Assisted delivery carries recognised risks for mother and baby. A claim depends on whether the instrument was appropriate, consent was obtained, the technique followed accepted practice, and whether a specific shortfall probably caused injury, rather than the procedure itself.
Indication and consent
Experts consider why an assisted birth was chosen, whether alternatives such as caesarean were considered, and what was explained. Urgent circumstances may limit discussion, but material risks should generally be disclosed.
Instrument records
Records should describe the instrument used, position of the baby, number of pulls, any detachments and whether a change of instrument occurred. Sequential use of instruments can be a focus of review.
- Operative delivery notes
- Instrument type and attempts
- Time of decision and birth
- Staff present
Maternal and infant injuries
Maternal injuries may include severe tears and pelvic floor damage. Infant injuries may include scalp bleeding, skull fractures, nerve or brain injury. Specialist records describe these injuries and their likely course.
Expert assessment
Obstetric experts assess selection and technique; neonatal or maternal specialists assess causation and prognosis. Injury after assisted delivery does not by itself establish negligence.
Losses
Losses may include medical costs, therapy, lost income, care needs and, for a child, long-term support interacting with NDIS and Medicare recovery.
For your next conversation
- Request operative delivery and consent records
- Obtain neonatal imaging and assessment reports
- Gather maternal perineal repair and follow-up records
- Note conversations about instrument choice
- Keep costs and therapy records
Common questions
Both forceps and vacuum were used. Is that relevant?
It may be. Experts often examine why instruments were changed and whether continuing was appropriate. The answer depends on circumstances and outcome.
Can both mother and baby have claims?
Yes, each person's injuries are assessed separately, though the same records and events are often relevant.
Sources & further reading
- Pregnancy, Birth and Baby: labour complications (opens in a new tab)
- OAIC: access health information (opens in a new tab)
- NDIS: compensation calculator (opens in a new tab)
- Services Australia: Medicare compensation recovery (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.