It is crucial to provide extra attention to pregnant women and their unborn children to maintain optimal health. Unfortunately, our client suffered from multiple failures in pregnancy monitoring.
During the third trimester of her pregnancy, the mother arrived in Australia, with no prior significant illnesses, bleeding, or complications. A gynecologist examined her and confirmed that her pregnancy was progressing 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 a 10 day period of reduced foetal movements, the mother consulted with her general practitioner again who promptly referred her to the hospital. An examination and CTG test revealed abnormalities. with no reassuring signs of reactivity or variability. 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.
This child was born with low birth weight and a low APGAR score. Consequently, the child had to be kept in a special nursery in the hospital for around 40 days. Additionally, the child suffered from chronic hypoxia-ischaemia perinatally and required oxygen. The child now suffers with several health issues including cerebral palsy, developmental delays, loss of motor co-ordination, behavioural disorders, and autistic behaviours. As a result, the child needs significant domestic care and assistance, as well as home modifications to lead a comfortable life.
Gerard Malouf & Partners received a request from the parents to investigate whether the hospital was negligent in monitoring the child’s development and movements. If the hospital had taken appropriate measures, they would have been able to manage the pregnancy effectively and avoided the child’s current injuries.
The medical negligence team worked tirelessly with medico-legal experts to build a case for the family.
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In the spirit of reconciliation GMP Law acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea, and community. We pay our respects to their Elders past, present, and emerging, and extend that respect to all Aboriginal and Torres Strait Islander peoples today.
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