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Amy Nikolovski is the Managing

What do you think “Effie” would say if she could give you one piece of parenting advice?

Effie's take on parenting children is simple: “I will not negotiate with terrorists.”

Partner of

DBH

Lawyers, former President

of the SA Law Society and a leading lawyer across her field of expertise. Amy is a staunch advocate for women in business in all aspects of her professional life. Amy is also a proud mum to Niko and Amelia.

What are my options if my birth doesn’t go as planned?

Women often suffer injuries during childbirth, it is something few women talk about, but unfortunately it is more common than you might think.

Injuries that can arise from birth are:

 vaginal tears

 bladder injuries resulting in symptoms such as urinary incontinence

 bowel injuries resulting in issues such as faecal incontinence

 anaesthetic complications resulting in injuries, such as nerve and spinal cord injuries; and

 psychiatric injuries.

Sometimes birthing injuries happen naturally and are unavoidable.

Other times, they happen because a doctor, midwife or nurse acts in a manner which would not be widely accepted as competent professional practice (in other words, negligently).

Some common examples of negligence during childbirth include:

 failing to properly identify the position of the foetus

 failing to recognise and/or act on signs of foetal distress

 failing to identify that there has been and/or act on a failure of the foetus to progress

 failing to request and/or arrange obstetric review

 encouraging the woman to actively ‘push’ when the foetus is crowning

 delay in the diagnosis and/or treatment of injuries suffered during labour

 anaesthetic complications, such as multiple attempts to perform an epidural injection or error in the technique used to insert a needle; or

 failing to ensure the full removal of products of conception (e.g. the placenta).

This list is not exhaustive, and there are many other ways a doctor, nurse or midwife can act negligently, as every pregnancy, labour and birth is different.

It is worthwhile seeking advice from a solicitor about whether you have a claim if:

 you suffered an injury during the birth of your child

 you think there was something unusual or not quite right about the birth

 you are suffering ongoing symptoms as a result of the injury; and

 the injury is having an ongoing impact on your life.

It is not always easy to distinguish between injuries which occur naturally, and those which occur as a result of negligence.

A solicitor with experience in medical negligence and birthing injury claims will be able to assist you with this process.

We encourage you to seek advice as soon as possible — while the facts are fresh in your mind, the medical records are readily available, and the practitioner(s) who treated you are still working in the medical field.

As with almost all personal injury claims, you have three years from the date of the injury to issue proceedings in court.

Failure to issue proceedings in court on or before the time limitation date will result in your claim being barred by legislation and unable to be pursued unless the court grants you an extension of time, which only occurs in limited circumstances.

The

If you’d like to make a claim, contact DBH today for a free, no-obligation quote.

Free-call 1800 324 324 DBH Lawyers, 66 Wright St, Adelaide dbh.com.au | @dbhlaywers | @lawyermum_sa