$210,000 compensation for uterine rupture after complicated child-birth suffered by a Sydney woman

Published 17 Jan 2017

In this complex medical negligence matter, we were instructed by a 24 year old woman the Hills District in Western Sydney who suffered injuries and disabilities suffered in the course of her child-birth, which was inadequately and negligently managed.

Our client sought antenatal care from a major local hospital. She had a previously pregnancy during which she delivered her child by elective caesarean section.  During her second pregnancy, she expressed a desire to attempt a natural delivery. Her treating specialist confirmed he was happy for her to try and do so. At 40 weeks and 2 days gestation, her labour was induced.  After an extended labour, she was eventually rushed into surgery for an emergency caesarean section.  During surgery, it was confirmed that her uterus had been ruptured.

Once we were retained under our No Win No Fee personal injury compensation cost agreement, we took care of all costs associated with the preparation of our client’s claim.  At our own initial cost, we obtained all her medical records from numerous doctors and hospitals, and instructed appropriate experts to comment on the care she received.

After we obtained supportive expert reports, we obtained instructions from our client to commence proceedings in the District Court of New South Wales.  In order to strengthen our client’s claim, we arranged for our client to undergo medico-legal assessments.  The expert opinion provided by these experts assisted in strengthened our legal position.

We argued that the hospital ought to have warned the plaintiff that she was a high risk pregnancy, and that she should have proceeded to a caesarean section all along.  We also argued, in the alternative, that there was a delay in switching to an emergency caesarean section, and that her injuries could have been avoided or at least lessened had these steps been taken earlier.

The solicitors for the local health district also obtained their own expert evidence, which revealed some differences in opinion on key issues in the case.  Mr Roshaan Raina assumed conduct of the case, and through tough negotiation at mediation, Mr Raina was able to secure a settlement of $210,000.00 in this matter.

If you have suffered damage as a result of medical negligence, you need to speak with an experienced solicitor who understands the intricacies of such cases.  If you have a case you wish to discuss, please contact Gerard Malouf & Partners on 1800 004 878.