Birth injury claims generally need clinical records, a reliable timeline, independent expert opinions on standard of care and causation, and evidence of the injury's impact and expenses. Each category addresses a different legal element, so gaps in one cannot be filled by another.
Clinical records
The complete clinical file is the foundation of a claim. It typically includes antenatal, labour, birth, postnatal and newborn records from every provider involved. Families are entitled to request access to their health information, with different processes for public and private providers.
Records are evidence of what clinicians observed and decided, but they may be incomplete. Later guides explain particular record types and how to request them.
Timeline
A detailed chronology links the records together. It shows when observations were made, when concerns arose and when actions were taken. Families' own written accounts, made as early as possible, can fill gaps the notes leave. Messages, photos and phone records with timestamps may help confirm the sequence.
Expert opinions
Independent experts address breach and causation separately. An obstetric or midwifery expert may comment on whether care met the standard applicable at the time. Neonatal, neurological or other experts may address whether a different approach would probably have avoided or lessened the injury. For conditions such as cerebral palsy, which can have multiple causes, causation evidence is often detailed and contested.
Impact and expenses
Recoverable loss must be supported by evidence. That may include therapy and medical reports, receipts, carer records, evidence of work changes and assessments of future needs. Some payments, including Medicare-funded services and NDIS supports, may need to be repaid or taken into account from compensation. Current official guidance should be checked.
What to collect now
Families do not need to analyse evidence themselves. Gathering and preserving it early, however, can help a solicitor assess the situation, especially as time limits apply and differ between jurisdictions.
For your next conversation
- Written requests for complete records from each hospital, clinic and GP involved
- A dated personal timeline of pregnancy, labour and the days after birth
- Copies of open disclosure letters or complaint correspondence
- Receipts for medical, therapy, equipment and travel costs
- Records of changes to work hours or income
- Current diagnosis and treating-specialist reports for the child or mother
Common questions
Do we need an expert report before contacting a solicitor?
No. Solicitors usually obtain expert opinions after reviewing the records, because they know which specialties and questions are relevant. Commissioning a report yourself early may not address the right legal issues and could add unnecessary cost.
What if some records seem to be missing?
Note what appears absent, such as part of a CTG trace or a set of nursing notes, and tell your solicitor. They can make targeted requests and ask the provider to explain. Missing records do not prevent a claim but can affect how evidence is assessed.
Sources & further reading
- OAIC: access health information (opens in a new tab)
- Healthdirect: cerebral palsy (opens in a new tab)
- RANZCOG: fetal surveillance guideline (opens in a new tab)
- NDIS: compensation calculator (opens in a new tab)
- Services Australia: Medicare compensation recovery (opens in a new tab)
- NSW Limitation Act 1969 (opens in a new tab)
These references support the topic’s starting points. They do not determine the facts, standard of care or law applicable to an individual matter.