The Lowdown with Bravemumma

How to navigate the legal system after birth trauma, with Hayley Collins.

November 5, 2021


If you have sustained injuries through childbirth, this discussion with Associate Hayley Collins - serves to be informative regarding the litigation process in receiving not only acknowledgement of the injuries incurred but also compensation.

For the average person the area of law is unknown and there is a general lack of understanding regarding the different titles and levels of law professionals i.e differences between lawyer, solicitors, associates, barrister QC etc and each of their area of expertise. So when women find themselves wanting to explore options for taking on a claim following injuries as a result of birth trauma this field can be quite intimidating and unknown.

What are some of the drawbacks or negatives in pursuing a law claim for birth injury? Financial constraints can be one factor as the process can be quite expensive. Another aspect is the process can take a long time before reaching court. Women are generally vulnerable following a traumatic birth and are daunted by the prospect of litigation.

There are many positive aspects of working with people that have experienced birth trauma....success in receiving financial compensation for injury, acknowledgement of injuries, wanting to help other people that have experienced birth trauma.


This episode is for you if you want to know about:

  • Legal terminology e.g. what is causation?
  • Vaginal birth
  • Compensation
  • Forceps
  • Breach of duty of care due to lack of consent prior to the use of forceps
  • C Section
  • Birthing Plan
  • Midwifery profession promote vaginal birth
  • C Section can be viewed as failing in the birth area
  • Medical profession often normalise birth trauma
  • Disbursements
  • No win - no pay
  • Settlement
  • Upfront understanding and knowledge of the process involved taking on a claim for medical negligence.
  • Prospects of success
  • Statute of Limitation
  • Health policies in relation to birth
  • HCCC
  • Birthing debrief
  • Birthing Plan
  • What is a Class Action?


Grab yourself a cuppa from Madame Flavour and use code: BRAVEDR to receive 20% off, plus a FREE gift box of tea. 

Association for Pelvic Organ Prolapse Support APOPS:



Host - Stephanie Thompson

Executive Producer & Editor - Dave Stokes

Podcast logo artist - Khrystyna lukashchuk

Brand Designer - Brodie-Rose

Original Soundtrack - Steven Robinson 

A special thanks to Lyn for helping with these show notes. Great job mum! 

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