Change location v

Cerebral Palsy Caused by Negligent Management of Pregnancy by a Sydney Hospital Results in over $10 Million in Compensation

This medical negligence case involved a Sydney couple, in the late stages of pregnancy, looking forward to starting a family. When the expectant mother’s water broke 6 days later than anticipated she attended her local suburban hospital expecting her child to be delivered.

Rather than having her pregnancy managed at the hospital she was sent home to monitor any progression. It was not until two days and two presentations later that she was eventually admitted to have her son delivered.

It is well known in the medical profession that following the breaking of a mother’s water the child can be exposed to infection and the deprivation of oxygen. Despite this knowledge our client’s local hospital failed, upon her initial presentation, to transfer her to a major Sydney hospital located a mere 13km away with a dedicated obstetrics team and the facilities capable of performing caesarean sections.

The consequences of this failure for the young couple and their son were life changing. With the failure to appropriately manage the birth of our client’s first son resulting in him being catastrophically deprived of oxygen in the womb and ultimately being born with cerebral palsy. 

The couple found themselves caught in the bittersweet emotions of joy on one hand, stemming from the starting a family with a son they loved. Combatted with severe apprehension on the other, being fearful of their financial future and the way in which they would ensure their son had the best upbringing possible when one parent would now have to permanently care for him. The family would have to rely on one income to cover living, medical, housing and special schooling expenses.

Aside from these emotions the family was also horrified at the suspicion they had, that their son would have been born happy and healthy if it was not for the undue delay of the hospital.

This young family approached Gerard Malouf & Partners to assist and investigate their suspicions. In obtaining multiple expert opinions from some of Australia’s best professors and doctors we were able to establish a strong case of negligence against the hospital. Most disappointingly, it was confirmed that these injuries to our client’s new born could have easily been avoided.

Fortunately this matter was able to be settled for over 10 million dollars at mediation by our medical negligence lawyer Leslie Abboud.

This settlement provided the family a sense of much needed hope for their future allowing them to ensure their home was modified to best suit the needs of their child and that their son could go to a special needs school to obtain the treatment he required without the family having to worry about just making ends meet.

The mother of the child is a member of the cerebral palsy alliance and was particularly pleased that their claim was resolved in just two years, with many other families waiting five to ten years to finally obtain the closure and support they desperately require in similar cases.

We hope that this settlement ensures that despite his disabilities, this young couple’s son can grow up with all the necessary support he requires.

© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

Website Design by MediaSmiths

Your location is currently: