Western Sydney Family Awarded Total $4,200,000 in Compensation After Child Born with Avoidable Disabilities

Published 12 Apr 2018

Our clients were a family from Western Sydney who received $4,200,000 in total compensation following the mismanagement of the mother’s pregnancy by the defendant hospital.

The mother was considered a high risk pregnancy due to several factors, including her age, gestational diabetes, anemia and heavy bleeding. An ultrasound scan conducted during the pregnancy, if reviewed correctly and in line with peer professional opinion, would have revealed a dysmature foetus and correct treatment would have been administered. Unfortunately, this did not occur, and the baby developed hypoxic ischaemic encephalopathy which led to neurological damage.

The father and mother in this situation were both understandably distraught, and approached Gerard Malouf and Partners for help. The matter was taken on a “no win, no fee” basis, meaning that our client family would not need to pay any legal fees unless a settlement was reached. This matter was quite complex, but with Leslie Abboud’s experience and expertise in the areas of both law and medicine, a strong case for the family was made and a favourable settlement was reached. Leslie drew on the expertise of several leading medical specialists who examined the child’s case and provided valuable expert evidence in support. With the assistance of expert barristers, including Senior Counsel, the child’s and parent’s cases were prepared to the highest possible standard. Of course, the medical negligence team at Gerard Malouf & Partners also played a crucial role in advancing this case and gathering all relevant medical evidence, including clinical notes from treating doctors and hospitals. The child was awarded $4,000,000 in compensation, largely for its future care and treatment expenses, and the father and mother were awarded $50,000 and $150,000 respectively in compensation for their future psychological treatment needs.

This matter is one of great personal pride for Leslie Abboud, as he particularly enjoys helping children who have been adversely affected by the negligence of medical treatment providers. While no amount of compensation will totally “fix” the problems this family faces, it will provide them with a way to get their lives back on track and provide their child with the treatment and care it deserves to improve its quality of life as much as possible.

Are you a victim of medical negligence? Has a family member been affected by medical negligence? To take advantage of our unique “no win, no fee” arrangement and to get you the compensation you deserve and are entitled to, call our toll free number on 1800 004 878.