South Western Sydney couple awarded $500,000 after loss of their first-born baby

Published 06 Jun 2017

A husband and wife approached Gerard Malouf and Partner  while suffering complete heartbreak and devastation  after losing their first-born, a son, less 2 days after he was born. They both suffered immensely and developed psychological conditions as a result of their loss.

The wife presented to hospital at 39 weeks gestation due to lack of foetal movement with a high blood pressure reading and a history of gestational diabetes with insulin dependency. Rather than admitting our client in order to monitor her condition and the condition of the foetus, she was sent home after 2 hours with no medication or further treatment.

She attended the hospital for a scheduled induction two days later where she wife was given syntocinon to aid with the delivery. The wife had a reaction to the syntocinon  and an emergency Caesarean section was ordered. Their son had a poor prognosis and took over 20 minutes to resuscitate after his birth.  He tragically passed away two days later. The medical records indicated that the child was showing signs of distress throughout the labour which was found to be caused by the syntocinon and other factors.

Both parents were going through immense pain and suffering and were unable to return work for extensive periods as they developed psychological conditions while they mourned the loss of their son. As they believed that their son’s death would have been preventable if not for the hospital’s negligence, they contacted the expert medical negligence team at Gerard Malouf and Partners to enquire about making a claim against the hospital for compensation.

Julie Baqleh, Accredited Personal Injury Specialist, took carriage of the matter and immediately requested all medical records surrounding our client’s treatment at the hospital in order to determine the circumstances surrounding the birth of their child. Following this, a Senior Obstetrician was briefed for a report on negligence. Negligence was clear in this case. We then had our client’s medically assessed in relation to the psychological injury they had suffered as a result of this tragedy and the ongoing implications it was having on their lives.

Bearing in mind the considerable expenses of litigation, Ms Baqleh organised a mediation between the parties in an attempt to resolve the matter and allow this couple to find some sort of closure and begin to move forward with their lives. After lengthy negotiations at the mediation, we were able to secure the husband and wife $250,000 each, a combined sum of $500,000 in compensation.

If you have been treated by a hospital or medical practitioner and believe that there may have been some form of medical negligence or malpractice, we urge you to contact Gerard Malouf and Partners today. Our expert medical negligence team offers a personalised and professional experience to make sure that every client feels at ease as they are guided through the legal process of seeking compensation for their physical or psychological injuries.