Expecting couple compensated for negligent conduct of Hospital during pregnancy

Published 11 Nov 2014

Our client had previously given birth by way of Caesarean Section to two children. When our client fell pregnant a third time, she attended to her local public hospital for management and treatment. Our client’s ultrasound reports appeared to be normal for the first two trimesters. She was diagnosed with gestational diabetes and this was being managed by taking units of insulin each day.

Our client was booked in for a Caesarean section on an estimated date of delivery. In light of our client’s condition and history, she was placed on the waiting list to have her operation moved earlier. A few days before the estimated date of delivery, our client experienced a pink tinged mucosal discharge. The Hospital reassured her that this was normal. A few days later, our client again called the Hospital after experiencing some spotting and blood, and was advised to come in. Upon arriving at the Hospital, the client was advised that the foetus had died in utero and she had to undergo Caesarean section.

Our client and her husband suffered from depression, feelings of loneliness, nightmares, frustration and agitation. They also continuously worried for their children and their relationship began to deteriorate. They wanted to be compensated for the loss that they suffered so they approached Gerard Malouf & Partners. Our clients wanted a firm that would take their case seriously and that had extensive experience in the medical negligence and nervous shock fields. Their matter was assigned to Christine Beshay, one of our senior solicitors who practices in medical negligence and nervous shock claims. Christine was able to handle the matter prudently and delicately.

Upon opening their file, Christine obtained the relevant clinical notes of hospitals, treating doctors and psychiatrists. Christine also arranged for our clients to attend to various medico-legal appointments so that she was able to ascertain the true extent of our clients’ injuries. A Statement of Claim was filed and we alleged that the Hospital was negligent in inappropriately assessing the estimated date of delivery, in failing to deliver the foetus at 39 weeks gestation or before and in failing to deliver the foetus while still alive. It was our client’s contention that as a result of the Hospital’s breach of duty of care, the foetus died. 

The Hospital agreed to settle the matter out of Court. This was beneficial to our clients as it would enable them to quickly resolve the matter without having to deal with the expense and stress that comes with going to Court. The wife received $135,000 and the husband received $100,000 as compensation for their loss. They were pleased with the result and ready to move on with their lives.

We are a highly focused and specialized medical negligence compensation law firm being small enough to care, yet large enough to have solid financial, medical and expert resources to match the big defendants and insurance firms. Our “no win no fee’’ arrangements and written guarantee to reduce fees in the unlikely event of a poor result is unmatched in the legal industry Australia-wide.