Parents Receive total of $485,000 in Compensation for Tragic Death of Newborn Child

Published 13 Jun 2018

This matter concerns the untimely and tragic death of a newborn child. The child was unfortunately suffocated after being born as a result of being left unattended with the mother who was heavily sedated and unwell following a 12 hour labour.

This was the mother’s first child and the entire pregnancy had gone well. The birth was quite a long process but the baby was born healthy via an emergency caesarean.

Understandably, the mother was extremely tired following the birthing process, as well as heavily sedated. A few hours after the baby was born, it was brought to the mother for breast feeding but it did not latch so it was taken away again. Several hours later, another attempt was made but this was also unsuccessful. The mother was advised by nursing staff that she should simply enjoy time with her baby. Unfortunately, they left the mother with her baby unsupervised. The mother was extremely weak and heavily sedated and should never have been left in such a state.

When the mother woke up, she noticed that her baby was limp and weak and was not moving. She advised the nurse that something was wrong but the nurse did nothing. It was not until a third nurse came in that it was confirmed that the baby was not breathing. Attempts were made to resuscitate the baby, but all the attempts were unsuccessful.

Both the mother and father of the deceased child contacted Gerard Malouf & Partners for assistance and got into touch with Mr Leslie Abboud, a solicitor specialising in medical negligence with over 30 years’ experience. Leslie and his team quickly put a case together for the aggrieved parents and briefed an expert obstetrician and gynaecologist who confirmed that the hospital had acted negligently in their care and treatment of the mother and her child, and that this negligence had resulted in the untimely death of the child. Both parents were assessed by an expert clinical psychologist who arrived at diagnoses of Post-Traumatic Stress Disorder, as well as major depressive disorder.

Along with an expert barrister, Leslie Abboud negotiated both parents’ claims and settled them at mediation for a total of $485,000, with $265,000 being awarded to the mother and $220,000 to the father. This sum of money will be used to assist both parents with the future psychological treatment and therapy required to get their lives back on track following this tragic incident.

If you have been a victim of medical negligence, don’t delay. Call (02) 9630 4122 today for a consultation with one of our expert solicitors.