Western Australian claims are governed by WA limitation and civil liability law. A traumatic birth experience may be deeply distressing without amounting to negligence. A WA-authorised solicitor can assess whether injury, breach, causation and loss can be shown in a particular case.
Responsible lawyers
No WA practitioner has been confirmed for this site. Families should check that any solicitor holds a current WA practising certificate and ask about their experience with medical negligence claims. The size of the state means that families in regional WA may rely more on remote consultations.
Birth trauma and the WA legal framework
Many parents use the term birth trauma to describe a frightening or overwhelming birth. Emotional support for this experience is important and available through health services. A traumatic experience, however, does not by itself establish a legal claim.
A WA solicitor would examine whether there was a physical or recognised psychiatric injury to the child or mother, whether care fell below the standard at the time, whether that caused the injury and what losses followed. WA civil liability law may affect how some losses, including psychiatric injury, are treated.
Questions about time limits
WA limitation law applies its own rules, which may differ for a child and for a mother's own claim. A solicitor would need to review the dates and the current law. Seek advice promptly rather than relying on a general figure.
Local process
Practical matters for WA families include:
- Requesting records from WA public health services or private hospitals
- Records from any transfer, including from regional hospitals to Perth
- Independent expert opinions, possibly from interstate
- Court approval for any child's settlement
Contact
Families can prepare a timeline, the names of facilities involved and any psychological or medical reports. If the mother is considering her own claim, she should mention this early so it can be assessed alongside the child's. Ask for written costs information.
For your next conversation
- Is the concern about the child's injury, the mother's injury, or both?
- Maternity and neonatal records from every facility involved
- Any psychological or psychiatric assessment reports for the mother
- Confirmation of the solicitor's WA practising certificate
- Written costs disclosure
Common questions
I experienced a traumatic birth in Perth. Do I have a legal claim?
Not necessarily. A distressing experience deserves support, but a claim usually requires a recognised injury, care below the expected standard, and proof that the care caused the injury. A WA solicitor can review records and explain whether these elements might be present.
Can a mother and child both bring claims from the same birth?
Possibly. The child and mother may have separate injuries and separate claims, each with its own legal issues and timing. A WA solicitor should consider both at the outset.
Sources & further reading
- OAIC: access health information (opens in a new tab)
- Pregnancy, Birth and Baby: traumatic childbirth (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.