Nick Xenophon & Co.

653 Lower North East Road,
Paradise SA 5075

Phone: (08) 8336 8888


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$5M Payout for Child Birth Medical Negligence

$5M Payout for Child Birth Medical Negligence

The District Court recently awarded a couple $5 million over the botched birth of their son, which left the now eight-year-old with brain damage.

They sued the hospital, claiming a GP obstetrician was negligent in failing to perform an emergency caesarean when their son’s August 2009 labour hit difficulties.

It was alleged that the Doctor continued to try to deliver their baby, who weighed 4.6kg, making multiple attempts to extract him using instruments even though his head had not descended. The baby was deprived of oxygen, his heart rate flatlined and he required resuscitation. He also suffered a fractured right collarbone.

The judge found that the Doctor’s decision not to undertake the instrumental delivery in an operating theatre that was already set up for an emergency caesarean was in breach of competent professional practice widely accepted by his peers.
The damages awarded by the court would not only cover the child’s future medical costs but also other long-term support including therapy and carers. The judge found that he would need that support for his entire life, not just until the age of 18, because of his impairment.

If you believe you have been a victim of Medical Negligence call Nick Xenophon & Co. Lawyers today on (08) 8336 8888. Your first consultation with us is absolutely free and we can also offer you a “no win – no fee” arrangement if that suits (some conditions apply).