Nervous shock claim against Hospital

PUBLISHED 16 May 2013

Our client had a very uncomplicated pregnancy. At 41 weeks gestation she was admitted to her local hospital’s antenatal ward for post state induction of labour, as a result of low amniotic fluid volume. An intra-uterine catheter was inserted, and the trace reading was documented as normal. Our client was then transferred back to the antenatal ward for overnight observation.

The following morning, our client was experiencing strong contractions, and it was imperative that a gynaecologist or obstetrician see her as soon as possible. However, given that the staff was busy at the time, our client was transferred to a delivery suite. For another four hours, our client’s health continued to deteriorate, and no staff members of the hospital attended to her.

Our client’s daughter was delivered one hour thereafter with poor tone and no movement. The client’s daughter was resuscitated, but remained under extensive support for the next two days. Our client’s daughter passed away the following day.

As a result of these incidents and the inaction of the staff at the hospital, our client suffered major distress, anxiety and depression. Our client wanted to lodge a nervous shock claim against the hospital. A nervous shock claim is a claim under the Civil Liability Act 2002 for pure mental harm. We were also able to include a claim for past and future medical expenses as well as past and wage loss.

Our client and her husband approached our law firm, knowing that we would be able to efficiently and aggressively fight for them. Our team consists of experts from the medical field who immediately understood the issues of her case, and were able to launch a statement of claim for both the wife and the husband against the defendant. The strength of our submissions forced the defendant solicitors to approach our medical negligence team with an offer of settlement, and as such an Informal Settlement Conference was arranged. This meant that the clients did not have to deal with any further stress of going to Court and paying more fees. Thanks to our compassionate and committed solicitors, our team was able to resolve this nervous shock matter in a combined sum of $500,000 plus costs.

Call us now on 1800 004 878 to book a free appointment with one of my compensation experts, or email your enquiry.