
- The cost of fund management (if your child won’t have the capacity to handle their financial affairs)
If your child has suffered a birth defect due to negligence, you should seek legal advice as soon as possible. Contact us online using our free online claim checker or call1800 455 725to talk to our specialist team of birth defect lawyers for an obligation-free initial consultation.
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FAQs
What’s the difference between medical negligence claims involving birth defects and brain injuries?
Birth defects affect the baby from the beginning and are generally present in the womb; unlike birth injuries, they’re not usually caused by external factors or mistakes made during labour or delivery. Common birth defects include:
- Diseases
- Genetic disorders
- Physical abnormalities
On the other hand, birth injuries are often caused by preventable factors, such as inattentiveness or inexperience, and usually happen during labour or delivery. Common birth injuries include:
- Spinal cord injuries
- Bruises or broken bones
- Perinatal asphyxia (a lack of blood flow and oxygen to the brain)
- Nerve or muscle injuries
- Cerebral palsy
What causes birth defects?
While not all causes are known, some environmental toxins and certain medications are known to cause birth defects.
Environmental toxins linked to birth defects include:
- Radiation
- Petroleum products
- Mercury, lead and other heavy metals
- Arsenic
- Paint
- Formaldehyde
- Certain cleaning solutions
- Insecticides
- Aspartame
Medications linked to birth defects include:
- Accutane and other retinoids
- Selective serotonin reuptake inhibitors (SSRIs) and other drugs used to treat depression
- Phenylephrine and certain cold medicines or nasal decongestants
- Opioids
In some circumstances, you may be entitled to claim compensation if your child developed a birth defect due to negligence. Contact our experienced team at LHD Lawyers to discuss your claim with a specialist birth defect lawyer.
When can I make a birth defect claim?
If your child suffered a birth defect or injury due to medical negligence, you should seek legal representation as soon as possible. Birth defect compensation claims have a three-year time limit from the ‘date of knowledge’ (when you learned that a mistake by your doctor caused the birth defect).
Generally, the sooner you contact an experienced birth defect lawyer, the sooner you’ll receive compensation to ease your pain and suffering. If you’re seeking birth defect compensation, contact us today. Our specialist team of birth defect lawyers will be able to tell you if time limits apply and if additional information is needed to help build your case.
How to make a birth defect claim?
Our specialist birth defect lawyers have a long history of helping everyday Australians receive the compensation they deserve. Steps that our team often take to ensure your case is successful include:
- We assess your claim to determine if it’s valid
- We examine your medical records to determine if they support your allegation of negligence
- One or more qualified medical professionals will be consulted, and written reports to back up your allegation will be obtained
- Once we’ve established the likelihood of success, we’ll advise you on your options and next steps
- If you decide to proceed, we’ll prepare your claim by compiling all relevant evidence (including medical records and reports, witness statements, and forensic accounts) on a No Win No Fee basis.
If you believe your child has received a birth defect or injury due to medical negligence, you should seek legal advice as soon as possible. Contact us online using our free online claim checker or call 1800 455 725 to begin your claim for birth defect compensation.
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