$6,500,000 Settlement Accepted By Parents Following Failings In Monitoring Pregnancy

It is expected that Australian medical practitioners will provide a level of care commensurate to its status as a first world country. In particular, extra care should be taken in relation to pregnant mothers and their unborn children to ensure their optimal health.

During the third trimester of her pregnancy, a mother arrived in Australia. She did not previously experience any significant illnesses, bleeding or complications during her pregnancy. A gynaecologist examined her condition and stated that her pregnancy was proceeding satisfactorily.

After several visits, the mother was then referred for an ultrasound which indicated that the child was in the lowest fifth centile. Despite this, there was no investigation to determine the cause of the child’s low weight and no further was taken by the mother’s treating doctors. Based on the small size of the child, the mother was advised of an estimated gestation date one month later previously advised.

Following 10 days of limited foetal movements, the mother again attended her general practitioner who referred her immediately to the hospital. The mother was examined and her CTG was noted as abnormal. Due to the absence of reassuring tests and a lack of reactivity and variability, the mother underwent an urgent caesarean section to deliver her child shortly after.

The child was born with a low birth weight and low APGAR score, and remained in a special nursery at the hospital for approximately 40 days. The child also sustained chronic hypoxia-ischaemia perinatally and required oxygen. The child now suffers from a number of conditions including cerebral palsy, autistic behaviours, loss of motor co-ordination, developmental delays and behavioural disorders. The child requires significant future domestic care and assistance and home modifications.

Gerard Malouf & Partners was approached by the parents to investigate the possibility of negligence on the part of the hospital in failing to adequately monitor the progress of the child and its movements. Had it done so, they would have appropriately managed the pregnancy and prevented the child from suffering his current injuries.