A mother’s fight for justice: Securing compensation after catastrophic birth injuries

The ripple effects of that day have touched every part of this family’s life.

When asked how the medical negligence had affected them, the mother’s response was simple: “Everything.” It has changed their daily routines, work, family responsibilities, mental and emotional wellbeing, and financial stability.

The reality of caring for a child with such complex needs is all-encompassing. Every day brings new challenges, from managing her daughter’s medical needs and feeding requirements to coordinating countless therapy sessions and medical appointments. The mother and father have had to restructure their entire lives around providing the constant care their daughter needs, while also supporting their other children through the emotional weight of their sister’s condition.

The financial burden has been immense. Specialist equipment, modifications to their home, ongoing therapies, and the loss of income as caregiving demands have made regular employment impossible.

The decision to take legal action was not made lightly. The turning point came when the mother realised that seeking accountability was essential, both for her family and to help prevent other families from enduring the same trauma.

“My family suffered too much,” she explains.

The family was referred to GMP Law by friends and relatives who understood the importance of having specialist legal expertise.

At first, the legal process felt overwhelming. The mother recalls how emotionally difficult it was to revisit what had happened.

“My emotions were affected every time they [the defendant] questioned me about my daughter for assessment.”

GMP Law Partner, Ray Abbas, explains the complexity these families face.

“Birthing cases are notoriously complex. The emotional weight on families is enormous; they’re grieving the loss of the healthy child they expected while simultaneously caring for a child with catastrophic disabilities. They’re often dealing with their own trauma from witnessing their child’s suffering, all while trying to understand complex medical and legal concepts.”

Ray outlines the central liability questions in this case.

“We needed to establish whether the hospital acted in accordance with the required standard of care in delivering the child, and whether the hypoxic brain injury would have been avoided had they acted in accordance with the acceptable standard of care widely expected of public hospitals in NSW.”

The challenges were substantial.

“We faced significant differences in opinions between the respective experts on both sides,” Ray explains. “The defendants served evidence suggesting that the hospital acted appropriately and that regardless of any negligence, the outcome may have been the same in terms of the injuries suffered.”

This required our team to obtain supplementary expert reports to effectively counter the defendant’s position, a critical turning point in the case.

Expert evidence plays a crucial role in birth injury cases, and it was central to the outcome of this one.

“In birthing matters, it is crucial to obtain supportive evidence from an obstetrician, paediatric neurologist, paediatric radiologist, neonatologist, and neuropsychologist. Lack of support from any of these specialties can significantly weaken a case. In this matter, we were able to obtain supportive evidence from all relevant specialists.”

This comprehensive expert evidence proved decisive. The medical specialists’ reports collectively painted a clear picture. The hospital’s failure to act appropriately during labour led directly to the child’s hypoxic brain injury and the resulting catastrophic disabilities she now lives with.

The process of gathering this evidence was lengthy, influenced by both the availability of various experts and the need to fully document the extent of the child’s injuries and disabilities. Each assessment, while necessary, brought fresh emotional challenges for the family.

These repeated evaluations, while essential for building a comprehensive case, required the family to relive their trauma and confront the full extent of their daughter’s disabilities again and again.

Throughout this challenging journey, our legal team focused on providing both expert legal representation and compassionate support.

The mother shared how much she valued the team for “helping me not to give up and assuring me they would do everything to gather all the evidence.”

That support made a real difference during the most difficult moments.

Ray notes: “These families are already carrying an enormous burden. Our role extends beyond legal advocacy. We need to help them navigate a complex, often overwhelming process while managing their own trauma and their child’s care needs.”

The mother felt this genuine care from our team. Despite the challenges of the legal process, she felt supported and understood throughout.

“They’re sympathetic to my family and what we’ve been through. They supported me to ensure I won the case.”

For the family, the resolution provides financial security, validation of their suffering, and accountability for the medical failures that caused their daughter’s injuries. It also ensures they have the resources to give her the best possible care and quality of life.

“It changed our lives,” the mother says of the settlement.

Today, the family can look toward the future with greater security and hope. Their daughter continues to receive the extensive care and therapy she requires, now without the crushing financial pressure that had been an additional burden on the family.

While nothing can undo the injuries their daughter sustained or restore the life they imagined for her, the settlement provides the resources and support necessary to give her the best possible quality of life. It also acknowledges the profound impact on their family and holds the responsible parties accountable for the failures in care that led to such devastating consequences.